Laserfiche WebLink
<br />Proposed Civil Penalty Assessment <br />Seneca Coal Company/The Seneca II-W Mine <br />NOV CV-O1-012 <br />Materials reviewed in conjunction with the preparation of this proposed assessment were: DMG inspection <br />report dated 5/30/01; Dh1G NOV CV-2001-012 form; 12 DMG photographs; letter from permittee dated <br />5/31101: DMG NOV Modification Notice dated 6/19/01. <br />History [Rule 5.04.5(3)(a)]: <br />Two NOVs have been issued at this mine within the year preceding the issue date of this NOV. <br />CV-2000-007 is no longer subject to administrative appeal. CV-2001-002 has yet to be terminated <br />and therefore remains eligible for administrative appeal in accordance with Rule 5.03.5(I)(a). <br />The History component of [his assessment is therefore proposed at $50. <br />Seriousness [Rule 5.04.5(3)(b)): <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />assessed is based upon whether the permittee failed to comply with a performance standard or an <br />administrative standard. This NOV was written for a violation of performance standards. <br />In the case of a pecmittee's failure to comply with a performance standard, [he amount of [he <br />Seriousness component is to be further based upon nvo additional factors: (l) the probability of <br />the occurrence of the event which the violated standard is designed to prevent, and (2) the duration <br />and extent of the actual or potential damage in terms of area and impact upon the public and the <br />environment. <br />(I) In [his case, event's that the cited performance standards are designed to prevent did in fact <br />occur. Topsoil was not salvaged from areas upon which spoil was deposited, sediment was <br />not retained within disturbed areas, and the approved buffer zone was no[ adhered to. <br />(2) The duration of the events associated with this NOV is unknown. The extent of the area <br />within which the violation occurred appears to be approximately 1/2 acre. There does not <br />appear to have been any impact upon the public. <br />The Seriousness component of this proposed penalty assessment is therefore set at $750. <br />Fault [Rule 5.04.5(3)(c)): <br />The fault component of a proposed assessment may range from $0 [o $1500. Assessments for <br />unavoidable violations may range from $0 to $250. Assessments for violations that were the <br />result of negligence may range from $250 to $750. Assessments for violations that were the result <br />of intentional conduct may range from $750 to $1500. <br />This violation appears to have occurred as a result of an extremely high degree of negligence. <br />This area of the mining operation received a violation for off-site disturbance on 1/31!01. <br />The Fault component of this proposed penalty assessment is therefore set at $750. <br />Good Faith Credit in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This violation has not yet been abated. The Good Faith Credit component of this proposed <br />penalty assessment is therefore proposed at S0. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore recommended to be $1550. <br />