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-3- <br /> Notice of Violation C-84-090 <br /> The proposed civil penalty for this Notice of Violation is $2,150.00 which is <br /> broken down into $50.00 for history of previous violations, $1,600.00 for <br /> seriousness, and $500.00 for fault. <br /> Damage did occur as the result of these violations. The Mines 1 and 2 <br /> sediment ponds were both filled to capacity with sediment and were discharging <br /> water in excess of effluent limitations. In addition, some disturbed drainage <br /> was short circuiting the pond system and erosion of a drainage ditch <br /> embankment resulted in gullying below the ditch. <br /> The duration of damage is considered to be large since the sediment ponds were <br /> continuously discharging water in excess of effluent limitations until June 3, <br /> 1984. <br /> The extent of damage is considered to be moderate given that the pond effluent <br /> travels a considerable distance over a vegetated undisturbed area before <br /> entering the receiving stream, (which would result in some contamination of <br /> the undisturbed area and given the magnitude of the suspended solids level of <br /> the effluent). <br /> The Notice of Violation best fits the category of negligence. It is felt that <br /> the operator was negligent in failure to clean sediment from the ponds, <br /> failure to monitor the drainage system to prevent short circuiting and <br /> excessive erosion of the drainage ditch embankment and in failure to start <br /> chemical treatment of the runoff water to lower suspended solids levels. <br /> Therefore, $500.00 is proposed for the fault component. <br /> Notice of Violation C-84-091 <br /> The proposed civil penalty for this Notice of Violation is $1 ,000.00 which is <br /> broken down into $50.00 for history of previous violations, $450.00 for <br /> seriousness and $500.00 for fault. <br /> Damage did occur as the result of this violation. Trommel screen waste was <br /> spoiled downslope with some of the material falling into an undisturbed area. <br /> The duration of damage would be long since it is impracticle to clean up some <br /> of the waste material , so this material will remain throughout the life of the <br /> mine. The extent of damage would be insignificant. The Trommel screen waste <br /> is large material which is relatively non-reactive. <br /> This violation best fits the category of negligence. It is felt that this is <br /> more than a case of simple negligence since the operator was made aware of <br /> this problem or potential problem during several inspections. Therefore, <br /> $500.00 is proposed to be assessed. <br /> Notice of Violation C-84-092 <br /> The proposed civil penalty for this Notice of Violation is $875.00 which is <br /> broken down into $50.00 for history of previous violations, $325.00 for <br /> seriousness, and $500.00 for fault. <br />