ENFORCE35599

• Permit No: C1984062
• IBM Index Class Name: Enforcement
• Doc Date: 7/23/1984
• Doc Name: CIVIL PENALTY ASSESSMENT FOR NOV C-84-124 ENERGY MINE 3 PN 76-16
• From: MLRD
• To: COLORADO YAMPA COAL CO
• Violation No.: CV1984124
• Media Type: D
• Archive: No

Energy No. 3 Permit No. 76-16 July 23, 1984
Rationale of Proposed Civil Penalty
Energy No. 3 Mine
NOV C-84-124
An inspection of the mine was conducted on June 21, 1984. Surface and ground
water monitoring sites were examined during the inspection. One surface water
site and seven ground water monitoring sites were found to be not properly
maintained. Notice of Violation c-84-124 was issued at the time of the
inspection for failure to maintain hydrologic monitoring sites.
The civil penalty was assessed in accordance with the procedures set forth in
Rule 5.04.5.
History of Previous Violations - Rule 5.04.5(2)(a)
This rule requires that $50.00 be assessed for each violation issued within
the previous 12 month period. Two violations were issued during this period.
NOV 83-41 was issued on September 20, 1983 and was abated, effective
December 14, 1983. NOV C-84-081 was issued on May 16, 1984 and is pending
administrative review; therefore, this past violation will not be considered
for purposes of penalty assessment.
History $ 50.00
Seriousness of Violation -Rule 5.04.5(2)(b)
This rule requires up to $1,750.00 to be assessed for seriousness based on
probability of damage occurring, duration of damage, and extent of damage.
Due to failure of maintenance of hydrologic monitoring sites, no actual or
potential damage to the environment should result. However, the observed
condition of the monitoring sites may have caused inaccurate or
misrepresentative hydrologic data collection at these sites. The Division
must rely on data collected and reported by the operator for present and
future permitting purposes and verification of hydrologic effects of mining.
Based on a consideration of the above, a penalty was assessed at fifty percent
of the maximum.
Seriousness $875.00
Fault -Rule 5.04.5(21(c
Fault is divided into three separate units and carries a maximum penalty of
$1, 500.00.
1. If the violation was unavoidable despite the exercise of reasonable
care, no assessment for fault will be made.
2. If the violation occurred because of negligence, i.e., due to
indifference, lack of diligence, or lack of reasonable care, an
assessment of at least $250.00, but not more than $750.00 will be made.