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<br />NOV C-91-007 <br />American Shield Coal Company <br />A. HISTORY <br />One NOV (C-90-030) was issued during the past twelve months to <br />American Shield. The company's right of review was still in effect <br />one year prior to issuance of NOV C-91-007. $50 is assessed for <br />history. <br />B. SERIOUSNESS <br />This NOV was issued for failure to conduct quarterly sediment <br />pond inspections and submit inspection reports to the Division. No <br />record of pond inspections for the past several years was present. <br />$250 is assessed for low/moderate seriousness. <br />C. FAULT <br />The operator was negligent in not conducting the required <br />inspections. Even though the practice was not pointed out for some <br />time, the operator is responsible for knowing and complying with <br />the regulations. $250 is assessed for negligence. <br />D. GOOD FAITH <br />The operator's representative responded to the Division with <br />a commitment to conduct required inspections on the same day that <br />he was notified, thereby abating the violation. $250 is awarded <br />for good faith. <br />M\WP51\LPR81291 <br />