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NOV No. C-84-051 <br /> Mid-Continent Resources, Inc . did not contest the facts of this violation. <br /> The staff proposed a civil penalty as follows: <br /> History $ 100.00 <br /> Seriousness $1 ,525.00 <br /> Fault $ 750.00 <br /> Total Penalty $2,375.00 <br /> The operator requested a reconsideration of the fault component of this <br /> proposed penalty. Mid-Continent Resources believes that the degree of <br /> negligence was not so extreme as to warrant the maximum assessment for that <br /> degree of fault. However, the operator having been required to prepare <br /> several stability analyses of this particular coal processing waste pile <br /> during the permitting process should have been aware that this facility <br /> warranted a high level of scrutiny, monitoring and supervision. I an, <br /> proposing a reduction of the fault component to $625.00, reflecting the <br /> opinion that while this level of negligence may not have been extreme it was <br /> significant. <br /> Mid-Continent Resources, Inc. requested consideration of good faith in <br /> finalizing the civil penalty for this violation. As in the case of Notice of <br /> Violation C-84-052, the operator fulfilled the abatement deadlines, acquiring <br /> the services of consultant two days prior to receiving written notice of this <br /> violation. Reflecting what I believe is good faith effort to expedite <br /> abatement of this violation, I am proposing a $2.50.00 adjustment of good <br /> faith. As a result the amended proposed civil penalty is as follows: <br /> History $ 100.00 <br /> Seriousness $1 ,525.00 <br /> Fault $ 625.00 <br /> $2,250.00 <br /> Good Faith Adjustment - 250.00 <br /> Total Penalty $2,000.00 <br /> /th <br /> Doc. No. 2561 <br />