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<br />this leak was neither contained or within a bermed area. <br />The proposed civil penalty was: <br />History $50.00 <br />Seriousness $500.00 <br />Fault $500.00 <br />Good Faith $0.00 <br />Total $1000.00 <br />Seriousness <br />Based on the information presented in the conference I am <br />proposing to reduce this component to $0.00. It was very unlikely <br />the fluid would have reached the sediment pond and discharged <br />offsite. The pond rarely discharges. Topsoil in the equipment <br />storage area had been salvaged and the area was covered with <br />gravel essentially eliminating topsoil contamination concerns. <br />Contamination of ground water is not likely, because it is far <br />below the surface. Furthermore, the abatement plan, developed in <br />conjunction with the San Juan Basin Health Department, <br />recommended spreading the fluid on the roads. I do not feel any <br />damage occurred as a result of this spill. <br />Fau t <br />The justification for the proposed penalty was that, "disposal or <br />spilling of large amounts of hydraulic fluids/oils is considered <br />to be moderately negligent." No one was certain how long the <br />spill had been in place, but it appeared to have occurred when <br />the tractor was being repaired. If this is the case, the <br />operator should have taken care to clean up the spill <br />immediately. I agree with the proposed penalty. <br />Good Faith <br />The operator immediately began developing an abatement plan to <br />remove the fluid in compliance with all applicable requirements. <br />To develop their plan they began by contacting the EPA and the <br />Colorado Department of Health. Ultimately they worked with the <br />San Juan Basin Health Department to ensure the fluids were <br />properly handled. The contractor working with the operator <br />contacted Mr. Gillis several times to develop an acceptable <br />abatement. The plan was approved and the spill cleaned up by May <br />7, 1993. I believe a good faith reduction is warranted. The <br />operator took extraordinary effort in the development of the plan <br />and had the spill cleaned up in the shortest time possible, the <br />day after the plan was submitted and approved. i am proposing a <br />$250.00 reduction. <br />Proposed Settlement Agreement Penalty $250.00 <br />