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Settlement Agreement Justification for NOV C-99-002 <br />page 2 <br />off site. However, the specific requirements of Rttle 5.04.5(3)(d) are relatively demanding. This <br />rule requires that the recipient of the violation "take extraordinary measures to abate the <br />violation" and that violation be abated in the shortest possible time, prior to the expiration of the <br />abatement deadline. WFC's actions have been proactive and prudent. However, I do not believe <br />that these actions meet the test imposed by Rule 5.04.5(3)(d) in that they were not extraordinary. <br />As a result of the above proposed adjustments to the various components of the assessment, I <br />propose that the total penalty assessment be reduced from $1,500 to $750. As such, under Rule <br />5.04.3(4)(c), this proposed settlement agreement must be approved in writing by the <br />Administrator. <br />