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Justification for the Proposed Settlement of NOV 83-13 <br /> The Division proposed a civil penalty consisting of the following <br /> components: <br /> History - $50.00 <br /> Seriousness - $65U.00 <br /> Fault - $750.00 <br /> Total - $1,450.00 <br /> During the conference the fact that the violation occurred was not <br /> contested. There was, however, considerable discussion regarding the <br /> fault and seriousness components of the proposed civil penalty. I am <br /> proposing to change the fault component to $250.UO. This reduction is <br /> warranted due to the fact that the company did make effort to clean out <br /> both the slurry pond and the sediment ponds late last fall and early this <br /> spring. The company did, however, take a calculated risk by choosing to <br /> wait until late in the fall and thus, there was a small degree of fault <br /> which would appropriately be classified as simple negligence. The need <br /> to clean out the slurry pond had been identified in inspection reports <br /> during the summer of 1982. At that time, it was believed by the company <br /> that it could be postponed until the fall. Unfortunately, the weather <br /> made that postponement ill-advised in retrospect. Thus, at a time this <br /> spring when the drag line was needed at the sediment pond it was still <br /> located at the slurry pond, and due to late spring snows and wet weather <br /> • it ,could not gain access to the sediment ponds. <br /> The seriousness component as proposed by the Division staff at $650.00 <br /> appears reasonable. <br /> In this case it was appropriate to credit the company for a good faith <br /> component of $400.00. This is due to the company' s extraordinary effort <br /> at plowing access to the sediment ponds and laying road base at <br /> considerable expense. Thus, the total penalty of $950.00 is reduced to <br /> $550.00. <br /> Doc. No. 3466 <br />