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:.. <br />-2- <br />Using this system seriousness was assessed in the following manner: <br />a. Probability -Rule 4.05.2(1) is designed to prevent <br />discharge of affected water prior to passage through a <br />sedimentation facility. The discharge of pit water into <br />Mann Draw is exactly the type of event that this standard <br />is designed to prevent. A value of 4 is assessed. <br />b. Duration and Extent - the duration of the event was short, <br />the extent was small. Values of 2 and 2 are assessed, <br />respectively. <br />(4 x 2 x 2) x $1,750.00 = <br />64 <br />$437.50 <br />3. Fault - The operator has been aware that sediment pond storage <br />capacity at the mine has been limited due to the leak in Pond B <br />for a few months. The operator was also aware of the <br />requirement of Rule 4.05.2(1) concerning passage of affectd <br />water through a sedimentation facility. They perceived their <br />situation as an emergency. <br />For these reasons the Division believes that the operator <br />exhibited a lack of reasonable care or diligence to an <br />intermediate degree. $500.00 <br />TOTAL $937.50 <br />/ep <br />Doc. No. 4178 <br />