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The proposed civil penalty originally determined by the Assessment Officer for CV- <br />2011 -005 was: <br />History $0.00 <br />Seriousness $1250.00 <br />Fault $750.00 <br />Number of Days of Penalty Assessed 1 <br />Good Faith $0.00 <br />Total proposed penalty $2000.00 <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I believe that a violation did occur and under the seriousness category the level of <br />significant was appropriate. Underground waste that could be characterized as <br />development waste as well as non -coal waste generated at the Foidel Creek Mine was <br />transported off the permit area and disposed of at two facilities that were not included in <br />the approved waste disposal plan or permit. The Statute, Rules and permits set forth <br />specific criteria for how each type of material is to be identified, managed and disposed <br />of. For one reason or another, these requirements were not maintained, and <br />approximately 3,300cy of mine - generated waste materials ended up at two unauthorized <br />disposal sites that were not operated in accordance with local, State, and Federal <br />requirements. Therefore assessment of $1250.00 is deemed to be appropriate. <br />Fault <br />The waste material was hauled off the Foidel Creek Mine site by one of Twentymile Coal <br />Company's contractors. Although TCC contends they had no knowledge of, and did not <br />consent to this activity, Twentymile Coal Company, the permittee for the Foidel Creek <br />Mine, has ultimate responsibility for conducting all underground and surface coal mining <br />operations in compliance with the approved permit, the applicable performance standards <br />of the Act, and in compliance with the requirements of the Rules. The permittee is <br />responsible both to communicate the applicable criteria to employees and contractors, as <br />well as to provide sufficient oversight, supervision, and inspections to ensure that waste <br />materials are properly classified, segregated, handled, and disposed of in compliance with <br />the Act, Rules and permit. <br />Discussions at the conference indicated the subcontractor may have breached the written <br />contract it had with TCC, and further, that there may have been deliberate intent by the <br />contractor to mislead TCC through continuing to invoice for tipping fees from the <br />approved landfill disposal site, even though waste was being diverted to the two un- <br />authorized disposal sites. The Division also learned that TCC dealt swiftly and severely <br />2 <br />