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this potential problem but no final resolution of this concern had been agreed upon or <br />implemented. In addition, it appears that at least a portion of the violation concerning the <br />installation and use of a non-clogging primary spillway was adequately disputed as the <br />operator did have the best available technology employed with respect to the primary <br />discharge for the pond. As a result of the fact that discussions were still ongoing <br />concerning the modeling and the primary discharge was constructed using the best <br />technology currently available, the negligence level of fault will be reduced accordingly <br />from $750.00 to $650.00. <br />Number of Days of Penalty Assessed <br />I concur with 1 day. <br />Good Faith <br />The NOV has not been fully abated as required, therefore, no credit for good faith will be <br />granted at this time. <br />Settlement Agreement Penalty <br />History <br />Seriousness (moderate) <br />Fault (unavoidable) <br />Number of Days <br />Good Faith <br />$0.00 <br />$1250.00 <br />$ 650.00 <br />1 <br />$0.00 <br />Total Penalty <br />$1,900.00