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<br /> <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-151 <br />Notice of Violation C-93-151 was issued for "Failure to conduct <br />an inspection of the sediment pond for the third quarter of 1993 <br />as required by Rule 4.05.6(13)". Dan Hernandez issued the NOV <br />from the office to Rimrock Coal Company on December 6, 1993. It <br />was served on December 9, 1993. Wally Erickson, representing the <br />Division in the assessment conference, said the operator had the <br />required inspection done and the report submitted by December 17, <br />1993. <br />Mark Kerr, representing Rimrock Coal Company said he went out and <br />did the inspection on December il, and sent the information to a <br />registered Professional Engineer for certification. He requested <br />a good faith reduction. <br />The proposed civil penalty was: <br />History $400.00 <br />Seriousness $0.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $650.00 <br />History <br />Rimrock Coal Company has been issued seven NOV's and one CO <br />during the past twelve months. Three of the NOV's are in the <br />review process and do not count at this time. <br />Seriousness <br />I agree with the proposed penalty. <br />ault <br />I agree with the proposed penalty. <br />Good Faith <br />Rimrock Coal Company promptly abated the NOV and achieved rapid <br />compliance. However, to reduce the penalty for good faith there <br />must also be an extraordinary effort. I saw no evidence of an <br />extraordinary effort. I am not recommending a good faith <br />reduction. <br />Settlement Agreement Penalty $650.00 <br />