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violates or fails to comply with the conditions of an order,permit, or regulation. <br /> Evidence indicates that the water treatment facility has been under construction at <br /> the site since June 2010. The Board may impose a penalty based on up to 365 days of <br /> violation at $100 to $1,000 per day for a civil penalty of$36,500 to $365,000. <br /> ORDER <br /> The Board finds the Operator in violation of section 34-32.5-116(1), C.R.S. for <br /> failing to comply with the reclamation plan under permit number M-2004-009. <br /> The Board finds the Operator in violation of section 34-32.5-116(4)(j), C.R.S. <br /> and Rule 3.1.6(3) for failing to stabilize and protecting topsoil to control erosion. <br /> The Board finds the Operator in violation of section 34-32.5-116(4)(g), C.R.S. <br /> for failing to salvage topsoil prior to stockpiling shale. <br /> The Board finds the Operator in violation of its performance warranty under <br /> section 34-32.5-117(2), C.R.S. <br /> The Operator shall CEASE AND DESIST all activities at the site except <br /> activities currently approved by the Division. <br /> The Board imposes the following CORRECTIVE ACTIONS against the <br /> Operator: <br /> A. The Operator shall, within 30 days of the effective date of this <br /> order, submit a permit amendment application to change the post-mining <br /> land use and describing the Operator's current plans to reclaim the site, with <br /> all information approvable within 120 days of the effective date of this Order. <br /> B. The Operator shall, within 30 days of the Division's approval of <br /> the permit amendment application ordered herein, post the bond amount as <br /> required by the permit amendment. If the Division does not approve the <br /> permit amendment application, the Operator shall, within 30 days of the <br /> Division's disapproval of the permit amendment, post an interim bond in the <br /> amount of an additional $365,000. <br /> The Board imposes a CIVIL PENALTY for 100 days of violation at $1,000 per <br /> day for a total civil penalty of$100,000. All but $36,500 of the penalty is suspended <br /> if the Operator complies with the corrective action in the time specified. The <br /> portion of the civil penalty not suspended, $36,500, shall be due and payable within <br /> thirty (30) days of the effective date of this Order. <br /> Asphalt Specialties Co., Inc. <br /> M-2004-009 <br /> MV-2012-020 4 <br />