_GENERAL DOCUMENTS - C1981017 (146)

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-4- Damage was likely to occur as the result of this violation. The material dumped on the road for use as road base contained a considerable amount of coal . The Coal Basin coal has a tendency to break down into very fine material that is very erodible by both wind and water. The duration of potential damage was short (small) given that the material was cleaned up within 24 hours of placement on the road. The extent of potential damage would also be small given the small amount of material (4 truck loads) dumped on the haul road. An assessment of $500.00 for a moderate degree of negligence is proposed to be assessed. The operator is aware of the need to use proper road base material. Notice of Violation C-84-093 The proposed civil penalty for this Notice of Violation is $525.00, which is broken down into $50.00 for history of previous violations, $225.00 for seriousness, and $250.00 for fault. Damage is not likely to occur in the case of this violation. The junk materials comprising the non-coal waste are in general non-reactive, that is the materials will have an immeasureable effect on environmental values. The duration of this violation is considered to be long since at least some of the materials have been improperly disposed of since prior to early fall, 1983. The extent of damage is considered to be insignificant for the same reasons discussed under probability of damage above. This violation best fits the category of negligence. The minimum of $250.00 for negligence is proposed since this is felt to be a case of simple negligence. Notice of Violation C-84-094 The proposed civil penalty for this Notice of Violation is $1 ,200.00, which is broken down into $150.00 for history of previous violations, $400.00 for seriousness, and $750.00 for fault. This is a violation of administrative requirements. The proposed assessment for the seriousness component must then be based on the extent to which enforcement was obstructed by the particular violation. In this case it is difficult to determine to what degree enforcement was obstructed. The Division considers obstruction to be somewhere between low to moderate, therefore, $400.00 is proposed to be assessed. The maximum of $750.00 for negligence is proposed to be assessed since this violation is believed to border on willful conduct. It is the Division's understanding that Mid-Continent purposely diverted the runoff water away from the Arctic Circle ponds because effluent limitations could not be met. Mid-Continent made no attempt to revise this plan during the permit review process and prior to changing the system.