ENFORCE31639 - Laserfiche WebLink

Home Browse Search

Proposed Civil Penalty Assessment Seneca Coal Company /The Seneca If-W Mine DMG Permit No. C-1982-057 / NOV CV-2005003 Apri18, 2005 Reviewed: DMG Inspection Report (3/9/05); DMG NOV (3/10/05); DMG NOV Modification Notice (3/11/OS). The permittee did not submit comments pertaining to the NOV. History [Rule 5.04.5(3)(a)]: No NOVs have been issued at this mine during the 12 months preceding the issuance of this NOV. The History component is therefore proposed to beset at $0. Seriousness [Rule 5.04.5(3)(b)): The Seriousness component of a proposed assessment may range from $0 to $1750. The amount proposed depends upon whether the violation was one of performance requirements or one of administrative requirements. This NOV was written for a violation of administrative requirements. In the case of a violation of administrative requirements, the amount to be assessed for Seriousness depends upon the degree to which enforcement was obstructed by the violation. The permittee's failure to promptly provide accurate certified construction and inspection reports of the Pond 016/016A system made it difficult to determine with certainty that the system was constructed per Division-approved designs. Had the reports demonstrated that the system was not built in accordance with Division-approved designs, the Division might have taken enforcement action against the permittee for its failure to build [he Pond 016/016A system as approved. Because enforcement was somewhat obstructed, Seriousness is deemed moderate. The Seriousness component of this assessment is therefore proposed to beset at $500. Fault [Rule 5.04.5(3)(c)]: The fault component of a proposed civil penalty assessment may range from $0 to $1500. Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations that were the result of "negligence" may range from $250 to $750. Assessments for violations that resulted from "intentional conduct" may range from $750 to $1500. There seem io be no mitigating reasons as to why the Pond 016 "as-built" submitted with TR-40 in 2001 was inaccurate, why the 2004 Annual Impoundment Certification Report submitted in 2004 was inaccurate, and why a certified "as-built" of the Pond 016/OI6A system has yet to be submitted over 18 months since Pond 016A was bulk. Fault appears highly negligent. The Fault component is therefore proposed to be set at $750. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: This NOV has not yet been abated. Good faith credit is therefore not proposed at this time. The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1250.