ENFORCE31398 - Laserfiche WebLink

Home Browse Search

Memo - Permit No. C-81-019 - 3 - July 7, 1993 C. FAULT (Rule 5.04.5(3)(c)> $750.00 Determination of fault is based upon the degree the person to whom the NOV is issued caused, or failed to correct, the violation, condition, or practice which led to the issuance of the NOV, either through act or omission. It is apparent at this time that the operator implemented the practice of bulldozing slots in stockpiled topsoil, in an effort to route surface water from above topsoil around the piles, prior to the May 5, 1993 inspection. This is documented in the operator's comments of May 20, 1993. This practice led to the violation of placing topsoil excavated from these slots out onto undisturbed areas below the stockpiled area. This practice also led to the condition that allowed surface water to pass through these slots in a manner erosive enough to transport topsoil downhill from the piles. While this practice had apparently been conducted by the operator in the past without erosive losses, the operator admits the cutouts in this instance had not been fully completed when the erosion began to occur. It is apparent from written comments dated June 1, 1993 provided by DMG personnel that during the review of PR-O1 last fall, the Division made the operator aware of the Division's concern with adverse hydrologic consequences potentially resulting from the location of windrowed topsoil on the hillside where this violation occurred. As such, it is apparent the operator knew months in advance of this potential problem. Therefore, because this violation appears to have been avoidable, because the Division had warned the operator of this potential problem, and because the operator failed to correctly construct the dozer slots as it had done before, fault is set at the high end of negligence due a lack of reasonable care, and assessed an amount of $750.00. D. NUMBER OF DAYS PENALTY ASSESSED (Rule 5.04.6) $0 No separate civil penalty for each day that this violation occurred is proposed at this time. E. GOOD FAITH IN ACHIEVING COMPLIANCE (Rule 5.04.5(3)(d)) $0 Reductions in proposed total amounts of civil penalties are granted when all of the following occur: 1) the person issued the NOV took extraordinary measures to abate the violation, 2) abatement was achieved in the shortest time possible, and 3) abatement was achieved before the expiration of the time fixed for abatement in the notice, order, or any modification thereof.