ENFORCE33734

• Permit No: C1981014
• IBM Index Class Name: Enforcement
• Doc Date: 12/15/1993
• Doc Name: SIGNED SETTLEMENT AGREEMENT
• Violation No.: CV1993132
• Media Type: D
• Archive: No

SETTLEMENT AGREEMENT JUSTIFICATION
NOV C-93-132
Notice of Violation C-93-132 was issued for "Failure to submit
Annual Hydrologic Report by required date of August i, 1993".
Dan Hernandez issued the NOV to Energy Fuels Coal Inc., on
September 22, 1993 at the Southfield Mine. Shawn Smith,
representing the Division of Minerals and Geology, said the
Annual Hydrologic Report (AHR) had been received on October 21,
1993.
Alan Weaver, representing Energy Fuels Coal Inc., said all the
data required by the AHR was available on September 22, 1993 and
the inspectors reviewed the data. However, due to other
commitments the AHR was not submitted on time. He requested a
reduction in the proposed civil penalty.
The proposed civil penalty was:
History $150.00
Seriousness $750.00
Fault $750.00
Good Faith $0.00
History
NOV C-93-103 was incorrectly assessed for history. It was not
issued to Energy Fuels Coal Inc. $100.00 is assessed.
Seriousness
Mr. Weaver requested a reduction in this component because all
the data was available on site. There was no indication of
impacts. The likelihood of impacts is low based on all their
previous reports. Ms. Smith concurred with his statements.
Based on the information presented, I am reducing seriousness to
$250.00.
ault
Mr. Weaver felt the fault was too high. There were many other
things going on at the mine that took precedence to submitting
the AHR. Ms. Smith stated that she had reminded the operator on
several occasions of the need to submit the AHR.
i will uphold the fault component. The operator was negligent in
not submitting the available data and information.
Good Faith
The NOV was terminated on October 22, 1993. No evidence was
submitted of an extraordinary effort or that it was the shortest
time possible to abate the NOV.
Settlement Agreement Penalty Proposed $1100.00