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xK�t31T � <br /> -10- <br /> NOV C-84-086 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> On May 21 , 1984 Jim Herron, of the Mined Land Reclamation Division <br /> observed sediment, containing coal processing waste, along the bank of <br /> Bear Creek in two locations near Pond 2, below the preparation plant. <br /> In addition, an accumulation of non-coal waste (e.g., belts, tires, and <br /> metal ) near the bathhouse pond was observed. This is not an approved <br /> trash disposal area. Oral testimony, slides, and photographs support <br /> the issuance of the Notice of Violation (NOV) for failure to properly <br /> dispose of waste materials. The Director finds that NOV C-84-086 <br /> occurred, and the NOV is upheld. <br /> II . PENALTY ASSESSMENT <br /> A. History: <br /> Based on the fact that one violation was issued against <br /> Mid-Continent Coal Resources within the twelve months prior to this <br /> NOV, $50.00 is assessed. <br /> B. Seriousness: <br /> The rationale for the proposed assessment supports the final <br /> assessment for seriousness. $175.00 is assessed for seriousness. <br /> C. Fault: <br /> The rationale for the proposed assessment supports the final <br /> assessment for fault. $500.00 is assessed for fault. <br /> D. Good Faith: <br /> After the operator was issued a violation for failure to properly <br /> dispose of waste materials, both problem areas were abated well <br /> ahead of the time allowed for abatement. In addition, a berm was <br /> constructed along the bank of Bear Creek which should prevent <br /> future occurrences of spillage along the stream bank. This was <br /> above and beyond the work called for the in the abatement order. <br /> $50.00 is awarded for good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-86 is $675.00 <br />