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21. In the event that Twentymile Coal fails to comply with any of the terms or provisions of this <br />Consent Order relating to payment of the ' civil penalty, Twentymile Coat shall be liable for <br />payment of the outstanding balance of the civil penalty within thirty (30) calendar days of receipt <br />of written demand by the Division. Method of payment shall, be, by certified or cashier's check <br />drawn to the .order of the "Colorado Department of Public Health and Environment," and delivered <br />to the address specified in paragraph 19 above. <br />SCOPE AND EFFECT OF CONSENT ORDER <br />22. The Parties agree and acknowledge that this Consent Order constitutes a full and final) settlement <br />of the civil penalties associated-with the violations cited herein and in the NOV /CDO. <br />23. This Consent Order is subject to the Division's "Public Notification- on Administrative Enforcement <br />Actions Policy," which includes a thirty day public comment period. The Division and Twentymile <br />Coal each reserve the right to withdraw consent to this Consent Order if comments received during <br />the thirty day period result in any proposed modification to the Consent Order. <br />24.. This Consent Order constitutes a final agency order or action upon the date when the Executive <br />Director or his designee imposes the civil penalty following the public ,comment period. Any <br />violation of the provisions of this Consent Order by Twentymile Coal, including any false <br />certifications, shall be a violation of a final order or action of the Division for the purpose of &25 -8- <br />608, C.R.S., and may result in the assessment of civil penalties of up to ten thousand dollars per <br />day for each day during which such violation occurs. <br />25. Notwithstanding paragraph 18 above,'the violations. described in -this consent Order will constitute <br />part of Twentymile Coal's compliance history. <br />LIMITATIONS, RELEASES AND RESERVATION OF RIGHTS AND LIABILITY . <br />26. Upon the effective. date of this Consent Order, and during its term, this Consent Order shall stand <br />in lieu of•any other enforcement action by the Division with respect to civil penalties for the <br />specific instances of violations cited herein and in the NOV /CDO. The Division reserves the right to <br />bring any action to' enforce this Consent Order, including actions for penalties or the collection <br />thereof, and /or injunctive relief. <br />27. This Consent Order does not grant any release of liability for any violations not specifically Cited <br />herein. <br />28. Twentymile Coal reserves its rights and defenses regarding the Facility other than proceedings to <br />enforce this Consent Order. <br />29. Nothing in this Consent'Order shall preclude the Division from imposing additional requirements <br />necessary to protect human health or the - environment -and to effectuate • the purposes of the <br />Consent ,Order. Nor shall anything ih this Consent Order preclude the Division from imposing <br />additional requirements-in the event that additional information is discovered that indicates such <br />requirements are necessary to protect human health or the environment. . <br />Twentymile Coal LLC 1C•O L O R A D O <br />Compliance Order on Consent 81 Dep»t�,Qadrueu�• <br />Page 4 of 6 <br />