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16 V. ,, UU ,~~. ~... vv +. <br />.:~ <br />Illllllllllllll~~ll ~ ~~~-.~.;_~ <br />sss AU6 2 9 1994 <br />NOTICE OF POTENTIAT. LIABILITY FOR AN INDIVIDUAL CIVIi PENALTY <br />ASSESSMENT UNDER SECTION 518(F) 0£ TBE SURFACE MIMI~7G CONTROL <br />AND RECLAMATION ACT OF 1977, 30 U.S.C. 1268(f) <br />James T. Cooper Vice President, Operations <br />Name of Corporate official Title of Corporate Official <br />Rerr Coal Companv CO 94-O20-Z50-OI <br />Name of Corporate Permittee Citation Number <br />C-80-006 <br />Permit Number <br />As Vice President, Operations, of the above-referenced <br />corporate permittee, you are hereby notified that the <br />corporation has been issued Cessation order (CO) 2do. <br />94-020-250-02, a copy of which is attached. The CO caas issued <br />for failure to abate violation(s) No. 01 0~ Notice of <br />Violation No. 94-020-352-03 issued on MaV 25, 1994. <br />The Office of Surface Mining Reclamation and Enforcement <br />(OSM), pursuant to Section 518(f) of the surface Mining <br />Control and Reclamation Act of 1977 (SMCRA), <br />30 U.S.C. 1268(f), may assess an Individual Civil Penalty <br />(ICP) against a director, officer, or agent of a corporate <br />permittee which has violated a condition of its permit or <br />fails or refuses to comply with a cessation order. <br />Section 5I8(f), in pertinent part, provides that: <br />[A]ny director, officer, or agent of such <br />corporation who willfully and knowingly <br />authorized, ordered, or carried out such <br />violation, failure, or refusal shall be <br />subject to the same civil penalties that may <br />be imposed upon a person under [Section <br />518(a)]. . <br />You will be subject to assessment of an Individual Civil <br />Penalty if you willfully and knowingly fail or refuse to take <br />all reasonable steps within your authority to bring about <br />abatement of the violation(s) contained in the cessation order <br />within 30 days after the issuance of the cessation order. <br />This notice is being sent to you because, in your position as <br />vice President, Operations, of the corporate permittee, OSM <br />considers you to possess the legal authority to bring about <br />abatement of the violation(s) described in this cessation <br />order. Por any violation cited in the cessation order that is <br />not abated within the time prescribed above, you :tay submit, <br />for OSM's co:siceration, -Hzitten documentat'_on =`st describes <br />•u vu .. .rv..e a.~ u., y. <br />