ENFORCE36446

• Permit No: C1981048
• IBM Index Class Name: Enforcement
• Doc Name: FINDINGS OF FACT DECISION & ORDER
• Violation No.: CV0000000
• Media Type: D
• Archive: No

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The seriousness component is based on the fact that failure to revise the mine
plan and maps in accordance with the actual mining at the site makes it
impossible for the Division staff to enforce the permit. The permit document
is the common understanding as to what will be on-the-ground at any time and
is the basis for all inspections and enforcement. The failure to follow that
plan prevents the Division staff from carrying out the inspection and
enforcement program as required by statute. The fault component of $750.00 is
at the highest level allowed for negligence. Information presented at the
settlement conference indicated that this was not a result of reckless,
intentional conduct. It is, however, at the highest end of negligence. TBM
must revise their permit document as needed and follow that permit or revise
as necessary in the future.
Justification for Sett
nc.
Trinidad Basin Mining
This violation was written for failure to control all disturbed areas with
sediment control systems. The area in question largely involves lands
voluntarily reclaimed by TBM, but also includes a small area of disturbance
related to their active mining and haul road system. The civil penalty
proposed was; history $100.00, seriousness $656.00 and fault $750.00, for a
total of $1,506.00. Because the majority of the area in question was
disturbed as a result of the voluntary reclamation of pre-law disturbances, I
am proposing a reduction in the civil penalty reflecting the areas disturbed
for their active mining. The operator should have either actively controlled
the sediment from those areas or pursued necessary permit revisions to obtain
a small area exemption, if the areas are eligible for such an exemption.
thus, I am proposing a civil penalty as follows.
History $ 100.00
Seriousness $ 250.00
Fault $ 250.00
Total 600.00
Doc. No. 1240