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7 <br /> 41 <br /> -35- <br /> NOV C-84-135 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> During the June 26-28, 1984 inspection, Jim Herron, of the Mined Land <br /> Reclamation Division, observed that coal processing waste had flowed <br /> across an undisturbed area and into Dutch Creek from the old refuse <br /> disposal pile which is located just south of the bus garage and <br /> warehouse facilities. Also, coal processing waste was deposited in an <br /> undisturbed area along the southern edge of the old refuse pile. <br /> Notice of Violation (NOV) C-84-135 was issued for failure to protect <br /> off-site areas from damage and failure to minimize disturbance to the <br /> hydrologic balance. Based on oral testimony, slides, and photographs, <br /> the Director finds that the violation occurred. NOV C-84-135 is upheld. <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> $50.00 for one previous violation in the preceding year is assessed. <br /> B. Seriousness: <br /> The rationale for the proposed assessment supports the final <br /> assessment for seriousness. $1 ,750.00 is assessed. <br /> C. Fault: <br /> The rationale for the proposed assessment supports the final <br /> assessment for fault. $750.00 is assessed. <br /> D. Good Faith: <br /> No adjustment for good faith is awarded. However, it should be <br /> noted that he operator abated this violation three weeks before the <br /> abatement deadline. Since the violation came about because of a <br /> combination of large amounts of precipitation and poor refuse <br /> disposal practices, and the abatement consisted of retrieving the <br /> off-site waste and placing it properly in the refuse pile, no <br /> extraordinary reclamation measure were applied. This is the <br /> rationale for no award of good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-135 is $2,550.00. <br />