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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Justification for the Proposed Settlement Agreement
for ;I.O.V. 83-31
At the Assessment Conference, the fact of a violation was not contested.
There was, however, considerable discussion concerning mitigating factors
which bear on the question of the amount of civil penalty. Division staff
proposed a civil penalty as follows:
History - $0.00
Seriousness - $200.OU
Fault - $500.00
Division staff also suggested that a good faith reduction would be appropriate
in this case. Based on the evidence presented at the Assessment Conference, I
am proposing that the History and Seriousness components remain as proposed by
the Division staff at $0.00 and $200.00, respectively, for the reasons
outlined in the memo from "4ike Savage, dated December 23, 1983.
There was considerable discussion regarding the Fault component. It is my
determination that the Fault component snould be reduced to the minimum
allowable in the negligence category, or $250.00, based on the following.
The only failing in this case was that T8t4 did not submit the
certification as required for sediment pond 15-P19. The certification
actually took place in February of 1983. In a submittal by the company
at approximately that time, several other certifications were submitted
to the Division. Due to clerical error, the certification of the pond
in question was omitted from that submission. Since the substantive act
of the certification had occurred, the Fault component must be reduced
to a minimum level within the negligence category for failure to
complete the paperwork. There was negligence, however, since T8M had
been notified of the problem in early October and failed to correct it
in a timely manner.
The violation was issued on November Z2, 1983. On November 23, 1983, prior to
the company even receiving the Notice, the Division received the
certification. This extremely rapid resolution of the proolem deserves a good
faith reduction of $300.00.
The total proposed civil penalty, tnerefore, is ~150.OU.