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JUSTIFICATION FOR <br />PROPOSED SETTLEMENT AGREEMENT <br />FOR <br />YAMPA COAL COMPANY <br />NOV C-85-064 <br />Facts of Violation <br />Some discussion occurred regarding whether or not a violation occurred. It <br />was agreed that, although a spillway may in fact may have been in place, the <br />spillway definitely was not constructed in accordance with the design in the <br />approved permit, and therefore a violation did exist. <br />Civil Penalty <br />The Division staff proposed a civil penalty as follows: <br />History $ 50.00 <br />Seriousness 250.00 <br />Fault 500.00 <br />Total $800.00 <br />The permittee presented evidence that, although the spillway for the sediment <br />pond was not constructed as approved in the plan, a spillway did exist which <br />would in fact pass the required flow of water. Based on this, I am reducing <br />the seriousness component from $250.00 to $00.00 because the environmental <br />consequences are insignificant. I concur with the staff's proposal of $500.00 <br />for fault and the justification for that amount. <br />The total civil penalty proposed in the settlement agreement therefore is: <br />History $ 50.00 <br />Seriousness 00.00 <br />Fault 500.00 <br />Good Faith 00.00 <br />Total $550.00 <br />