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January 23, 1985 <br /> MEMORANDUM <br /> Mid-Continent NOV C-84-094 <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 12 months prior to this <br /> NOV, an assessment of $50.00 is recommended. <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, I would recommend an assessment of $250.00 <br /> 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 willfull conduct. Information presented <br /> at the hearing indicated that the diversion was a proper emergency <br /> abatement action, and as such, warranted an assessment of $250.00 <br /> for 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. I recommend an <br /> award of $100.00 for good faith. <br /> E. Total Assessment: <br /> I recommend a total assessment for NOV 84-094 of $450.00. <br /> /wjh <br /> cc: Jim Herron <br /> 7009F <br />