ENFORCE31910

• Permit No: C1981014
• IBM Index Class Name: Enforcement
• Doc Date: 5/23/2002
• Doc Name: Proposed Penalty
• From: DMG
• To: Energy Fuels Coal Inc.
• Violation No.: CV2002007
• Media Type: D
• Archive: No

Proposed Civil Penalty Assessment
Energy Fuels Coal, Inc/ The Southfield Mine
NOV CV-2002-007
May 23,2002
Materials reviewed: DMG Inspection Form (4/23/02); NOV Form (4/23/02); NOV Modification Form
(5/13/02); NOV Abatement Form (5/17/02); DMG Mid-Term Review (2/21/02); DMG Permit Map
designated "Drawing No. 4.03.HB-1"(10/08/80); 11 color copies ofDMG photos; Memo to NOV file from
DMG Coal Program Supervisor David Berry (5/15/02); Memo to Jim Stark from Jerry Nettleton (5/16/02);
and Memo [o Dan Hernandez from Jim Stark (5/23/02),
History [Rule 5.04.5(3)(a)]:
No NOVs have been issued to this permittee within the twelve months preceding the issuance date
of this NOV. The History component is therefore proposed to be set at $0.
Seriousness [Rule 5.04.5(3)(6)]:
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 of
administrative requirements. This NOV was written for a violation of performance requirements
In the case of a violation of performance requirements, the amount [o be assessed for Seriousness
depends upon (1) [he probability of the occurtence of the event which a violated standard is
designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of
area and impact on the public or environment.
(1) The standards pertaining to light use road constmction are designed to control or prevent
erosion and siltation, air and water pollution, and damage to private and public property. A
small potential for erosion and siltation appears to exist.
(2) The amount of actual and potential impact upon the environment appears small.
The Seriousness component of this assessment is therefore proposed to be set at $250.
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 [o $1500.
DMG had asked the permittee in the DMG Mid-Term Review of 2/21 /02 questions regarding the
access to the topsoil pile. While the permittee had not revised its permit to include the road in its
disturbed area before grading [he road, it is apparent from the Coal Program Supervisor's memo
that some miscommunication between the permi[tee and DMG may have led the permi[tee to
believe its activity was allowed. It appears, therefore, that this violation was the result of a low
degree of negligence.
The Fault component is therefore proposed to be set at $250.
Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]:
The NOV has yet to be terminated. Good Faith credit is therefore not proposed at this time.
The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $500.