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Minutes, Apri 122-23, 1992
<br />DP~AFT
<br />Subject To Board Approval
<br />Staff stated that the original May 4, 1992 deadline was set with
<br />specific i~gard to the monitoring protocol sampling, Item 12 of the
<br />abatement requirements, in order to complete this process as quickly as
<br />possible. The Director suggested that the May 4, 199 deadline for
<br />submittal of the technical revision remain intact and that the operator
<br />be required to deliver a copy of the revision to the parties on the
<br />same date that it is submitted to the Division. He fur;her suggested
<br />that the Board's Order state that comments will be recceived from the
<br />parties until May 13, 1992.
<br />It was MOVED that the Board confirm May 4, 1992 as the dee~dline for the
<br />operator to submit a technical revision to the Division and provide
<br />copies to the parties and set May 13, 1992 as the deadline for the
<br />submittal of comments from the parties. SECONDED AND PASSED 6 for
<br />(Kraeger-Rovey, Jouflas, Stewart, Danielson, Danni and Cattany>; 1
<br />abstention (Cooley).
<br />The previous Motion to require submittals by the .May ,ind June 1992
<br />Board Meetings was PASSED 6 for (Kraeger-Rovey, Jouf~as, Stewart,
<br />Danielson, Danni and Cattany); 1 abstention (Cooley).
<br />The Board's initial Motion, including the Staff's recommendations,
<br />adoption of the abatement plan, as amended, granting the Division the
<br />authority to issue a cease and desist order as necessary, etc., was
<br />PASSED 6 for (Kraeger-Rovey, Jouflas, Stewart, Danielson, Danni and
<br />Cattany); 1 abstention (Cooley).
<br />At this point, the issue of the civil penalty was addressed. The
<br />Division recommended that the Board assess a civil peralty in the
<br />amount of $13,200, based on a rate of $400 per day fo- 33 days of
<br />violation from September 13, 1991 to October 16, 1991, representing the
<br />sample collection date to the date that the operator would have been
<br />aware of elevated cyanide levels.
<br />In regard to the second part of the civil penalty, the Division
<br />recommended that the Board assess and additional $1:15,700 civil
<br />penalty, based on $900 per day for 173 days of violation, from October
<br />17, 1991 to April 7, 1992, representing the date the operator would
<br />have been aware of elevated cyanide levels to the date a technical
<br />revision was approved for quick reduction of cyanide levels.
<br />Therefore, the Division recommended that a total of $168,900 be
<br />assessed against the operator and further recommended that the Board
<br />not consider suspension of any part of the amount.
<br />Regarding the third part to the civil penalty, the Division further
<br />recommended that the Board order the operator to pay an additionai
<br />civil penalty at the rate of $900 per day, until the ~~iolation is
<br />abated by meeting permit standards for levels of cyanide in the
<br />tailings slurry, tailings ponds and the collection pond.
<br />Staff distributed EXHIBIT E, information related to the Division's
<br />civil penalty recommendations.
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