2001-07-16_ENFORCEMENT - C1982057

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 7/16/2001
• Doc Name: SALES RECEIPT
• Violation No.: CV2001012
• Media Type: D
• Archive: No

JUN 2 7 REUB
Proposed Civil Penalty Assessment
Seneca Coal Company/The Seneca 11-W Mine
NOV CV-01-012
Materials reviewed in conjunction with the preparation of this proposed assessment were: DMG inspection
report dated 5/30/01, DMG NOV CV-2001-012 form; 12 DMG photographs; letter from permittee dated
5/31/01;DMG NOV Modification Notice dated 6/19/01.
History [Rule 5.04.5(3)(a)]:
Two NOVs have been issued at this mine within the year preceding the issue date of this NOV.
CV-2000-007 is no longer subject to administrative appeal. CV-2001-002 has yet to be terminated
and therefore remains eligible for administrative appeal in accordance with Rule 5.03.5(1)(a).
The History component of this assessment is therefore proposed at$50.
Seriousness [Rule 9.04.5(3)(b)]:
The Seriousness component of a proposed assessment may range from$0 to$1750. The amount
assessed is based upon whether the permittee failed to comply with a performance standard or an
administrative standard. This NOV was written for a violation of performance standards
In the case of a permittee's failure to comply with a performance standard, the amount of the
Seriousness component is to be further based upon two additional factors: (I)the probability of
the occurrence of the event which the violated standard is designed to prevent,and(2)the duration
and extent of the actual or potential damage in terms of area and impact upon the public and the
environment.
(1) In this case, events that the cited performance standards are designed to prevent did in fact
occur. Topsoil was not salvaged from areas upon which spoil was deposited,sediment was
not retained within disturbed areas, and the approved buffer zone was not adhered to.
(2) The duration of the events associated with this NOV is unknown. The extent of the area
within which the violation occurred appears to be approximately 1/2 acre. There does not
appear to have been any impact upon the public.
The Seriousness component of this proposed penally assessment is therefore set at$750.
—Fault [Rule 5.04.5(3)(r)1;_
The fault component of a 'proposed assessment may range from$0 to$1500. Assessments for
unavoidable violations may range from$0 to$250. Assessments for violations that were the
result of negligence may range from $250 to$750. Assessments for violations that were the result
of intentional conduct may range from $750 to$1500.
This violation appears to have occurred as a result of an extremely high degree of ne0wence.
This area of the mining operation received a violation foroff-site disturbance on 1/31/01.
The Fault component of this proposed penalty assessment is therefore set at $750.
Good Faith Credit in Achieving Compliance [Rule 5.04.5(3)(d)]:
This violation has not yet been abated. The Good Faith Credit component of this proposed
penalty assessment is therefore proposed at$0.
The Total Proposed Civil Penalty Assessment for this NOV is therefore recommended to be$1550.