Laserfiche WebLink
Proposed Civil Penalty Assessment <br />Seneca Coal Company/The Yoast Mine <br />NOV CV-2003-007 <br />August 15, 2003 <br />Materials reviewed: DMG Inspection Form (7/15/03); DMG NOV Form (7/21/03); DMG photographs <br />(8/12/03); Permittee's "Drawing No. 19-1A" (6/28/02). Comments from permittee were not submitted. <br />History [Rule 5.04.5(3)(a)]: <br />One NOV (CV-2003-006) has been issued to this mine within the 12 month period preceding the <br />issuance date (7/21/03) of this NOV. This NOV has yet to exhaust all applicable appeal periods. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. This NOV was written for a violation of performance requirements. <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurrence of the event which a violated standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />azea and impact on the public or environment. <br />(1) Failing to backfill, grade, topsoil and re-seed large disturbed azeas in a timely manner has the <br />potential to create significant wind erosion, water erosion, and off-site sedimentation and <br />water quality problems. The probability of this occumng in this 30-acre azea seems high. <br />(2) The duration of this violation is 7 % months. There appears, however, to have been no actual <br />impact upon the public and environment from this violafion. The potential impact upon the <br />environment seems high. The potential impact upon the public appeazs to be zero. <br />The Seriousness component of this assessment is therefore proposed to be set at $500. <br />Fault [Rule 5.04.5(3)(c)]: <br />The Fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />The permittee's backfilling and grading plan was approved in October 2002. The permittee's <br />failure to comply with the conditions of its permit thus appeazs to have been intentional. <br />The Fault component is therefore proposed to be set a[ $1000. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has not yet been fully abated. <br />Good faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1500. <br />