Laserfiche WebLink
,• y • <br />Blue Ribbon Mine NOV C-84-004 -2- <br />Rule 5.04.5(2)(c) - Fault <br />Fault is divided into three separate units and carries a maximum penalty of <br />51,500.00. <br />1. If the violation was unavoidable despite the exercise of reasonable care, <br />no assessment for fault will be made. <br />2. If the violation occurred because of negligence, i.e., due to <br />indifference, lack of diligence, or lack of reasonable care, an assessment of <br />at least (250.00, but not more than (750.00, will be made. <br />3. If the violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least (750.00, but not more than 51,500.00, will <br />be made. <br />In this case the violation occurred as a result of negligence. In November, <br />1982 an OSM inspector noted that the stockpile had creeped on a small portion <br />of the topsoil stockpile. The OSM dtd not take enforcement action since the <br />operator removed the material the next day. Blue Ribbon also placed large <br />boulders around the stockpile to clearly indicate the stockpile limits. <br />Despite this, the operator allowed the same situation to occur again. For <br />this reason the maximum penalty under negligence was assessed. <br />Fault: f750.00 <br />Total Penalty Assessed: <br />History f 50.00 <br />Seriousness 260.00 <br />Fault 750.00 <br />f1,010.00 <br />Proposed Penalty Rounded to (1,000.00 <br />/ph <br />