Laserfiche WebLink
Division on an annual basis. Accordingly, the Operator has violated section 34- <br /> 32.5-124(1), C.R.S. <br /> 15. 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. The Operator has violated section 34- <br /> 32.5-124(1), C.R.S. <br /> 16. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less <br /> than $100 per day nor more than $1,000 per day for each day during which an <br /> operator violates or fails to comply with the conditions of an order, permit, or <br /> regulation. Here, the Board may impose a penalty of$4,800 to $48,000 for 48 days <br /> of violation. <br /> ORDER <br /> The Board finds the Operator in violation pursuant to section 34-32.5-124(1), <br /> G.R.S. for failing to comply with the conditions of permit number M-2010-071. <br /> The Operator shall complete the following CORRECTIVE ACTIONS: <br /> A. Submit an amendment application to the Division to update the <br /> approved mining and reclamation plans and maps as well as the hydrologic <br /> evaluation for the site to address the new reservoir construction. Operator <br /> shall submit the amendment application within ninety days of the effective <br /> date of this Order, with all materials approvable within statutory deadlines; <br /> B. Operator shall submit all past-due quarterly groundwater level <br /> monitoring data, for the years 2016 through 2020, within fourteen days of the <br /> effective date of this Order. <br /> The Board imposes a CIVIL PENALTY for 48 days of violation at $100 per day <br /> for a total civil penalty of$4,800. All but $1,000 of the penalty is suspended if the <br /> Operator complies with the corrective action in the time specified. The portion of the <br /> civil penalty not suspended ($1,000) shall be due and payable within thirty days of <br /> the effective date of this Order. Failure to timely complete the corrective action set <br /> forth in above shall result in the suspended civil penalty ($3,800) becoming due and <br /> payable in full. <br /> City of Lafayette <br /> M-2010-071 <br /> MV-2021-008 3 <br />