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<br />-2- <br />Rule 5.04.5(2)(c) - Fault <br />Fault is divided into three separate units and carries a maximum penalty of <br />$1,500.00. <br />1. If the violation was unavoidable despite the exercise of reasonable <br />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 assessment of <br />at least $250.00, but not more than $750.00, will be made. <br />3. If the violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least $750.00, but not more than $1,500.00, will <br />be made. <br />It was originally thought that there was an intentional act of improperly <br />disposing of refuse. However, information submitted by Mr. Jones. of Snowmass <br />Coal Co. indicates that the damage may have been caused by snow removal. <br />However, the problem could have been avoided by avoiding mixing of snow and <br />refuse during snow plowing and by not pushing the material over the refuse <br />pile outslope. Therefore, the low end of the negligence category was selected <br />as appropriate under this circumstance. <br />Fault $300.00 <br />Total Penalty Assessed <br />History $ 0.00 <br />Seriousness $400.00 <br />Fault $300.00 <br />TOTAL $700.00 <br />/th <br />Doc. No. 0871 <br />