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