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Mr. Michael Altavilla and Mr. Brad Brown of Seneca Coal Company discussed the problems <br />encountered with dealing with the results of extreme precipitation events that caused the Pond <br />006 to fill with sediment to within 1 foot of the principal spillway. The company tried pumping <br />and digging sumps with no success due to the liquid nature of the saturated sediment. In an <br />attempt to dewater the pond, the company installed two rows of sediment fence down stream <br />from the dam and then cut the dam to a level approximately 1 foot below the principal spillway. <br />Seneca felt that cutting the dam was the only alternative available to bring the pond into <br />compliance and that this activity was necessary to minimize disturbance to the hydrologic <br />balance. Seneca recorded the work activities including the amount of water discharged and the <br />quality of that water. <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />Histo <br />I concur with the penalty. <br />Seriousness <br />I concur that the violation is severe in that a lazge amount of water that exceeded the limitations <br />was discharged from the pond. All of the violations listed above did occur as stated. I propose <br />no change in the civil penalty for seriousness. <br />Fault <br />I do not concur that Seneca Coal Company intentionally violated the law. I believe that given all <br />of the problems with storm events, sedimentation problems, technical operational problems, <br />equipment breakdowns, etc. the company did believe that the cutting of the embankment was the <br />best approach to facilitate bringing the pond into compliance with the law. I propose that it is <br />more appropriate to consider fault at the high end of negligence. <br />Number of Days Penalt~Assessed <br />I concur with the number of days. <br />Good Faith. <br />I concur that a good faith credit is not appropriate. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $1,500.00 <br />Fault $750.00 <br />Number of Days Penalty Assessed I <br />Good Faith $0.00 <br />Total Penalty for NOV CV-97-023 $2,250.00 <br />