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Penalty Process, under Item (1)(c), which would require an operator or owner with one (1) <br />formal unresolved violation, or five (5) or more formal resolved violations within one year, to <br />attend a Penalty Hearing before the Board of County Commissioners. Director Boling further <br />related that if there have been moving violations by the haul route truck drivers, Item (1)(d), <br />Traffic Law Enforcement, would provide the Board with the ability to assess a mine <br />operator/owner the cost to hire additional contract traffic law enforcement. <br />Commissioner O'Bryan wanted to have a specific limit to the number of times a <br />mine operator/owner could take voluntary compliance actions, and questioned whether the time <br />period for compliance was defined in Section #7. He also suggested that the five (5) formal <br />resolved violations triggering a Penalty Hearing should be dropped, perhaps to three (3). <br />Director Boling addressed Commissioner O'Bryan's comments, and further <br />discussion ensued between staff, Commissioners, and area residents, regarding haul route <br />violations, and the proposed enforcement methods. <br />(Clerk's Note: Administrator Baird rejoined the meeting at 2:53 p.m.) <br />MOTION WAS MADE by Commissioner O'Bryan, <br />SECONDED by Commissioner Wheeler, to approve Section <br />#7, as presented. <br />Attorney Ferguson expressed concerns regarding Section #7 as follows: (1) he <br />felt that the process of determining a formal unresolved violation was unfair to the mining <br />operator; (2) he questioned the Board's legal ability to impose the [up to] $25,000 forfeiture <br />penalty without some standards identifying how the figure is arrived at; (3) he questioned the <br />28 <br />December 19, 2008 <br />Special Call Mining Regulations <br />