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'~- Twentymile Coal Company NOV-C V-2001-004 Proposed Civil Penalry History Twentymile Coal Company (TCC) has had no violations in the past twelve months. Seriousness There aze two separate issues here. First, a ground water well was not maintained and therefore no data could be obtained from that well. Second, TCC was supposed to sample water quality to determine impacts to the surface water according to a schedule in the permit. The permitted monitoring schedule was not followed. The NOV identifies fourteen surface water sites where water quality samples were collected on calendar quarters instead of the "quarterly" basis identified in the permit -four samples from Mazch through September. Additionally field data was not collected at two other sites. In both cases, the required water quality monitoring data was not collected according to the permitted plan, and it is unknown whether or not damage occurred. This is considered an administrative violation. The extent to which enforcement was obstructed by this violation is considered moderate. The proposed penalty for seriousness is $500.00. Fault The wording in the permit is confusing, the term quarterly is used in two different contexts within the same table. The monitoring frequency column states quarterly sampling is required at the surface sites in question and a footnote in the comments column requires a conflicting schedule. The ntunber of samples is not in question, it is the schedule that is questionable. Sulfate and Field EC data were to be collected at two sites. Again, the timing is uncleaz in the permit. The ground water well had been gone unrepaired for at least a year and a half. This NOV represents a lack of diligence and a lack of reasonable care to clarifying permit requirements and a lack of diligence in repairing the well. $500.00 is proposed for fault. Good Faith The NOV has not been abated and no reduction for good faith is proposed.