1992-11-02_GENERAL DOCUMENTS - C1981017

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October 4, 1991 and issued a proposed approval decision on October 23, 1991 . MCR was able to complete necessary spillway construction at only one pond prior to heavy snowfall in late October and November. Mr. Waldron indicated that, at a meeting in May or June of 1992 , the need for MCR to complete the spillway construction during the 1992 field season was discussed . As of August 20, 1992 , spillway work had not yet been initiated on any of the nine remaining ponds . Due to the high elevation and possibility of early fall snowfall which could preclude completion of the work, Mr. Waldron proceeded with issuance of the NOV. Ms . Delaney was in basic agreement with the chronology of events , but she indicated that as a result of the bankruptcy, severe staff shortages dictated a strict prioritization of tasks . The limited crew (two people) was occupied by other NOV abatement work up until July 22, and throughout the summer there was much uncertainty as to whether or not a new operator or a salvage firm would come forward and provide funds for continued operation of the mine fans , pumps , and maintenance of the skeleton crew at the mine. Ms . Delaney stated that she understood the spillway construction deadline to be the end of the construction season. For this reason , and due to the fact that the existing combination spillways were fully operational , the task had been assigned a low priority. She stated that although MCR had questioned the need for constructing new emergency spillways given the status of operations and the fact that the existing spillways were functional , it was MCR' s intent to construct the spillways prior to the end of the construction season . Fact of Violation I find that a violation did occur. Revised Rules 4.05.6(3)(d) and (e) , which address the pertinent spillway design requirements , became effective June 30, 1991 . By the memorandum of May 15 , 1991 , the Division granted a grace period extending to September 1 , 1991 to allow for necessary design changes , permitting and construction associated with existing , non-complying structures . As of August 20, 1992 , nine sediment ponds at Coal Basin were out of compliance , and work had not yet been initiated on the spillways . Pr000sed Civil Penalty Assessment The penalty assessment proposed by the Division Assessment Officer was : History: S 250.00 Seriousness : 250.00 Fault: 1 ,000.00 Total : 51 . 500.00 History The history component was not disputed . -2-