Laserfiche WebLink
-4- <br /> NOV C-84-083 <br /> B. Seriousness: <br /> Some actual damage did occur as a result of this violation. <br /> Topsoil downstream of the rock waste disposal pile was contaminated <br /> with the slurry material which washed away from the disposal pile. <br /> Also, a discharge of sediment-laden water occurred which was <br /> related in part to the failure by the operator to construct the <br /> upland water diversion ditch. The duration of the violation was <br /> relatively short, given the abatement response by the operator. <br /> The real extent of the violation was minimal . Based upon the <br /> actual damage which did occur and the moderate duration of the <br /> violation, $1 ,250.00 is assessed for seriousness. <br /> C. Fault: <br /> This violation was avoidable with proper attention to permit <br /> requirements and regular maintenance work. Since the operator <br /> failed to attend to provisions of the mining and reclamation permit <br /> which applied to waste disposal and sediment control , the maximum <br /> for negligence is assessed in the amount of $750.00. <br /> D. Good Faith: <br /> After the operator was issued this Cessation Order, the practice of <br /> end dumping was stopped immediately. A temporary sediment control <br /> pond was constructed by the next day to prevent untreated effluent <br /> from leaving the disturbed area. These practices were required in <br /> the abatement order. However, some evidence of good faith was <br /> shown in that the operator constructed a temporary catchment basin <br /> to mitigate the slurry migration problem prior to the inspection <br /> which led to the issuance of the Cessation Order. It is on this <br /> basis that $125.00 for good faith is awarded. <br /> E. Violation Period <br /> The proposed penalty by the inspector identified four days of <br /> violation by the operator. The period of violation related to the <br /> four days subsequent to May 22, during which the settlement pond <br /> for this area did not comply with effluent standards. However, <br /> compliance with effluent standards was not part of the original <br /> abatement order. Meanwhile, the operator complied with all of the <br /> provisions of the abatement order within one day. Therefore, a <br /> civil penalty on the basis of one day of violation is assessed. <br /> F. Total Assessment: <br /> The total civil penalty assessment for NOV 84-083 is $1 ,925.00. <br /> b <br />