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...' <br />The Proposed civil penalty for CO-98-001 was: <br />History $100.00 <br />Seriousness (Severe) $500.00 <br />Fault (Intentional) $750.00 <br />Number of Days Penalty Assessed 4 <br />Good Faith $0.00 <br />Total Civil Penalty Proposed by the Assessment Officer was $5,400.00 <br />After hearing testimony from all parties and considering the evidence presented, I have come to <br />the following conclusions: <br />Histo <br />I concur with the penalty. <br />Seriousness <br />I concur that the violation was low/moderate in severity. I propose adjusting the civil penalty to <br />$250.00 per day. This is based on testimony that the fresh water diversions were being <br />maintained during this time period, were functional and that no damage occurred. <br />Fault <br />I concur that there was a high level of negligence in not responding to the NOV and CO in a <br />timely fashion. The abatement date was extended 2 times. Actual on the ground corrective <br />action only involved 2 days of work. No change is suggested for this item. <br />Number of Davs Penalty Assessed <br />I concur with the number of days. <br />Good Faith. <br />I concur that a good faith credit is not appropriate. <br />Settlement Agreement Penalty <br />History $100.00 <br />Seriousness $250.00 <br />Fault $750.00 <br />Number of Days Penalty Assessed 4 <br />Good Faith $0.00 <br />Total Penalty for NOV CO-98-00] $4,400.00 <br />