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+ s <br /> Rationale for Proposed Amount of Civil Penalty <br /> Coal Basin Mines <br /> Notice of Violation No. 82-28 <br /> Nature of Violation: Failure to minimize disturbance to the prevailing <br /> hydrologic balance. Failure to prevent , to the extent possible using <br /> the best technology currently available, additional contributions of <br /> suspended solids to streamflow outside the permit area. <br /> Inspector: Jim Herron <br /> Rationale <br /> 5.04. 5(2) (a) - History of Violations ($50.00/violation ; $1 ,750.00 Maximum) <br /> Mid-Continent Resources has had one previous violation in the past year. <br /> However, since this violation is pending administrative review, no assessment <br /> will be made. <br /> 5.04.5(2) (b) - Seriousness of Violation ($1 ,750.00 Maximum) <br /> This was a violation of performance standards , therefore, the assessment <br /> must be based on the probability of damage occurrence and the duration <br /> and extent of damage or the potential duration and extent. <br /> Damage did occur, therefore the maximum is assessed for this portion. The <br /> duration was long for this type of violation and the extent of damage was <br /> large. Therefore, the maximum ($1 ,750.00) is assessed for seriousness. <br /> 5.04.5(2) (c) - Fault ($250.00 Minimum, $1 ,500.00 Maximum) <br /> This violation fits the category of negligence. The Division assess $750.00 <br /> for fault. e <br /> Summary Assessment <br /> Category <br /> History -0- <br /> Seriousness $1 ,750 <br /> Fault $ 750 <br /> Total $2,500 <br />