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Minutes , April 22-23, 1992 41 <br /> Staff said the civil penalty amount was calculated at a rate of $325 <br /> per day, but was reduced to $175 per day, for good faith effort. <br /> Therefore, the Division ' s recommendation for the civil penalty was that <br /> it be assessed at a rate of $175 per day' for 39 days of disturbance for <br /> a total of $6,825. <br /> Staff referenced EXHIBIT C, an April 22, 1992 letter, in which the <br /> operator committed to the corrective actions proposed by the Division. <br /> Ms . Delaney said the operator does not contest the violation. She <br /> discussed the corrective actions being implemented at the site and said <br /> the operator agrees with the additional corrective actions proposed by <br /> the Division. <br /> In response to a question from Frank Johnson, Assistant Attorney <br /> General , Ms . Delaney stated that there are costs associated with the <br /> resolution of the corrective actions. She clarified that the operator <br /> of the quarry is Pitkin Iron and that Mid-Continent is the permittee. <br /> Ms . Delaney said Ptkin Iron has income from the sale of rock dust. She <br /> said she believes .that Pitkin Iron would pay the civil penalty in this <br /> matter. <br /> Staff clarified that since Mid-Continent is the permittee any, <br /> amendments would be their responsibility. Staff said the cost of <br /> reclamation of the disturbance has not yet been determined. Staff <br /> answered questions from the Board. <br /> It was MOVED that the Board find the operator in violation, as <br /> recommended by the Division, not issue a cease and desist order and <br /> order the corrective actions recommended .by the Di.vision,, including- the <br /> submittal of plans and amendments . SECONDED AND PASSED UNANIMOUSLY <br /> (Kraeger-Rovey, Cooley, Jouflas , Stewart and Cattany) ; Danielson and <br /> Cattany not present for the vote. <br /> It was MOVED that the Board defer the decision on a civil penalty and <br /> reconsider it at the June 1992 Board Meeting and, at that time , <br /> determine whether the operator followed the plans , including the <br /> submittal of an amendment and , in lieu of the other transaction <br /> involving the operator, provide an opportunity for the operator to <br /> focus on those other issues at this- time. SECONDED AND PASSED '4 ' for' <br /> (Kraeger-Rovey, Jouflas , Stewart and Danni ) ; 1 against (Cooley) ; <br /> Danielson and Cattany not present for the vote. <br />