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<br />seriousness. He did not have the results of the water analysis, <br />demonstrating compliance with TSS standard, at the time of <br />assessment. Based on the fact that the water was in compliance, <br />I do not believe the damage was severe. I am proposing to reduce <br />the penalty to $1250.00 which represents significant damage. <br />au t <br />The maximum penalty of $1500.00 was proposed for intentional <br />conduct. By his own admission, the operator did open the Pond 3 <br />valve to discharge mine water. However, the water appeared to be <br />in compliance at the time the valve was opened, and the operator <br />felt there had been sufficient settling time. He intended to <br />close the valve shortly after it was opened, but he was <br />distracted by the inspection at the mine site. I am proposing to <br />reduce the fault component to $1000.00. <br />Number of Days penalty Assessed <br />The number of days was not contested. <br />Good Faith <br />Good faith is not applicable, because the violation continued <br />unabated after the abatement deadline. <br />Settlement Agreement Penalty Proposed $3800.00 <br />