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. . . <br />Fault <br />The operator is responsible for being aware of permit and regulatory <br />requirements and insuring compliance. The operator's failure in this instance <br />does indicate a lack of reasonable care, but there is evidence to indicate <br />that the operator was proceeding in good faith, under the impression that <br />submittal of subsidence data was not required, based on information from the <br />previous operator and previous interaction with the Division. <br />I recommend that the assessment for fault be reduced from $750.00 to $500.00. <br />Good Faith <br />Good faith has not been demonstrated. <br />Settlement Agreement Civil Penalty Proposal <br />History: <br />Seriousness: <br />Fault: <br />Good Faith: <br />Total Proposed Penalty <br />DTM/bjw <br />5291E <br />$ 0.00 <br />250.00 <br />500.00 <br />0.00 <br />-2- <br />