Laserfiche WebLink
Civil Penalty Assessment <br />Proposed Penalty Assessment <br />History $ 0.00 <br />Seriousness 750.00 <br />Fault 500.00 <br />Good Faith 0.00 <br />Total $1250.00 <br />History <br />The History component was not disputed. <br />Seriousness <br />The presence of some rill erosion from the pump pad to the stream <br />indicates the potential for sediment to be transported offsite, but <br />there is no evidence of actual offsite impact. It appears that the <br />operator had attempted to control sediment from the site by <br />spreading rock on the surface of the pad. The small size of the <br />disturbance (25 feet by 25 feet) and nature of the use would appear <br />to limit the potential for environmental damage. I propose a <br />reduction to $250.00 for Seriousness. <br />Fault <br />The Operator would appear to have exhibited a certain degree of <br />negligence in failing to specify the details of the pump pad, <br />including sediment controls and small area exemption <br />demonstrations, in the permit application. The Operator may have <br />believed that the facility was approved as a component of the light <br />use road, but this contention does not appear to be supported by <br />the record. The degree of negligence is mitigated by the fact that <br />the Operator had surfaced the site with rock to control <br />sedimentation, and this had apparently been effective based on past <br />inspection reports, although it had apparently not been maintained <br />at the time of the April, 1993 inspection. I propose a reduction <br />to $250.00 for Fault. <br />Good Faith <br />Good faith could not be considered because the NOV had not been <br />fully abated at the time of the Conference. <br />Settlement Agreement Penalty Proposal.........$500.00 <br />