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<br />Proposed Civil Penalty Assessment <br />Western Fuels-Utah <br />NOV C-93-O10 <br />Permit No. C-S1-018 <br />A <br />B <br />C <br />D <br />E <br />History <br />The record indicates one Notice of Violation (NOV) issued $ 50.00 <br />to Western Fuels. The NOV is numbered C-92-012, issued <br />7/2/92 and it was upheld. <br />Seriousness <br />The discharge of water documented in NOV <br />in the deposition of coal fines offsite. <br />visible in aerial photographs of Scullion <br />confluence with the White River. Offsite <br />been documented, and these impacts appear <br />severe nature. <br />:-93-010 resulted $1.750.OC <br />These fines are <br />Gulch at its <br />impacts have <br />to be of a <br />Fault <br />The information available to date, indicates that mire crews $1,500.00 <br />intentionally opened the pond gate to lower the pond water <br />level. It also appears that this was done without obtaining <br />an NFDES sample for the discharge. This incident indicates a <br />gross disregard for environmental compliance. All mine crews <br />responsible for maintenance of discharge structures must be <br />well educated in the regulatory requirements for the site. <br />It is the operator's responsibility to ensure that any <br />necessary education and personnel monitoring is implemented <br />to ensure ground compliance. <br />the pond gate was apparently opened intentionally; resulting <br />in severe offsite impacts. This incident could and should <br />have been avoided. <br />udys <br />There is only evidence of one day of violation. <br />Good Faith <br />No evidence exists to indicate "Good Faith" credit at <br />this time. <br />Total Proposed Penalty $3.300.00 <br />