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14. 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 />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. <br />16. 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. (2020). Here, the Board may impose a penalty based on 61 days of <br />violation (from the July 23, 2021 due date for the financial warranty increase to the <br />September 22, 2021 hearing) at $100 to $1,000 per day, for a civil penalty of $6,100 <br />to $61,000. <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 />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 />The Board imposes the following CORRECTIVE ACTION: Colorado Farms <br />LLC shall submit an amendment to current financial warranty for the additional <br />amount of $32,990.00 or submit a new financial warranty reflecting the increase, to <br />a total of $51,632.00, within 30 days of the effective date of this Order. <br />The Board imposes a CIVIL PENALTY of $6,100.00 pursuant to section 34- <br />32.5-124(7), C.R.S. All but $500 of the total assessed civil penalty is suspended if <br />the Operator complies with the corrective action in the time specified. The $500.00 <br />in unsuspended civil penalties is due and payable within 30 days of the effective <br />date of this Order. If the Operator does not timely comply with the corrective <br />actions set forth in this Order, then the suspended penalties, $5,600.00, shall be due <br />and payable in full within 30 days of the deadline for completion of the corrective <br />action. Failure to timely submit any due and unpaid civil penalties shall result in <br />the immediate submittal of those penalties to State collections. <br />Colorado Farms LLC <br />M-1988-052/ Big R Pit <br />MV-2021-021 <br />