1986-01-31_GENERAL DOCUMENTS - C1981017

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i Fred Banta January 16 , 1986 Page two 5 . Failure to conduct operations to minimize water pollution (during snow removal near the wash plant area, coal fines were identified covering the bank of Coal Creek just beyond the concrete drainage ditch wall) . Mid-Continent did not contest violations 2 and 4 , and paid fines of $480 . Mid-Continent did contest the fact of violation, and proposed civil penalty assessment , for violations 1 , 3 and 5 . Mid-Continent paid $3 , 200 in fines for violations 1 , 3 and 5 , and the amount was held in escrow until the final decision was entered . After lengthy discussions between Dave Sturges , attorney for Mid-Continent , and Lyle Rising, Office of the Regional Solicitor , agreement was reached , and a Joint Motion for Consent Decision filed , with Harvey C . Sweitzer , Administrative Law Judge, on June 29 , 1983 . Judge Sweitzer signed the Consent Decision on December 30 , 1983 . The terms of the decision are : - No . 1 carried a penalty assessment of $-0- . - No . 3 was vacated . - No . 5 carried a penalty of $800 . After some delay, OSM returned $2 , 400 to Mid-Continent . As to Mr . Fritz ' s concern regarding abatement actions for Violations 1, 3 and 5, 1 will quote from the Assessment Conference Report of December 12, 1979 (James D . Kent , Conference Officer) : No . 1 . Good Faith: "These points (-10) are assessed due to the company ' s diligence in constructing a bridge . The company acted as quickly as work could be done . " No . 3 . Vacated . No . 5 . Good Faith: "Consistent with the recommendation of the inspector , good faith (-10) has been awarded . The area was regraded, and a berm constructed to prevent the problem from occurring again . A new grading pattern has been implemented so that equipment operators will not continue the problem behavior . "