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~._ <br />-. <br />.- <br /> <br />-2- <br />History <br />Records indicate that one violation had been issued to American Shield in the <br />previous 12 months. It was evidently an oversight that $50.00 was not <br />assessed for History in the Notice of Proposed Amount of Civil penalty. <br />Seriousness <br />I propose to reduce the seriousness component to $0.00. The sediment pond at <br />Fruita has rarely discharged and has no history of problems. Pond inspections <br />were performed once in 1990 and once in 1991. An annual inspection and <br />reporting frequency has subsequently been approved by the Division. Based on <br />the above, I conclude that the potential for environmental damage as a result <br />of the operator's failure to perform quarterly inspections was insignificant. <br />Fault <br />I concur with the proposed assessment of $250.00 for fault. The operator was <br />negligent in failing to comply with the regulatory requirement to inspect <br />sediment ponds and Submit reports on a quarterly basis. Given the permitting <br />status of the operation and the operator's reliance on the agreed upon <br />reclamation plan, the failure reflects a low degree of negligence. <br />Gnnri Faith <br />The proposed assessment included $250.00 for good faith, based on the <br />operator's rapid compliance in abating the violation. I concur with this <br />assessment, as the violation was abated on the day of the violation. <br />Final Civil Penalty <br />History $50. 00 <br />Seriousness $0. 00 <br />Fault $250. 00 <br />Good Fa1th -$250. 00 <br />Total $50.00 <br />DTM/yjb <br />8133E <br />