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~~~~ z <br />Mathews, Dan <br />To: Hernandez, Dan <br />Cc: Brown, Sandy <br />Subject: Request for Proposed Civil Penalty Assessments <br />Hi Dan. I recently issued 3 NOVs at Deserado, CV-2002-015 (issued 7/10/02), CV-2002-016 (issued 7I11I02), and CV- <br />2002-017 (issued 7/11/02). I am requesting that you do the proposed civil penalty assessments for the subject violations. <br />15th day was 7/25 and 7/26, respectively. 30th day will be 8/9 and 8/10, respectively. To date, I have received no written <br />comments from the operator for consideration in proposed penalty assessment. <br />The NOV's are available for your review as scanned images on the permit system, as is the inspection report dated <br />7/19/02, which describes the circumstances associated with each NOV. <br />Regarding the history component, there is one NOV issued within the past year. NOV CV-2002-004 was issued on March <br />27, 2002. However, I do not believe it can be included for purposes of the penalty amount, because I did not issue a fixed <br />penalty notice until July 22, 2002. Operator has not yet paid the penalty or filed an appeal, but they have until 8/22/02 to do <br />so, Since the NOV is still potentially subject to administrative appeal, it would appear that the NOV cannot be considered <br />for purposes of penalty assessment (5.03.5(3)(a)(ii)(B)). <br />Let me know if you have any questions <br />Thanks. <br />