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has always been their practice to temporarily store the refuse before compaction. The fire danger is very low given the high moisture content of the refuse that is temporarily stored on pile 2/3. With respect to the second part of the NOV, Mr. Shrestha explained that Western Fuels had observed a soft spot on pile 4. In order to achieve the required compaction, they dug the spot out, dried the material and recompacted it. A depression remained where they had made the repairs. He felt it was double jeopardy to be issued an NOV when they were in the process of correcting a problem to achieve compliance. Based on the information presented in the assessment conference, I recommend that the first part of the NOV be vacated and that the second part be upheld. I believe that Western Fuels-Utah Inc. was storing the refuse on pile 2/3 in compliance with their permit and with the regulations. The large depression on pile 4 is in violation of the permit and regulations. The proposed civil penalty was $1,850.00. It was based on both parts of the NOV. Since only a portion of the NOV remains the civil penalty was reevaluated as follows. History There have been 2 NOV's during the past 12 months. $100.00 Seriousness No water was ponding in ,the pond and no;damage was observed. There .was potential for.pbnding:in the depression, especially since miner's vacation was to begin the day 'following the inspection: After, the operator became aware of the Divisions concergs they constructed a; diversion ditch.-.around the depression to dit~ect~ ~ia~~er away from. t1ie, ~mponndmet~t ye~ : ~s wonld•, min~i;ze water'co3~dectii~q %n the •d3::t~%+.~dnrnej.-~the,•~r,2,~= •ee~7c' miner's vaeati`on. i am propos'~ng $250.OOywli3cli .represents a `io~a level of seriousness. u t I don't believe this NOV was unavoidable because, the depression could have been avoided if the material had been sufficiently dry before it was first compacted, on the pile: However, once the operator became aware .of the soft spot, they repaired it. Although a depression remained, the pile was properly compacted. i relieve this represents a low level of negligence for not allowing sufficient drying time the first time the refuse was placed an .the pile. $250.00 is proposed. Good Faith The operator undertook tempotary measures by constructing a ditch around the depression on July 1. The depression .was filled by July 17. No evidence was presented to demonstrate extraordinary effort or that it was abated in the shortest time possible. Settlement Agreement Penalty Proposed $500.00