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<br /> <br />damage could occur, especially if a storm event took place which <br />would result in additional uncontrolled runoff from the coal pile. <br />Also in the event of storm runoff, the sediment pond would not have <br />had adequate storage capacity to contain a 10 year - 24 hour runoff <br />event. •• <br />Based on the above three categories, the seriousness of the violation is <br />judged to be moderate. The penalty for seriousness is assessed at $750.00. <br />Seriousness _-$250:00- ~°O <br />Rule 5.04.5(2)(c) -Fault <br />Fault is divided into three separate units and carries a maximum penalty of <br />$1,500.00. <br />1. If the violation was unavoidable despite the exercise of reasonable <br />care no assessment for fault will be made. <br />2. If a violation occurred because of negligence, i.e., due to <br />indifference, lack of diligence, or lack or reasonable care, an <br />assessment at least $250.00 but not more than $750.00 will be made. <br />3. If a violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least $750.00 but not more than <br />$1,500.00 will be made. <br />In this case, the violation occurred because of negligence. Apparently, the <br />operator of the sump pump was not aware that there was any problems with <br />discharging the sump water into the river. Also, the operators of the <br />preparation plant did not realize that a valve had improperly been left open. <br />However, all employees at the mine should have been aware that such practices <br />are not allowed, and with reasonable care, these problems would not have <br />occurred or could have been properly mitigated. <br />Therefore, there was a lack of reasonable care. The penalty for negligence is <br />$750.00. <br />Fault <br />-3- <br />$750.00 <br />The total penalty assessed is as follows: <br />History $ 50.00 <br />Seriousness: 750.00 <br />Fault 150.00 <br />TOTAL 50.00 <br />