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<br />Civil Penalty Recommendation <br />Battle Mountain Resources, Inc. <br />San Luis Project M-88-112 <br />Agenda Item No. 9, MLRB Hearing, April 23, 1992 <br />Order Battle Mountain Resources, Inc. to pay a civil penaltjy of <br />$13,200.00 based on $400.00 per day for 33 days of violation from <br />September 13, 1991-October 16, 1991. (Sample collection date, to day <br />before BMG would have been aware of elevated cyanide levelsl>. <br />2. Order an additional civil penalty of $155,700.00 based on $1900.00 per <br />day for 173 days of violation from October 17, 1991 to April 7, 1992. <br />(date BMG would have been aware of elevated cyanide levels Ito the date <br />a technical revision was approved for quick reduction of cyanide <br />levels). <br />The above civil penalty amounts total $168,900.00. The Division <br />recommends that the Board not consider suspension of any part of this <br />amount of the civil penalty. <br />3. The Division further recommends that the Board order BattleMountain <br />Resources to pay an additional civil penalty at the rate of $900.00 <br />per day until the violation is abated by meeting permit standards for <br />levels of cyanide in the tailings slurry, tailings ponds and <br />collection pond. <br />LDO/eke <br />2700E <br />