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` .} <br />operator that not following the approved construction plan for the <br />refuse pile could potentially have been serious and did not warrant <br />a reduction in penalty: <br />Fault <br />I concur that the violation was a mid level of negligence and that <br />the $500.00 civil penalty is appropriate. I expressed concern that <br />required materials were not submitted to the staff in a timely <br />fashion and indicated that I might increase the amount of the civil <br />penalty for fault to $750.00. Additional testimony from the staff <br />and operator convinced me to leave the penalty amount at $500.00. <br />Good Faith <br />No good faith is warranted. <br />Settlement Agreement Penalty <br />History $ 0.00 <br />Seriousness (Administrative) $ 500.00 <br />Fault (Negligence) $ 500.00 <br />Good Faith $ 0.00 <br />Number of Days Penalty Assessed 1 <br />Total Penalty for NOV CV-97-002 $ 1000.00 <br />James B. McArdle <br />~ ~ ~;_~~ <br />Conference Officer <br />