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i ~ <br />NOV C-92-034 <br />Somerset Mine <br />This NOV was issued for failure to store and dispose of noncoal <br />waste in a designated area within the permit. <br />HISTORY <br />No NOV's have ben issued in the past twelve months. <br />SERIOUSNESS <br />$1000 is assessed for significant seriousness. The potential for <br />surface and ground water contamination from possibly hazardous <br />materials was created by storage of drums of unidentified materials <br />in an undesignated location. If hazardous materials are identified <br />in the containers mentioned in the NOV, Colorado Department of <br />Health regulations may have been violated, as well. <br />Storage of hazardous materials in the permit area without a <br />designated area also raises the possibility that the mine may be <br />underbonded, since hazardous waste disposal costs have not been <br />accounted for in the reclamation cost estimate. <br />FAULT <br />$500 is assessed for negligence. The operator was negligent in not <br />designating a waste disposal site in the mine permit. The operator <br />was also negligent in not handling transformer cleaning rags in the <br />manner which the EPA had instructed. <br />GOOD FAITH <br />Good faith is not applicable since the violation has not yet been <br />abated. <br />c:\wp51\1r1124b <br />