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Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />The permittee, in a letter dated 12/27/11, informed DRMS of the permittee's intent to not renew <br />its DRMS permit. The permittee subsequently did not file an application for permit renewal, thus <br />ensuring its DRMS permit would expire. The permittee had not completed its required <br />reclamation at the time of permit expiration. This demonstrates a very high level of intentional <br />conduct. <br />The Fault component is therefore proposed to be set at $1500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />The permittee did not abate this violation by the required abatement date. <br />A reduction for Good Faith Credit is not proposed. <br />Number of Days [Rule 5.04.6]: <br />The Division may assess a separate civil penalty for each day from the date of issuance of the <br />notice of violation or cessation order to the date fixed for abatement of a violation. In <br />determining whether to make such an assessment, the Division may consider the extent to which <br />the person to whom the notice or order was issued gained any economic benefit as a result of a <br />failure to comply. <br />Bear Coal Company gained an economic benefit from not incurring the cost of conducting its <br />required reclamation and from not achieving Phase III bond release before expiration of the <br />DRMS permit. The Division therefore believes an assessment of a separate civil penalty for each <br />day from the date of issuance of the notice of violation to the date fixed for abatement of the <br />violation should be made. The Notice of Violation was issued on 12/17/12. The NOV abatement <br />date was fixed at 12/31/12. <br />The Number of Days is therefore proposed at 14. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $42,000. <br />