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Reports. Upon completion of the Stabilization Work, the Operator may request, <br /> and the Division shall approve, a reduction of the bond amount. <br /> 5. Pursuant to section 34-32.5-124(7), C.R.S., a person who violates any <br /> provision of a permit issued under the Act shall be subject to a civil penalty of not <br /> less than $100 per day nor more than $1,000 per day for each day during which such <br /> violation occurs. In addition to other terms of the Agreement and this Order, the <br /> Board imposes a civil penalty against the Operator for 365 days of violation at $300 <br /> per day for a civil penalty of$109,500. The Operator shall pay $36,500 of the total <br /> civil penalty immediately. In the event the Operator completes, to the Division's <br /> reasonable satisfaction on or before May 1, 2015, the Stabilization Work approved in <br /> Amendment AMO2 and set forth in the Agreement, the remaining $73,000 of the civil <br /> penalty shall be permanently suspended. In the event that the Operator fails to <br /> timely complete, or fails to adequately complete, the Stabilization Work approved in <br /> Amendment AMO2 and set forth in the Agreement on or before May 1, 2015, the <br /> remaining $73,000 of the civil penalty shall be immediately due and payable; if the <br /> remaining $73,000 of the civil penalty becomes due and is unpaid by May 1, 2015, <br /> that amount shall be sent to State collections. <br /> 6. The Board recognizes that Asphalt Specialties Co., Inc., in paragraph 1 <br /> of the Agreement, waives its right to challenge the requirements of the Agreement <br /> in any judicial or administrative proceeding initiated by the Board or Division. <br /> DONE AND ORDERED this ro day of 20 H . <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Yft„../14,_() , <br /> ill H. Van Noord, Chair <br /> NOTICE OF APPEAL RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected <br /> or aggrieved by agency action may commence an action for judicial review by filing <br /> a notice of appeal with the district court within thirty-five (35) days after the <br /> effective date of this order, pursuant to section 24-4-106, C.R.S. (2014). In the event <br /> that an appeal is filed, designations of record made in accordance with section 24-4- <br /> 106(6), C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, <br /> Denver, CO 80203, Attention: Johnie Abad. <br /> 2 <br />