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M-1980-244 <br /> Consent Agenda Fonu <br /> May 24, 2016 <br /> Page 2 of 3 <br /> Staff Recommendation: <br /> Violation: Find the Operator in violation of C.R.S. §34-32-121.5 and Rule 8.1(b), for failure to <br /> notify the Office, as soon as reasonably practicable, but no later than 24 hours, after the Operator <br /> has knowledge of a failure or imminent failure of any Environmental Protection Facility <br /> designed to contain or control designated chemicals or process solutions as identified in the <br /> permit. Additionally, find the Operator in violation pursuant C.R.S. §34-32-124(1), for failure to <br /> comply with a condition of the permit regarding capacity of the secondary containment structure <br /> of the Environmental Protection Facility. Specifically, this is a violation of Amendment 10, <br /> Volume 1, Exhibit U, Sections 6.3.2 and 6.4. <br /> Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further vat leach tank <br /> activities at the High Grade Mill, until the approved secondary containment capacity is <br /> reestablished. Once reestablished, the approved secondary containment capacity shall be <br /> maintained. <br /> Corrective Action(s): Require the Operator to submit a Technical Revision to address <br /> enhancements to the capacity of primary containment and tank battery to minimize spills from <br /> the tank(s). The Technical Revision shall also address enhancements to the capacity and <br /> maintenance(method and schedule for clean out activities to restore capacity) of secondary <br /> containment. The Operator shall file the Technical Revision with the Division within 30 days of <br /> the effective date of the Board Order. <br /> Civil Penalty: Pursuant to C.R.S. §34-32-124(7) an operator who violates any provision of a <br /> permit shall be subject to a civil penalty of not less than$100 per day, nor more than$1,000 per <br /> day for each day during which such violation occurs. In this case, there are 47 days of violation <br /> from the signature date of the RTB, May 6,2016, to the June 22, 2016 Board Meeting; the Board <br /> may assess a range of civil penalty from $4,700 to $47,000. <br /> The Board will assess a civil penalty of$1,000 per day of violation for 47 days, for a civil <br /> penalty amount of$47,000, with all but$1,000 suspended if the Operator complies with the <br /> corrective action. <br /> The portion of the civil penalty not suspended, $1,000, 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, $46,000.00, 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 />