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<br /> <br />Rationale of Proposed Civil Penalty <br />Mt. Gunnison No. 1 Mine <br />NOV C-84-077 <br />On April 20, 1984 an inspection of the Hotchkiss Coal Yard revealed <br />underground development waste had been hauled to the site from the <br />Mt. Gunnison No. 1 Mine. A notice of violation was subsequently written on <br />May 14, 1984 for failure to dispose of underground development waste in a <br />designated disposal area within a permit area. <br />The civil penalty was assessed in accordance with the procedures set forth in <br />MIRD Rule 5.04.5. <br />Rule 5.04.5(2)(a) - History of Previous Violations <br />This rule requires that $50.00 be assessed for each previous violation issued <br />within the past 12 months, up to a maximum of $1,750.00. A penalty of $-0- <br />was assessed based on a history of zero violations within the past 12 months. <br />History $ -0- <br />5.04.5(2)(b) - Seriousness of the Violation <br />Up to $1,750.00 of the penalty assessment is to be based on the seriousness of <br />the violation, in consideration of probability of occurrences, duration and <br />extent of damage. <br />The Division considers the disposal of underground development waste at a <br />non-permitted area to be a serious violation. This waste is potentially <br />toxic-forming and combustible. In an uncontrolled environment this material <br />could easily be mishandled and cause impacts to water resources, wildlife, and <br />other related environmental values. In addition, reclamation of the remaining <br />waste could not be assured since the site was not permitted. <br />Because of the above concerns the Division feels the maximum penalty under <br />Seriousness is warranted. <br />Seriousness $1,750.00 <br />Rule 5.04.5(2)(c) -Fault <br />Fault is divided into three separate units and carries a maximum penalty of <br />$1,500.00. <br />1. If the violation was unavoidable despite the exercise of reasonable <br />care, no assessment for fault will be made. <br />2. If the violation occurred because of negligence, i.e., due to <br />indifference, lack of diligence, or lack of reasonable care, an <br />assessment of at least $250.00, but not more than $750.00, will 6e made. <br />