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abatement to the Division by hand. The legal date of service was the date when the operator <br />received the NOV via certified mail, August 12, 1997. Thus, the NOV was terminated prior to <br />the legal date of service. The dates which are relevant to assessment of a civil penalty for more <br />than one day are the date of issuance (August 8, 1997) and the date of abatement (August 11, <br />1997). <br />Based on seriousness and fault of the violation, a $2500 civil penalty is being assessed, as <br />discussed above. Based on the extent to which the operator gained potential economic benefit <br />from their failure to comply, this $2500 civil penalty is also being assessed for each of the three <br />days following the date of issuance to the date the NOV was abated. Therefore, a civil penalty of <br />$10,000.00 is proposed. <br />GOOD FAITH <br />The operator asked for consideration of good faith in recognition of the fact that the revision <br />which was required to abate the NOV was prepared over a weekend and hand-delivered to the <br />Division office on Monday, August l 1. In light of the fact that the revision abating the NOV was <br />submitted prior to the day when the NOV was officially served, $500 credit is being awazded for <br />good faith. <br />oszre~a <br />