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August 3, 1994 -3- <br />pursuant to Rule 5.04.5 (3) (c) (iii) , I believe an amount of <br />$750 for "Fault" is appropriate. <br />4. Good Faith in Achieving Compliance (5.04.5 (3l(d)l: $0 <br />Although this NOV was issued on July 13, 1994, and the pond <br />was completed on July 19, 1994 and certified on July 21, 1994, <br />it does not appear, based on the information currently <br />available, that the operator took any extraordinary measures <br />to abate this violation any sooner than the abatement period <br />established in the NOV. As such, a reduction of the total <br />proposed civil penalty assessment does not appear warranted at <br />this time. <br />The Civil Penalty Assessment for this Notice of Violation is <br />therefore proposed as follows: <br />xistory $100 <br />Seriousness $250 <br />Fault $750 <br />Good Faith Reduction $0 <br />Total Proposed Assessment $1100 <br />M:\m~\memo.diL <br />