Laserfiche WebLink
Justification for Proposed Settlement Agreement <br />for Cessation Order C-84-167, Trinidad Basin Mining, Inc. <br />The facts of the violation were not contested at the assessment <br />conference. Agruments were presented which would reduce the history, <br />seriousness or fault components which were proposed at $500.00, $1,750.00 <br />and $1,500.00 respectively. Evidence and discussion was presented <br />regarding a good faith reduction, however. A $250.00 reduction was <br />proposed by the Division staff. <br />After being notified of the problem at approximately 4:00 p.m. in the <br />afternoon Trinidad Basin Mining arranged for a licensed individual to <br />remove remaining explosives from the site. This individual was at the <br />site at approximately midnight removing all that he could find. In <br />addition, Trinidad Basin Mining, Inc. called an MSHA representative to go <br />to the site in the morning to ensure that it was accomplished. The <br />individual from MSHA completed the removal by 8:00 a.m. in the morning <br />(there were several small items left). The deadline for the abatement <br />was 5:00 p.m. Because of this extraordinary effort and timeliness, I am <br />increasing the good faith component to $750.00, which results in a total <br />civil penalty of $3,000.00. <br />