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NOV C-91-030 <br />Southfield Mine <br />Failure to design and construct sed pond emergency spillways in <br />compliance with regulations. <br />HISTORY: No violations in the past 12 months. <br />SERIOUSNESS: The pond in question has a spillway system in place <br />which has functioned without problem in the past. There is little <br />likelihood that the existing system would fail and, if it did, off- <br />site damage would be limited. Therefore, I feel this violation is <br />insignificant in its seriousness. <br />FAULT: The operator was negligent in not submitting a permit <br />revision application to the Division after being notified of the <br />need to do so in May, 1991. At that time, the Division informed <br />the operator that a change in the regulations required modified <br />spillway designs and that those changes needed to be implemented by <br />September 1, 1991. A permit revision application was not received <br />by the Division until after that date. <br />GOOD FAITH: Good faith is not applicable since the violation has <br />not yet been abated. <br />c:\wp51\lpr\1r25b <br />