_ENFORCEMENT - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ CV-90-014
• Violation No.: C-90-014
• Media Type: D
• Archive: No

Assessment Explanation NOV C-90-014
A. History The operator has received 5 Notices of Violation (NOV) and 1
cessation order (CO) during the previous 12 month period. All of these
have completed administrative review. Each NOV is assessed a penalty of
$50.00; the CO is assessed a penalty of $250.00. Total assessment for
history is $500.00.
B. Seriousness This is a violation of performance regulations resulting in
environmental damage as well as the creation of a safety hazard. The
actual damage generated by the failure of the culvert was confined to the
area of the road embankment and did not extend off the mine site. The
erosion that occurred, however, did threaten the integrity of the road
itself and, accordingly, the safety of mine personnel using it. The
actual environmental damage is considered moderate. Since drainage from
e road does not pass through sediment con ro s ructures, there is some
potential for continuation of the erosion to have raised suspended solids
levels in the nearby creek and to extend the impact off site. This
potential , however, is considered low to moderate. The potential for
accidents on the road as a result of continued leaking of the culvert and
attendant erosion is also considered low. The operator did recognize the
hazard, posted warning signs and could be expected, for practical
reasons, to repair the road embankment before the risk to traffic was
significantly larger. Overall , the degree of seriousness is considered
moderate and the level assessed as $500.00.
C. Fault Given the extent of the damage, the culvert had clearly been
e Ong for some time. At some point, the operator had become aware of
the problem, recognized the hazard, and posted warning signs at the
site. Nothing had been done, however, to repair the culvert and the
embankment. The operator is considered to be negligent in failing to
more promptly recognize and fully address the problem. Some effort was
made to reduce the safety hazard by posting signs, but given the apparent
length of time the culvert failure went undetected and, once recognized,
went unrepaired, the degree of negligence is set as moderate and assessed
at $500.00.
D. Days The penalty is assessed for 1 day. There could be some possible
economic benefit to the operator by delaying the necessary repairs,
however, that benefit is not considered significant enough to assess
multiple days.
E. Good Faith The violation has not been abated. There is no reduction for
good faith.
JCS/yjb
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