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<br />with DMG -approved plans when it was apparently no[, i[ can be inferred that a minor obstruction <br />of DMG enforcement has occurred administratively (5.04.5(3)(b)(ii)). "Seriousness" should <br />therefore be considered as something greater than "Low". <br />However, as the regulations are designed to prevent the construction of an unstable pile (among <br />other things), and as the pile, according to the TerraMatrix report, exceeds the 1.5 factor of safety <br />required by Rule 4.10.4(2), the event that the regulations were designed to prevent does not appear <br />to have occurred (5.04.5(3)(b)(I)(A)). It additionally appears that there has been no actual, or <br />potential for, damage to the public or environment (5.04.5(3)(6)(1)(8)). "Seriousness" therefore, <br />should be considered as something less than "Significant". <br />Based on these deterntinations, the assessment component for Seriousness is therefore set at <br />$500.00. <br />Fault (5.04.5(3)(c)~: Assessment: $500.00 <br />(Possible Assessment Ranges: <br />Unavoidable: $0 <br />Negligence: $250 - $750 <br />Intentional: $750 - $1,500) <br />The TerraMa[rix report documents that the waste pile's construction plans (Page 2.05.3-35R and <br />Pages 12-13 of Exhibit 18, both of EFCI's PAP) weren't strictly followed. Further, while EFCI's <br />October 23, 1995 letter to DMG states in Paragraph 4 [hat waste pile inspection reports would <br />from then on include "observations of lift construction in future reports", none did. <br />Based on these findings, it is apparent that these violations occurred as a result of more than a <br />minimal degree of negligence (lack of diligence) on EFCI's part. The assessment component for <br />Fault is therefore set at $500.00 (5.04.5(3)(c)(ii)). <br />4. Good Faith in Achievine Compliance (5.04.5(3)(d)): Reduction: $0.00 <br />(Possible Assessment Reduction Range: $0 - $1,250) <br />The Division may subtract up to $1,250.00 of the penalty assessment when it is demonstrated that: <br />1) the person receiving the NOV took extraordinary measures to abate the violation, <br />2) abatement was achieved in the shortest time possible, and <br />3) abatement was achieved before the expiration of time fixed for abatement in the <br />NOV. <br />While Step 1 of the NOV's 2-step abatement was achieved by the required time, it is not apparent <br />a[ this time that such abatement involved extraordinary measures, or that it was achieved in the <br />shortest time possible. The assessment reduction component for Good Faitlt is therefore set at $0. <br />5. Total Assessment: $1,000.00 <br />M:bss\jrc\cvlpen GA <br />