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~, • • <br />Rationale of Proposed Civil Penalty <br />Blue Ribbon Mine <br />NOV C-84-016 <br />On April 20, 1984 an inspection of the Hotchkiss Coal Yard revealed <br />underground development waste had been hauled to the site from the <br />Blue Ribbon Mine. A Notice of Violation was subsequently written on <br />May 14, 1984 for failure to dispose of underground development waste in a <br />designated disposal area within a permit area. <br />The civil penalty was assessed in accordance with the procedures set forth in <br />MLRD Rule 5.04.5. <br />Rule 5.04.5(2)(a) - History of Previous Violations <br />This rule requires that $50.00 be assessed for each previous violation issued <br />within the past 12 months, up to a maximum of $1,750.00. A penalty of $150.00 <br />was assessed based on a history of three violations within the past 12 months. <br />History $ 150.00 <br />5.04.5(2)(b) -Seriousness of the Violation <br />Up to $1,750.00 of the penalty assessment is to be based on the seriousness of <br />the violation, in consideration of probability of occurrence, duration and <br />extent of damage. <br />The Division considers the disposal of underground development waste at a <br />non-permitted area to be a serious violation. This waste is potentially <br />toxic-forming and combustible. In an uncontrolled environment this material <br />could easily be mishandled and cause impacts to water resources, wildlife, and <br />other related environmental values. In addition, reclamation of the remaining <br />waste could not be assured since the site was not permitted. <br />Because of the above concerns the Division feels the maximum penalty under <br />Seriousness is warranted. <br />Seriousness $1,750.00 <br />Rule 5.04.5(2)(c) -Fault <br />Fault is divided into three separate units and carries a maximum penalty of <br />$1,500.00. <br />1. If the violation was unavoidable despite the exercise of reasonable <br />care, no assessment for fault will be made. <br />