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After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />~lsl4ry <br />No penalty is appropriate for history. <br />Seriousness <br />After considerable discussion, I feel that the level of seriousness in this instance should be set at <br />the very low end and that $250.00 would be appropriate. The Division and the operator were in <br />contact before and during construction, compaction was apparently achieved, the operators <br />engineer was on site, and overall proper construction techniques were being utilized. A violation <br />still exists due to failure to perform compaction testing during initial construction of the refuse <br />pile and the incorporation of subsoil without prior approval from the Division. <br />Fault <br />I concur that the level of fault was that of negligence however a mid range of fault, $500.00 is <br />more appropriate. The company had hired an engineer to be on site and oversee the construction <br />of the refuse pile. <br />Number of Days Penally Assessed <br />I concur with 1 day. <br />Good Faith. <br />I concur with 0 good faith. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $250.00 <br />Fault $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty for NOV CV-99-004 $750.00 <br />