_GENERAL DOCUMENTS - C1981017 (146)

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Notice of Violation C-84-085 The proposed assessment for this violation is $2,125.00. The proposed assessment is broken down into $50.00 for history of previous violations, $1,325.00 for seriousness, and $750.00 for fault. A number of separate violations (15) were contained within this one notice. The proposed assessment is based on the fact that damage did occur as the result of some of the violations contained within this notice: The effluent from discharge point 001 was not in compliance with applicable limitations, some disturbed drainage bypassed the lower two ponds at discharge point 001 , and some disturbed area drainage entered an undisturbed area near the warehouse sediment pond. The Division ascertained that the duration of potential damage was moderate given that some of the violations contained in this notice were still present during an inspection on June 27 and 28, 1984. The extent of damage is felt to be moderate. Separately, most of the violations contained within this notice may result in small or insignificant damage, but in aggregate the extent is felt to be moderate. This violation fits the category of negligence. Given the number of separate violations contained within this Notice, the maximum for negligence ($750.00) is appropriate. Notice of Violation C-84-086 The proposed assessment for this violation is $725.00, which is broken down into $50.00 for history of previous violations. This violation fits the category of negligence. Given violations, $175.00 for seriousness, and $500.00 for fault. It was ascertained that damage was likely to occur given that material was dumped on the bank of Bear Creek. The duration of the potential damage for both the waste on the bank of Bear Creek and the non-coal waste on the east side of the Dutch Creek flume was small . The extent of potential damage was felt to be insignificant given the small quantity of materials. This violation best fits the category of negligence, and the degree of negligence, is moderate. Therefore, $500.00 is proposed for the fault component. Notice of Violation C-84-087 The proposed assessment for this violation is $1 ,000.00, which is broken down into $50.00 for history of previous violations, $450.00 for seriousness, and $500.00 for fault. Damage did occur as the result of this violation. Some topsoil was lost due to the operators failure to stockpile the topsoil during construction of the drill pad near the slurry pond and during construction of the drainage ditch behind the warehouse.