30 C.F.R. § 723.11
How assessments are made
The Office shall review each notice of violation and cessation order in accordance with the assessment procedures described in §§ 723.12, 723.13, 723.14, 723.15, and 723.16 to determine whether a civil penalty will be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.
Notes of Decisions
Cited in 3
cases, 1982–1987 · leading case: B & M Coal Corp. v. Off. of Surface Mining Reclamation & Enf't, 531 F. Supp. 677 (S.D. Ind. 1982).
B & M Coal Corp. v. Off. of Surface Mining Reclamation & Enf't, 531 F. Supp. 677 (S.D. Ind. 1982). “This determination must utilize a point system premised upon four criteria, stated at 30 C.F.R. § 723.11 (c)(1-4), which are: “(1) The [operator’s] history of previous violations at the particular coal mining operation; (2) the seriousness of the violation; (3) whether the…”
United States v. Crooksville Coal Co., Inc., 560 F. Supp. 141 (S.D. Ohio 1982). “The criteria to which point values are assigned include: the history of previous violations; the seriousness of the violation; operator negligence; and good faith.”
United States v. Stanley Finley, 835 F.2d 134 (6th Cir. 1987). “30 C.F.R. § 723.11 . 2 . Those violations were: failure to pass all surface drainage from the disturbed area through a sedimentation pond or series of sedimentation ponds, in violation of 30 C.”
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