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.~ <br />Fichartl D. Lamm <br />Governor <br />iii iiiiiiiiiiiiiiiiiii <br />999 <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getcnes, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C: SHELTON, Director <br />DATE: November 21, 1984 <br />T0: Trinidad Basin Mine Enforcement Action File, File No. C-048-81 <br />FROM: M.S. Savage rsp`~O~.1~~ <br />RE: Proposed civil penalty assessments for Cessation Order C-84-167 and <br />C-84-168 <br />The proposed civil penalties contained in this memorandum are based on the <br />criteria found in Rule 5.04.5, and C.R.S. 34-33-123(8)(x). Civil penalties <br />will be assessed for each of the Cessation Orders in this memorandum. <br />Cessation Order C-84-167 <br />This Cessation Order was written for the failure of the permittee to secure <br />explosive materials in a safe and approved container and location. <br />History <br />The permittee has received ten previous Notices of Violation in the preceding <br />calendar year which are no longer under administrative review. The Division <br />must assess a history component of $50.00 for each previous Notice of <br />Violation during the preceding calendar year. 10 x $50.00 = $500.00. <br />History total: $500.00 <br />II. Seriousness <br />The Division views this violation as a noncompliance with the approved permit <br />and a violation of the performance standards of the Act, and Rules. <br />The Act requires that, "in determining the amount of the penalty, <br />consideration shall be given to...the seriousness of the violation, including <br />any irreparable harm to the environment and any hazard to the health or safety <br />of the public...". In lieu of what the Division considers to be a very <br />serious breach of the safety requirements of the Act and Rules regarding <br />public health and safety, the Division proposes a civil penalty in the amount <br />of $1,750.00 for seriousness. <br />Seriousness total: $1,750.00 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />