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Seriousness [Rule 5.04.5(3)(6)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />assessed for Seriousness depends upon whether the permittee failed to comply with an <br />administrative standard or a performance standard. This NOV was written for the permillee's <br />failure to comply with the performance standards of Rule 4.20.1. <br />In the case of a permittee's failure to comply with performance standards, the amount of the <br />Seriousness component is to be further based upon two additional factors: (1) the probability of <br />[he occurrence of the event which the violated standard is designed to prevent, and (2) the duration <br />and extent of the actual or potential damage in terms of area and impact upon the public and the <br />environment. <br />(I) Rule 4.20.1 is designed to prevent material subsidence damage to structures and renewable <br />resource lands. In this case, DMG has determined that material subsidence damage has <br />apparently continued to affect portions of the principal residential structure, garage, water line <br />and pasture belonging to Ann Tatum. The event that the performance standards of Rule <br />4.20.1 are designed to prevent therefore appears to have actually occurred. <br />(2) Based upon the color photographs taken during the inspection of October 25, 2000, upon the <br />October 30, 2000 letter from Ann Tatum to David Berry, and upon the November 1, 2000 <br />DMG inspection report, it appears that material subsidence damage to the Tatum structures <br />and property is extensive. <br />The Seriousness component of this assessment is therefore proposed a[ $1250, the upper end <br />of the "Significant" range on the DMG Civil Penalty Worksheet. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments for "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct' may range from $750 to $1500. <br />Based upon the information provided, it appears that the permit[ee's failure to comply with the <br />performance standards of Rule 4.20.1 was neither intentional nor unavoidable, but the result of <br />negligence. <br />The Fault component of this assessment is therefore proposed at $750, the upper end of the <br />"Negligence" range on the DMG Civil Penalty Worksheet. <br />Permittee's Good Faith Efforts in Achieving Compliance [Rule 5.04.5(3)(d)]; <br />As [his NOV has ye[ to be abated, no reduction of this assessment is proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore proposed at $2000. <br />