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achieved the extension which it sought, and believes that the civil penalty assessed <br /> is disproportionate to any violation. <br /> 11. Given the circumstances, CMC challenges the exaction of the maximum <br /> civil penalty, requesting either that the assessment be suspended, or, that a lesser <br /> penalty for what amounts to a procedural misunderstanding be assessed. <br /> 12. CMC requests suspension of the civil penalty assessed, or, in the <br /> alternative, assessment of a civil penalty of$50 per day from May 21, 2019 to June <br /> 12, 2019, when further compliance became temporarily impossible due to the denial <br /> by Division, or $1100.00. <br /> 13. CMC incorporates here by reference its June 21, 2019 Motion "Colorado <br /> Milling Company, LLC's Motion to Postpone or Stay Enforcement Hearing, For <br /> Extension of Review and Decision Date, And For Exemption to Cease and Desist <br /> Order To Allow Pump Testing", including its more extensive timeline and factual <br /> statements. <br /> ARGUMENT <br /> 1. CMC justifiably relied on Division's 3 statements that it supported a 30- <br /> day extension and amendment of the Board's agenda for the June 26, 2019 <br /> meeting. <br /> 2. Division's support for an extension was rationale and justified, as Division <br /> sent its 4th Adequacy Response on the date of the May 21, 2019 deadline. <br /> 3. The violation is centered on this procedural misunderstanding rather than <br /> an egregious violation of either the Board's Order or in complying with its <br /> permit. <br /> 4. The civil penalty of$7200 is disproportionate to any violation and should <br /> be suspended or reduced to $50 per day from May 21, 2019 until June 12, <br /> 2019, when processing of AM-1 stopped and compliance with the Order <br /> became impossible. <br /> 3 <br />