2016-08-22_ENFORCEMENT - M2000018

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M-2000-018 Consent Agenda Form August 12, 2016 Page 2 of 3 and safety, until corrective actions have been resolved to the satisfaction of the Division and the MLRB. 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 conversion application shall address the re-establishment of the prevailing hydrologic balance. 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. 34-32.5-124(7) a person who violates any provision of a permit shall be subject to a civil penalty of not less than $100.00 per day, nor more than $1,000.00 per day for each day during which such violation occurs. Please note, a violation of C.R.S. 34-32.5-116(4)(h) and C.R.S. 34-32.5-116(4)(i) constitutes a violation of a permit provision, specifically condition 1 of the May 2, 2000 issued permit. In this case, there are 62 days of violation from the signature date of the RTB letter (July 29, 2016) to the September 28, 2016 Board Meeting; the Board may assess a civil penalty of$6,200.00 to $62,000.00. The Board will assess a civil penalty of$500.00 per day of violation for 62 days, for a civil penalty amount of$31,000.00 with all but $500.00 suspended if the Operator complies with the corrective actions. The portion of the civil penalty not suspended, $500.00, 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, $30,500.00, 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.