ENFORCE36803 - Laserfiche WebLink

Home Browse Search

Proposed Civil Penalty Assessment MINREC, Inc /The North Thompson Creek Mine NOV CV-2004-004 October 18, 2004 Materials reviewed: DMG NOV (9/21/04); DMG Inspection Report (9/15/04), DMG Photos from 9/15/04 inspection; Memo from Jim Stazk (10/18/04). Permittee provided no comments. History [Rule 3.045(3)(a)]: No NOVs have been issued at this mine during the 12 months preceding the issuance ofthis NOV. The History component is therefore proposed to be set at $0. Seriousness [Rule 5.04.5(3)(6)]: - - - - - - - Tfie Seriousness-component o€a proposed assessment may range from $O~o-$}736. Theamount - - proposed depends upon whether the violation was one of performance requirements or of administrative requirements. This NOV was written for a violation of performance requvements. In the case of a violation of performance requirements, the amount to be assessed for Seriousness depends upon (1) the probability of the occurrence of the event which a violated standazd is designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of area and impact on the public or environment. (1) The event (an adverse impact to the hydrologic balance) that the statutory, regulatory, and permit standazds aze designed to prevent did in fact occur. (2) An impact upon the public does not appear to have occurred. An impact upon the environment (mine water flowing out of the designed treatment system onto surrounding area) did occur. The duration and extent of the actual damage upon the environment appears small. The Seriousness component of this assessment is therefore proposed to be set at $250. Fault [Rule 3.04.5(3}(c)]: The fault component of a proposed civil penalty assessment may range from $0 to $1300. Assessments of "unavoidable" violations may range from $0 to $230. Assessments for violations that were the result of"negligence" may range from $230 to $730. Assessments for violations that resulted from "intentional conduct" may range from $730 to $1500. Based upon the level of grassy sediment in the plastic corrugated half-culvert at the time of the inspection, upon the fact that the primary spillway of Treatment Pond T-2 was partially blocked at that time, and upon the fact that the emergency spillway pipe of Treatment Pond T-2 was cut and in need of repair, this violation appeazs to have occurred from a high degree of negligence. The Fault component is therefore proposed to be set at $750. Good Faith in Achieving Compliance [Rule 3.045(3)(d)]: This NOV has not yet been fully abated. Good faith credit is therefore not proposed at this time. The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1000.