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..„ '{~ ~,a ::~ The Proposed Civil Penalty by the Assessment Officer for NOV CV-2001-004 is: :BSI '' History $00.00 t~ Seriousness $500.00 Fault $500.00 Number of Days Penalty Assessed 1 Good Faith 0 After hearing this testimony and considering the evidence presented, I have come to the following conclusions: History A $0.00 penalty is appropriate for history. Seriousness Given the nature of the problem and the importance of water quality monitoring, I believe that a violation had occurred in that there was some missed water monitoring for the water year 2000, 7 the required quarterly reports were not submitted, and the monitoring well was not fixed during the summer of 2000. The fact that the operator had been performing a more intensive program for surface water monitoring, was keeping the records which were available for the Divisions ~ review and was able to take water quality data from the broken well is grounds to consider this on the very low end of seriousness, therefore, a penalty of $250.00 is more appropriate. Fault I concur with the Assessment Officer that the level of fault was that of negligence, however, since the surface water monitoring requirements currently found in the permit document were confusing to both the operator and the Division a penalty of $250.00 is more appropriate. Number of Davs Penalty Assessed I concur with 1 day. Good Faith. It was noted, by the Divison, that the operator went above and beyond the monitoring requirements required by the permit and by the February 12, 2001 submittal of the excel spreadsheet of water quality data. I believe that significant good faith was shown and that a credit of $200.00 is appropriate. Settlement Agreement Penalty History $0.00 Seriousness $250.00 Fault $250.00 Number of Days Penalty Assessed 1 Good Faith $200.00 Total Penalty for NOV CV-2001-004 $300.00