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Justification for Proposed Settlement Agreement <br />for Cessation Order C-84-168, Trinidad Basin Mining, Inc. <br />The facts of the violation were not contested at the assessment <br />conference. Agruments were submitted which would reduce the history, <br />seriousness or fault components which were proposed at $500.00, $1,250.00 <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 />The abatement period for all the repair work on the sediment ponds was <br />four working days, which given the amount of on-the-ground work that had <br />to be accomplished, was an extremely short time. Not only did the <br />company succeed in accomplishing all of the work in that timeframe, but <br />in addition extra safety measures were built into all of the <br />impoundments. Dewatering pipes were placed properly in all of the <br />impoundments and certification by an engineer was accomplished. Due to <br />these extraordinary efforts and the high quality of the work I am <br />proposing an increase in good faith reduction from $250.00 to $750.00. <br />The total civil penalty then is proposed at $2,500.00. <br />