_ENFORCEMENT - C1981017 ‎(9)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ CV-91-023
• Violation No.: C-91-023
• Media Type: D
• Archive: No

JUSTIFICATION OF SETTLEMENT AGREEMENT FOR
NOV C-91-023
NOV C-91-023 was written for "failure to routinely compact and cover non coal
wastes to prevent combustion and wind-borne waste. " NOV C-91-023 was issued
by Dan Mathews, Reclamation Specialist, on September 23, 1991 . As Dan stated
in the NOV; this notice applies to non coal disposal sites at the mine 1 south
bench and at the east end of the rock tunnel waste pile. The situation was
found to be in noncompliance with regulatory section 4. 11 .4(2) . Dan observed
that rule 4. 11 .2(2) requires the operator to "regularly cover and compact" the
non coal waste. Dan believes that the presence of plastic and paper debris in
the adjoining sediment pond is evidence that the operator failed in this
regard.
The penalty assessment proposed by the Division Assessment Officer was :
History $200.00
Seriousness $250.00
Fault $500.00
TOTAL PROPOSED CIVIL PENALTY: $950.00
Ms . Diane Delaney, representative of Mid-Continent Resources , Inc. , recounted
the history of complications encountered by Mid-Continent Resources in
attempting to cover and compact the rock tunnel non coal waste site. She
alluded to equipment breakdowns and the company' s tenuous financial
condition. She further indicated that the company' s performance in 1991 had
not been significantly different than in previous summers . Based upon the
evidence presented I found the proposed assessment for History and Seriousness
to be appropriate. I was persuaded. however, that the proposed assessment for
Fault was inappropriate. In response, I am proposing to decrease the
assessment for the Fault component from $500 to $250.
Regulation section 5.04.5(3)(d) allows the conference officer to assign a
penalty reduction to reflect "Good Faith" , if the permittee took
"extraordinary" efforts to abate the violation in the shortest possible time
before the abatement deadline.
Because of the delay in completing the covering of the waste site caused by
the lack of operable equipment, it would inappropriate to consider the
imposition of a "good faith" adjustment in this case. Therefore, I declined
to grant an adjustment for "good faith" in regards to NOV C-91-023.
In conclusion, I propose to amend the penalty assessment for Notice of
Violation C-91-023, as follows:
History $200.00
Seriousness $250.00
Fault $250.00
Good Faith -0-
TOTAL PROPOSED CIVIL PENALTY: $700.00
Doc. No: 9239(e)F