Laserfiche WebLink
JUSTIFICATION OF SETTLEMENT AGREEMENT <br />NOTICE OF VIOLATION C-92-005 <br />Conference Summary <br />NOV C-92-005 was issued based on the operator's use of a road for "coal <br />transportation that was not approved as a haul road." The NOV was issued on <br />March 26, 1992 by Joe Dudash of the Division. <br />Mr. Dudash explained that he observed coal haulage on a road not approved for <br />such haulage on his inspection of March 26. Ron Thompson of Wyoming Fuels <br />agreed that the incident occurred, and indicated that it had apparently <br />occurred for several days during which he had been on vacation. Mr. Thompson <br />indicated that a new coal storage area had recently been opened up at the <br />mine, and the haul truck operators (Savage Bros. Trucking) had been instructed <br />on the proper route, but had apparently begun using a different, unapproved <br />route during his absence. <br />Fact of Violation <br />The violation was not contested. <br />Proposed Penalty Assessment <br />History: 5 0 .00 <br />Seriousness: 750 .00 <br />Fault: 750 .00 <br />Good Faith: 0. 00 <br />Total <br />Seriousness <br />There was no evidence of coal spillage, drainage disruption or other <br />environmental damage. The road in question is a private road used only to <br />provide access from the Savage Brothers shop area to the coal permit area, and <br />is contained entirely within a disturbed, industrial use area. I believe the <br />potential for any environmental or public safety hazard to be low, and <br />therefore propose that the penalty amount for seriousness be reduced from <br />5750.00 to 5250.00. <br />Fault <br />A high degree of negligence was demonstrated by the truck operators in using <br />the unauthorized haulage route. Mr. Thompson indicates that the truck drivers <br />were instructed in the proper route, but the permittee is responsible for the <br />actions of any employees or contractors. I concur with the assessment of <br />5750.00 for fault. <br />