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NOV C-93-125 <br />New Elk Mine <br />This NOV was issued for failure to store petroleum-based materials <br />in an approved SPCC site. <br />HISTORY <br />Nineteen NOV's have been issued at this mine in the past twelve <br />months. $950 is assessed for history. <br />SERIOUSNESS <br />Inappropriate storage of petroleum products has the potential to <br />cause significant environmental harm. Contamination of soil at the <br />site described in this NOV had occurred. Storage containers with <br />a capacity of approximately 100 gallons were stored at the site and <br />apparently were not being protected from the weather or from <br />spilling. While the extent of damage was apparently limited in <br />size, the potential for damage, especially considering the mine's <br />proximity to an alluvial valley floor is significant. $1000 is <br />assessed for seriousness. <br />FAULT <br />There is no evidence to indicate that storage in an unapproved spot <br />was intentional. The operator was, at the least, negligent in not <br />following the storage plan in the mine's SPCC plan. Further <br />negligence was evidenced by the fact that product had spilled and <br />contaminated soil at the site. $750 is assessed for negligence. <br />GOOD FAITH <br />The operator responded to the NOV rapidly. $250 is awarded for <br />good faith. <br />c:\wp51\101493e <br />