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pursuant to specific criteria. The Statute, Rules and permits set forth specific criteria for how each <br />of these materials are to be managed and disposed of. These requirements were not followed. <br />Unauthorized transporting at least 3,300 cy of coal, trash and debris, coal mine waste and non -coal <br />waste off -site is considered significant. A penalty of $1,250.00 is proposed for seriousness. <br />C. Fault <br />The waste material was hauled off the Foidel Creek Mine site by one of Twentymile Coal <br />Company's contractors. In the September 22, 2011 email, TCC contends they had no knowledge <br />of, and did not consent to this activity. <br />Twentymile Coal Company, the permittee for the Foidel Creek Mine, is responsible for <br />conducting all surface coal mining operations in compliance with the approved permit, for <br />compliance with the applicable performance standards of the Act, and compliance w ith th <br />requirements of the Rules. The permittee is responsible for communicating the applicable criteria <br />to employees and contractors, and supervising to ensure that compliance with the Act, Rules and <br />permit is achieved. <br />A penalty of $750.00 is proposed for fault and represents a high level of negligence. <br />D. Good Faith <br />A good faith reduction can be considered if extraordinary measures are taken to abate the violation <br />in the shortest time possible. TCC has submitted an abatement plan and documented progress <br />towards completing the plan. However, the violation has not been fully abated, and a good faith <br />reduction is not proposed. <br />