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:I <br />'~ . <br />Justification for Proposed Settlement <br />for NOV C-84-164, American Fuels, Inc. <br />The fact of the' violation was not contested by the operator at the <br />assessment conference. The Division proposed a civil penalty as follows: <br />History $ 200.00 <br />Seriousness $1,750.00 <br />Fault $ 750.00 <br />Total $2,700.00 <br />Considerable discussion occurred regarding the seriousness and fault <br />components. Although I agree that tfie violation constituted a serious <br />obstruction of the Division's abil ity to enforce the law, I do not <br />believe that it warrants the maximum seriousness. The operation has been <br />in cessation since early Sumner of 1984. Because of this there were no <br />additional activities or ongoing problems on-the-ground as a result of <br />the failure to. contemporaneously reclaim. Thus, the seriousness <br />component should be reduced to $1,250.00. Discussion of the fault <br />component indicated that the Division appropriately assessed and <br />justified the $750.00 civil penalty. I am therefore proposing an amended <br />civil penalty of $2,200.00. <br />