ENFORCE36983 - Laserfiche WebLink

Home Browse Search

~~ SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-053 Notice of Violation C-93-053 was issued for "Failure to remove, store, protect and identify topsoil; failure to pass disturbed area drainage through a sediment pond, a series of ponds, or a treatment facility before leaving the permit area." Dan Hernandez issued the violation on May 19, 1993 at the Rimrock Strip Mine. He explained that the operator had set a trailer outside the approved disturbance area and sediment control system. Topsoil had been dozed in a berm around the perimeter. It was not placed in the approved topsoil stockpile. Additionally, topsoil along the haul road from the county road had been bermed along the road, not placed in the topsoil stockpile. This topsoil was also outside the sediment control system. Slides of each location were shown. Mark Kerr, of Landmark Reclamation and representing Rimrock Coal Company, said that all topsoil had been salvaged. They had discussed the trailer location with an inspector, but a revision was never submitted. He felt the proposed civil penalty was too high. The proposed civil penalty was: History $50.00 Seriousness $750.00 Fault $750.00 Good Faith $0.00 Total $1550.00 For seriousness, Mr. Kerr stated that all topsoil had been salvaged. He felt it would be adequately protected in the berms. The areas in question were small in comparison to the overall size of the mine site. The trailer pad was approximately 40x100 feet. There were no offsite drainage problems. Mr. Kerr stressed that they did not intentionally violate the law. They were operating in good faith by salvaging the topsoil and protecting it in a way they felt was appropriate. Based on the information presented in the conference, I feel a reduction in the seriousness component is appropriate. No topsoil was lost. The NOV incorrectly cited failure to salvage. No evidence was presented showing damage from the lack of sediment control. I am reducing seriousness to $500.00. Regarding the fault component, I believe a reduction is appropriate. As stated in the proposed assessment, drainage control and topsoil protection requirements are very important. I believe the operator was aware of the need to protect them, simply not in the way required by this regulatory program. I am reducing this to $500.00. Settlement Agreement Penalty $1050.00