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.. <br />12. Penalty Assessment Should be Reduced: <br />Except where the act or omission, constituting violation, is <br />deemed willful or grossly_ negligent, the civil penalty should be <br />reduced for good faith effort to comply <br />~~ Magnitude of penalty assessed rests upon requirement to find <br />~allegefl violation willful, as deliberate, or grossly negligent as a <br />/ ~a~_ conscious disregard of a substantial and unjustifiable risk that a <br />,~",I .~n~l~violation will occur. <br />Without restating the arguments heretofore stated with respect <br />to the understanding of Petitioner as to the permitted uses of mill, <br />Petitioner here urges that the act of milling ore, owned by Petitioner <br />Zoes from sources not owned by Gold Hill Ventures Limited Partnership or <br />~ Gold Hill Ventures was not with conscious disregard of a substantial <br />~~"~ ° and unjustifiable risk a violation would occur. <br />Prior to commencement of milling, Petitioner made several <br />rlfnquiries with respect to mill operation as to the scope of the permit. <br />file j On each occasion, Petitioner was informed milling was permitted of <br />"i6j'"'~' ores owned by permittee. At no time was Petitioner informed that <br />D~s,s,~ <br />~~~~ ~ milling was exclusive of all ores except those owned by co-permittee, <br />-~h,S Gold Hill Ventures (Gold Hill Ventures Limited Partnership). <br />Immediately upon receipt of information respecting proposed <br />corrective action, Petitioner/permittee has undertaken to prepare and <br />submit a repermitting application to "split the current permit into two <br />permits -- one for the mine, one for the mill." <br />Promptly upon conclusion of the hearing on March 26, 1992, <br />permittee undertook to fully and completely shut down the mill and to <br />commence placing mill in a standby status pending further clarifica- <br />tion, all in anticipation of issuance of the "Cease and Desist Order" to <br />be issued. <br />In furtherance of the severance of the mill permit from the mine <br />permit, Petitioner/permittee is taking prompt steps to petition for <br />approval from the requisite governmental agencies having jurisdiction <br />beyond that of the MLRB. <br />Petitioner requests Board reconsider magnitude of penalty <br />assessed and find Petitioner has made a good faith effort to comply. <br />Petitioner requests Board, finding act or omission neither willful <br />nor grossly negligent, reduce the civil penalty imposed according to <br />Board's criteria for such amelioriation. <br />12 <br />