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- ~` <br />-4- <br />Rule 5.04.5(2)(cl - Fault <br />Fault is divided into three separate units and carries a maximum penalty <br />of $1,500.00. <br />1. If the violation was unavoidable despite the exercise of <br />reasonable care, no assessment for fault will be made. <br />2. If the violation occurred because of negligence, i.e., due to <br />indifference, lack of diligence, or lack of reasonable care, an <br />assessment of at least $250.00, but not more than $750.00, will be made. <br />3. If the violation occurred because of reckless knowing or <br />intentional conduct, an assessment of at least $750.00, but not more than <br />$1,500.00, will be made. <br />In this case, the violation occurred because of negligence and warrants <br />an assessment within Unit 2 listed above. The runoff that caused the <br />breaching of one of the ditches was the result of an abnormal warming <br />trend. The operator intended to institute a maintenance plan in later <br />weeks when spring runoff normally starts. The operator leas handled <br />environmental concerns at the mine in a diligent positive manner in the <br />past and is continuiny this practice. This incident appears to be an <br />accidental oversight. For this reason, the minimwn fault due to <br />negligence was assessed. <br />Fault Total: $250.00 <br />Rule 5.04.5(2)(d) - Good Faith in Achieving Compliance <br />Up to $1,250.00 may be subtracted from the proposed civil penalty <br />assessment if the operator took extraordinary measures to abate the <br />violation in the shortest time possible and within tl~e time fixed for <br />abatement. In this case, as stated in the February inspection report, <br />the operator did an exceptional job of correcting the drainage problems. <br />Each of the drainage control problems identified by the Division <br />inspector on February 16, 1983 were found by the Division inspector to <br />have been corrected on February 17, 1983. The Division feels this action <br />warrants good faith in achieving compliance and proposes to subtract <br />$800.00 from the penalty assessment. This amount is consistent with the <br />assessment for a similar violation in the area. <br />Good Faith Total: -$800.00 <br />Total Penalty Assessed <br />History: <br />Seriousness: <br />Fault: <br />Good Faith: <br />TOTAL ASSESSMENT <br />/mt <br />Uoc. No. 1018 <br />$ 0.00 <br />$815.00 <br />$250.00 <br />1.,125. U0 <br />$800.00 ~~ <br />325.00 <br />