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<br />EXPLANATION PROPOSED PENALTY FOR NOV C-90-056 <br />A. History The mine has been issued 3 NOV's in the preceding 12 months that <br />have completed administrative review. Each is assessed at 550.00. Total <br />assessment for history is 5150.00. <br />B. Seriousness The mine is in temporary cessation and the non-coal waste in <br />question consisted of one piece of plywood. The plywood was within the permit <br />area. No other waste material was noted and no offsite impact of the <br />violation occurred. Asa result, the serousness of the violation is <br />considered insignificant and assessed at 50.00. <br />C. Fault The operator had been warned, as a result of previous inspections, <br />to pick up all non-coal waste on the site and to store or dispose of it <br />properly. Reportedly, the operator has claimed that efforts were made to do <br />this but the material in question was simply missed. Nevertheless, the <br />operator is considered to be negligent for not properly storing or disposing <br />of all non-coal waste material. Given the amount of material involved, <br />however, the degree of negligence is considered low. Assessment for fault is <br />5250.00 <br />D. Days The penalty is assessed for one day. <br />E. Good faith The operator has reported the violation to be abated. The <br />division as not inspected the site and confirmed this. Consequently, no <br />reduction for good faith is proposed. <br />ddh <br />1824E <br />