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JUSTIFICATION FOR PROPOSED SETTLEMENT AGREEMENT <br />FOR <br />NOTICE OF VIOLATION (NOV) C-85-004, WYOMING FUEL COMPANY <br />~• <br />The fact of the violation was not contested at the assessment conference. <br />Civil penalty was proposed by Division staff as follows: <br />History $ 50.00 <br />Seriousness 250.00 <br />Fault 500.00 <br />TOTAL 0 .0 <br />Seriousness <br />I concur with the seriousness component as proposed by the Division and the <br />rationale for that amount. <br />Fault <br />A convincing argument was made by the operator that given the circumstances <br />regarding the coal wash plant that the operator behaved in a prudent manner. <br />Environmental consequences were minimized by discharging into a sediment pond; <br />it was done at a time of year when other runoff was minimal; and the operator <br />was looking after the health, safety and welfare of the employees. Thus, I am <br />reducing fault to a minimum of negligence. <br />Summar <br />The total proposed civil penalty then is as follows: <br />History $ 50.00 <br />Seriousness 250.00 <br />Fault 250.00 <br />TOTAL 550.00 <br />