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Explanation of Proposed Penalty for Notice of Violation C-90-062 A. /ern History, The mine has been issued four (4) Notices of Violation within the preceding 12 month period. Three of these NOV's have completed administrative review. Assessment for history is 3 x 550,00 or 5150,00, Seriousness. There is no actual or potential environmental damage associated with the water line in question and no actual or potential safety concerns or property damage. Failure on the part of the operator to include listing of the water supply line in the permit application package therefore constitutes an obstruction to enforcement, i.e. an inspector could be hampered in determining that operations of the mine were in compliance with the Regulations. Since the mine is in temporary cessation and the water supply line is not currently being operated and iias not been for several years, the degree of this obstruction is considered low. Assessment for seriousness is 5250.00. reasonable care to include the water suppiy line among the support facilities listed for the mine in the permit application package. The line is however, a relatively minor facility and concern. Consequently, the degree of negligence is considered low and assessed at 5250.00. Fault. The operator is considered negligent for not exhibiting Days. The penalty is assessed for 1 day. Good Faith. Abatement for the violation was to submit a revision to the permit addressing the water supply pipeline. Time for abatement was to be on or before January 15, 1991. The notice of violation ,was issued December 10, 1990. The revision was submitted on December 21, 1990, and the violation terminated December 28, 1990. Abatement, therefore, was achieved before the abatement date in what is regarded as the shortest possible time, and as a result of extraordinary effort on the part of the operator. A reduction for good faith of b250,00 is proposed. 2629F