2016-05-08_ENFORCEMENT - M2005070

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M-2005-070 Consent Agenda Form May 18, 2016 Page 2 of 3 Corrective Action(s): Require the Operator to submit a conversion application to increase the size of the current 110c Reclamation Permit to include the affected lands outside of the approved permit boundary. The Operator shall submit the conversion application within 90 days of the mailing date of the Board Order, with all material in an approvable form within 180 days of the mailing date of the Board Order. Civil Penalty: Pursuant to C.R.S. § 34–32.5–123(2) an operator who operates without a permit shall be subject to a civil penalty of not less than $1,000.00 per day, nor more than $5,000.00 per day for each day during which such violation occurs. In this case, there are 54 days of violation from the signature date of the inspection report (April 29, 2016) to the June 22, 2016 Board Meeting; the Board may assess a civil penalty of $54,000.00 to $270,000.00. The Board will assess a civil penalty of $1,000.00 per day of violation for 54 days, for a civil penalty amount of $54,000.00 with all but $1,000.00 suspended if the Operator complies with the corrective action. The portion of the civil penalty not suspended, $1,000.00, shall be due and payable within thirty (30) days of the effective date of the Board Order. If the Operator does not comply with the corrective actions set forth in the Order, then the suspended penalties, $53,000.00, shall be due and payable. Failure to submit any due and unpaid civil penalties shall result in immediate submittal of such penalties to State collections.