Laserfiche WebLink
Proposed Civil Penalty Assessment <br />Seneca Coal Company / The Yoast Mine <br />NOV CV-2009-002 <br />June 11, 2008 <br />Materials reviewed: DRMS Inspection Reports (4/23/09; 5/26-27/09); DRMS NOV CV-2009-002 <br />(5/1/09); DRMS NOV Termination Notice (5/29/09). Permittee did not comment regarding the NOV. <br />History [Rule 5.04.5(3)(a)]: <br />CV-2008-001 was issued on May 2, 2008, less than one year prior to the issuance of this NOV. <br />The History component is therefore proposed to be set at $50. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1'150. The amount <br />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. This NOV was written for a violation of performance requirements. <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurrence of the event which a violated. standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />area and impact on the public or environment. <br />(1) Ineffective erosion control practices associated with snow-melt flow through a road-fill down- <br />drain resulted in events (down-drain erosion; deposition of scoured sediment into a drainage <br />within and beyond permit area) that state law and MLRB regulations are designed to prevent. <br />(2) Duration of the violation is unknown, but appears less than one week. Sediment deposition <br />area is approximately 25' x 50'. Impact to the public is small; however, a natural drainage <br />was impacted within and beyond the permit area. <br />The Seriousness component of this assessment is therefore proposed to be set at $750 <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />It appears that this violation might have been avoided had the permittee been more diligent in <br />monitoring the cited road-fill down-drain. This suggests a moderate degree of negligence. <br />The Fault component is therefore proposed to be set at $500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />The NOV was abated several days ahead of the established NOV abatement deadline. It is <br />uncertain, however, that the permittee took extraordinary measures to abate the violation. <br />Good faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1300.