2017-07-13_ENFORCEMENT - M1999050

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Connell Resources,Inc. Timnath Connell Pit,Consent Agreement Page 2 of 3 piezometer on the Timnath property and four on the Swift property to the south. The results of the monitoring was to be submitted to the Division with the annual reports. At the time of the May 15, 2017 inspection,the Division had received monitoring data from April 12, 1999 to February 26, 2004. As reported by the Operator,groundwater monitoring ceased in 2006. The Division had not authorized cessation of the approved groundwater monitoring program. STAFF RECOMMENDATION Violation: Find a violation of Construction Materials Rule 1.15(1)(c),for failure to provide all monitoring information required as part of the approved Reclamation Plan with the Annual Report, and pursuant to C.R.S. 34-32.5-124,for failure to comply with the conditions of the permit. Cease and Desist Order: Not applicable. Corrective Action: Order the Operator to conduct monthly monitoring of the remaining seven monitoring wells. Results of the groundwater monitoring shall be submitted to the Division with the annual report due on the anniversary date of the permit, due each year on December 9. Order the Operator to file a Technical Revision with the Division within 60 days of the effective date of the Board Order, updating the groundwater monitoring plan. Civil Penalty: Pursuant to C.R.S. 34-32.5-124(7) a person who violates any provision of a permit issued under C.R.S. § 34-32.5-101 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. In this matter,the Board may assess a civil penalty of$3,400 to$34,000 for 34 days of violation. The 34 days of violation are calculated from the date of the RTB,June 22, 2017,to the July Board meeting, July 26, 2017. In this matter,the Division will assess a civil penalty of$3,400 based on 34 days of violation at$100 per day. The Board will suspend all but$1,000 of the assessed civil penalty to encourage timely compliance from the Operator. The unsuspended portion of the civil penalty, $1,000, is due within 30 days of the effective date of this Board Order. Failure by the Operator to comply by the Board Order due date shall result in the suspended portions of the civil penalty, $2,400, becoming effective and due.