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-20- <br /> NOV C-84-094 <br /> B. Seriousness: <br /> The Division based its proposed assessment of $400.00 for <br /> seriousness upon a consideration of a low-to-moderate obstruction <br /> to enforcement. Information presented at the hearing indicated a <br /> very low obstruction to enforcement occurred as a result of this <br /> violation. Therefore, $250.00 is assessed for seriousness. <br /> C. Fault: <br /> The Division proposed a maximum assessment for negligence based on <br /> a belief that the diversion of water around the Arctic Circle <br /> sediment ponds bordered on willful conduct. Information presented <br /> at the Conference indicated the the diversion was a proper <br /> emergency abatement action, and as such, $250.00 is assessed for <br /> minimal negligence. <br /> D. Good Faith: <br /> Although the operator could legitimately remove the Arctic Circle <br /> ponds, since they are not required to treat runoff from the haul <br /> roads, and permitting and monitoring requirements for ponds <br /> included in mine plans is burdensome, it is a sign of good faith <br /> that the operator has retained the Arctic Circle ponds as a <br /> best-available treatment approach for road runoff. $100.00 for <br /> good faith is awarded. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-094 is $450.00 <br />