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Fault ' <br />I agree with the proposed amount of penalty for fault. The <br />potential for a non-compliant discharge to occur from the subject <br />outfall was previously recognized. Although the company was <br />discussing different treatment technologies, few additional <br />mitigating measures were undertaken. At the least, an increased, <br />more formally documented observation of the mine water discharge <br />during coal production may have been implemAnted. <br />Good Faith <br />No Good Faith reduction was proposed by either the Company or the <br />Division. None is recommended. <br />Settlement Agreement Penalty <br />History $100 <br />Seriousness $750 <br />Fault $750 <br />Good Faith $0 <br />Total $1,600 <br />C:\wp51\pwdrnov <br />