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NOV No. C-84-052 <br /> Mid-Continent Resources, Inc . did not contest the facts of the violation. <br /> Staff proposed a civil penalty as follows : <br /> History $ 100.00 <br /> Seriousness $ 400.00 <br /> Fault $ 750.00 <br /> Total $1 ,250.00 <br /> Mid-Continent Resources , Inc . requested a reconsideration of the fault <br /> component of the proposed civil penalty. Mid-Continent' s legal representative <br /> questioned the staff 's justification for negligence, as stated in the notice <br /> of proposed civil penalty letter dated May 2, 1984. That letter stated that <br /> the Division believed that the operator had been very negligent "in both <br /> educating the equipment operators in the proper techniques for construction <br /> the waste piles and in monitoring the construction of the waste piles ." <br /> Mid-Continent does not believe that the evidence supports the first <br /> contention, with which I concur. Therefore, I am reducing the proposed fault <br /> component of the proposed civil penalty to $500.00. <br /> Mid-Continent Resources also requested consideration for good faith. The <br /> operator indicated that the abatement deadlines for report submission <br /> concerning construction of the waste pile were net and tha' they obtained the <br /> services of a consultant two days prior to receiving written notification of <br /> the violation. They believe that these actions represent an extraordinary <br /> display of good faith in expediting abatement of the violation. I believe <br /> that the operator has demonstrated good faith in this regard and am proposing <br /> a good faith adjustment of $250.00. <br /> The amended proposed civil penalty is as follows: <br /> History $ 100.00 <br /> Seriousness $ 400.00 <br /> Fault $ 500.00 <br /> $1 ,000.00 <br /> Good Faith Adjustment - 250.00 <br /> Total Penalty $ 750.00 <br /> /th <br /> Doc. No. 2561 <br /> .w <br />