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12. By failing to post additional financial warranty within sixty days from <br />the date of the Division's written notice of adjustment, Operator is in violation of <br />section 34-32.5-117(4)(c)(II), C.R.S. and Rule 4.2.1(2). <br />13. Under section 34-32.5-124(6)(a), C.R.S., if the Board finds that an <br />operator violated a permit provision, the Board may suspend, modify, or revoke <br />such permit. By violating provisions of the Act, Operator is in violation of <br />Provisions of the permit, specifically the performance warranty. Suspension, <br />modification, or revocation of the permit is appropriate. <br />14. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br />and desist order when it finds that an operator has failed to comply with any <br />Provision of the Act, a permit, or regulation. <br />15. The Board may impose a civil penalty of not less than $100 per day or <br />more than $1,000 per day for each day during which a violation occurs. § 34-32.5- <br />124(7), C.R.S. (2018). Here, the Board may impose a penalty based on sixty-four <br />(64) days of violation (from the February 19, 2019 due date for the financial <br />warranty increase to the April 24, 2019 hearing) at $100 to $1,000 per day, for a <br />civil penalty of $6,400 to $64,000. <br />16. The Board may find a financial warranty subject to forfeiture where an <br />Operator failed to cure a default under a performance warranty despite written <br />notice of the default and ample time to cure such default. § 34-32.5-118(1)(b), <br />C.R.S. (2018). Operator's violation of provisions of the Act and the permit constitute <br />Operator's default under its performance warranty. Operator defaulted on its <br />performance warranty, received written notice of the default, and failed to cure such <br />default. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />finds the Operator in violation of section 34-32.5-117(4)(c)(II) and Rule 4.2.1(2) for <br />failure to post additional financial warranty within 60 days of the date of notice of <br />adjustment. <br />The Board orders that permit number M-2008-076 is REVOKED. <br />Operator shall CEASE AND DESIST any further operation activities at the <br />site, except those approved by the Division, in writing, as necessary to comply with <br />the conditions of this Order, prevent damage to offsite areas, or to protect public <br />health and safety, until corrective actions have been resolved to the satisfaction of <br />the Division. <br />Robinson Sons, Inc. <br />M-2008-076/Robinson Sons Gravel Pit No. 1 <br />MV -2019-005 <br />3 <br />