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Seriousness <br /> Based on the apparent fact that the existing combination spillways were fully <br /> functional and had been in place for a number of years with no resultant <br /> problems , the potential for actual or potential environmental damage or safety <br /> hazards appears to be insignificant. I recommend that the penalty for <br /> seriousness be reduced from $250.00 to $0.00. <br /> Fault <br /> I believe the operator exhibited a certain amount of negligence in not <br /> initiating spillway modifications earlier in the field season , but the <br /> evidence does not seem to warrant the conclusion that the operator had no <br /> intention of complying with the regulation. The necessary revision was <br /> submitted in a timely fashion, although it apparently did not fully address <br /> the regulatory requirements initially. It is also true that the operator was <br /> forced to respond to regulatory requirements with limited resources due to the <br /> fact that the mine was shut down and MCR was in bankruptcy. <br /> I recommend that the penalty for fault be reduced from $1 ,000.00 to $250.00. <br /> Good Faith <br /> Upon issuance of the NOV, the work crew was shifted full time to the spillway <br /> construction project, which was completed by September 1 , three weeks prior to <br /> the abatement deadline. Due to the rapid response in abating the violation in <br /> the shortest possible time , I recommend a good faith reduction of $100.00. <br /> Settlement -Agreement Civil Penalty Procosal <br /> History: S25C.00 <br /> Seriousness : 0.00 <br /> Fault: 250.00 <br /> Good Faith : -100.00 <br /> Total : aoo.00 <br /> DTM/bjw <br /> 5278F <br /> -3- <br />