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r`. -!~ <br />r <br />r ~ ~ • <br />JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br />NOV C-86-037 <br />NOV C-86-037 was written for "failure to dewater sedimentation pond as <br />required by the permit and regulations so as to prevent outflow of runoff <br />through the emergency spillway". Mr. Mathews explained that water was <br />discharging through the emergency spillway of the Mine No. 3 detention basin <br />at a rate of about 80 gpm. This is in violation of Rule 4.05.6(3)(e) and <br />permit Stipulation No. 8. In response to the stipulation, the operator had <br />agreed to pump the detention basin to dewater the runoff volume of the 10 <br />year/24 hour event within 72 hours. Mr. Mills did not contest the fact of the <br />violation. The proposed civil penalty was: <br />History $ 250.00 <br />Seriousness 250.00 <br />Fault 500.00 <br />Good Faith 0.00 <br />TOTAL ;TDDif.-Q6 <br />History <br />There was no disagreement in this category. <br />Seriousness <br />I agree with the proposed penalty, and it was not contested. <br />Fault <br />Mr. Mills felt this should be lowered to $250.00. He stated there was a <br />communication problem between the people at the mine site and in the office. <br />I feel the proposed penalty is appropriate, the response to the stipulation <br />clearly states the detention basin would be <br />Good Faith <br />pumped when needed. <br />Mr. Mills stated the pump was installed the next day and the problem was <br />corrected. This occurred during snowy and blizzard conditions. Dan Mathews <br />confirmed that he observed the pump out there the next day. I feel good faith <br />is warranted. The abatement was conducted in the shortest time possible under <br />adverse conditions. I propose $250.00 for good faith. <br />Final Civil Penalty <br />History $ 250.00 <br />Seriousness 250.00 <br />~FaUlt 500.00 <br />Good Faith -250.00 <br />T07AL ~75b. Off <br />/dl m <br />1723E <br />