1992-04-22_REVISION - M1988112 - Laserfiche WebLink

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• D RAF~f Minutes, Rpri 1 22-23, 1992 Subject To Board Approval 34 Mr. Massey stated that the operator had not previously seen the information presented and suggested that the consideration of civil penalties be continued to the May 1992 Board Meeting. At this time, Staff withdrew the Exhibits and discussed the Division's determination that this violation be considered willful, as it relates to the civil penalty recommendations. Staff referenced Exhibit 7 of the Division's information included in Exhibit A and discussed the reporting requirements and the operator's lack of compliance with those requirements. In conclusion., Staff said the Division feels that the operator's failure to comply with permit standards, pertaining to the level of cyanide present in tailings ponds, was the direct result of the operator's deliberate decisions regarding its plan of operation, i.e., to construct the AVR system. Once the system failed, a collection of problems resulted in the operator's failure to comply with permitted cyanide levels. The operator repeatedly failed, over a period of 5 months, to comply with its permit commitment to immediately inform the Division of any deviation from tailings composition. Staff said that, in the Division's opinion, the operator's actions were willful. In response to the civil penalty recommendations, Mr. Massey stated that the operator does consider this a serious matter. He said the operator will acknowledge the fact of the violation and pay an appropriate civil penalty. Mr. Massey said the operator is concerned with the suggestion that they violation was willful and deliberate. He said the operator does not feel the Division's recommendation, regarding seriousness, is consistent with the evidence presented by the operator and Division, because there is no off-site ddmdge. Mr. Massey asked the Board to consider the testimony presented on behalf of the operator, the fact that the'-e is no health or safety hazard present and the operator's good faith effort, including a commitment to close the facility, if necessary. Ms. Jacquez, on behalf of i:he objectors and in reference to part 3 of the civil penalty recommendation, said they feel the operator should be considered in violation, until the approved permit standards for cyanide levels are reached. It was MOVED that the Board adopt Paragraphs 1 and 2 of the Staff's civil penalty recommendations, as dealing with all civil penalties up to and including April 7, 1'392, and if the Staff has reason to believe there is a violation continuing on April 8, 1992 or any day thereafter, at such time that the Staff deems it appropriate, the violation be noticed, the Board will consider the violation and determine what, if any, civil penalty is appropriate. SECONDED AND PASSED 6 for (Kraeger-Rovey, Jouflas, Stewart, Danielson, Danni and Cattany); 1 abstention (Cooley). Mr. Frank Johnson said he would draft a written Findings of Fact, Conclusion of Law and Order for the Board to consider at the May 1992 Board Meeting.