Laserfiche WebLink
Proposed Civil Penalty Assessment <br />Seneca Coal Company / The Seneca II -W Mine <br />NOV CV- 2011 -001 <br />July 01, 2011 <br />Materials reviewed: DRMS Inspection Reports (5/16/11; 6/22/11); DRMS NOV CV- 2011 -001 (5/27/11). <br />Permittee did not provide comments to the Division regarding the NOV. <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued at this mine during the 12 months preceding the issuance of this NOV. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. 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) Events that standards are designed to prevent did in fact occur. A portion of a haul road slid <br />into an adjacent drainage, blocked the streamflow, and caused erosion of the opposite bank. <br />Runoff through a haul road culvert caused excessive erosion at the culvert outfall. <br />(2) Duration appears to be from 5/3/11 to 6/17/11. Extent of the slide appears to be <br />approximately 100' x 200'. Impact to the public is small; however, a natural drainage was <br />affected, and erosion at the culvert outfall carried sediment beyond the permit boundary. <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 this violation might have been avoided had the haul road been better constructed and the - ---- -- <br />culvert outfall been better armored. This suggests a moderate degree -of- negligence -----f <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 />This NOV has not yet been terminated. <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 $1250. <br />