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<br />Justification for the Proposed Settlement Agreement for NOV C-84-004 -Blue <br />Ribbon Mine <br />The fact of the violation was not contested by Blue Ribbon Coal Company at the <br />assessment conference. The amount of civil penalty, however, was discussed at <br />considerable length. The Division staff proposed a civil penalty consisting <br />of History - $50.00, Seriousness - $260.000, Fault - $750.00, Total - <br />$1,060.00. <br />During the discussion concerning the seriousness component, Blue Ribbon Coal <br />Company suggested that $200.00 for the drainage part of the seriousness <br />component was excessive. I agree with that assertion given the assumption <br />that the abatement was to occur before March 1, 1984 which would be prior to <br />any runoff which could cause difficulties. The other element included in the <br />seriousness component was the topsoil which was covered by the coal <br />stockpile. The seriousness component attributed to this topsoil problem was <br />suggested by the Division staff at $60.00. It is my judgment that $60.00 is <br />actually too small an assessment for this part of the violation. I am, <br />therefore, proposing in this agreement that the seriousness component be a <br />total of $300.00: $100.00 attributed to the hydrology issue and $200.00 <br />attributed to the covering of apart of the topsoil stockpile. <br />Blue Ribbon Coal Company made the argument at the assessment conference that a <br />fault component of $750.00 was excessive since this violation was inadvertent <br />and was due to a lack of supervision. In addition, it became apparent during <br />the assessment conference that one of the contributing factors which lead to <br />the violation is the fact that there is no requirement in the permit to <br />maintain a specific separation between the drainage ditch and topsoil <br />stockpile from the coal stockpile. Thus, the permit itself creates an almost <br />impossible situation for the prevention of the interaction. Therefore, I am <br />suggesting a reduction in the fault component from $750.00 to $500.00. <br />The total civil penalty being proposed in the Settlement Agreement, therefore, <br />is History - $50.00, Seriousness - $300.00, - Fault $500.00, for a total of <br />$850.00. No good faith reduction is appropriate in this case. <br />Doc. No. 0757 <br />