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January 23, 1985 <br /> MEMORANDUM <br /> Mid-Continent NOV C-84-083 <br /> Page Two <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, an assessment of $50.00 is recommended. <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 construction 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, I recommend an assessment of $1 ,250.00 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 , I recommend a <br /> maximum assessment for negligence 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 I recommend an award of $125.00 for good faith. <br />