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1 <br />• • <br />Justification for the Proposed Settlement Agreement <br />for fJ.O.V. 83-32 <br />During the Assessment Conference, the facts of the violation were not <br />contested. The Division staff proposed a civil penalty as follows: <br />History - $0.00 <br />Seriousness - $200.00 <br />Fault - $500.00 <br />Based on the facts presented at the Asses sinent Conference, I affirm this civil <br />penalty as appropriate as proposed by the Division staff. The operator was <br />given substantial time to resolve the difficulties with sediment control at <br />the Ludlow loadout prior to the issuance of the Notice of Violation. The <br />company chose for their own reasons to delay completion of a necessary survey <br />to make adequate the Cechnical revision submittal regarding the sediment <br />control system at the loadout. Tnis delay from June of 1983 to November of <br />1983 caused the violation to be written and supports the Division's proposed <br />level of civil penalty for Fault. <br />The Seriousness component is appropriately justified in the Dece~noer 28, 1993 <br />memo from Mike Savage. <br />The proposed total civil penalty is, therefore, $TUU.00. <br />fmt <br />Doc. No. 8746 <br />