Laserfiche WebLink
Pursuant to section 25-8-603, C.R.S. (1982), }~ou a:e required to <br />submit io the Division an answer admitting or denying each paragraph of tide <br />Findings of Fact and responding to the Notice of Violation. Section 603 also <br />provides that the recipient of a Notice of Violation may request the Division <br />to conduct a hearing to determine tt~e validity of the Notice, including the <br />Findings of Fact. Such request shall be filed in writing with the Division. <br />Both the answer and the request for hearing, if any, shall be tiled no later <br />than 30 days after issuance of this order. The filing of an answer does not <br />constitute a request for hearing. Absent such a request, the validity of the <br />factual allegations and the Notice of Violation shall be deemed established in <br />any subsequent proceeding. You are also advised that any person who violates <br />any provision of any permit Sssued under 25-8-101 to 703, C.R.S. (1982 and <br />1987 supp.) or any provision of 25-8-101 to 703, C.R.S. (1982 and 1987 supp.) <br />or any final Cease and Desist Order or CJ.ean-Up Order shall be subject to a <br />civil penalty of not more than $10,000 per day for each day during which such <br />violation occurs. Further, any person who recklessly, knowingly, <br />intentionally, or with criminal negligence discharges any pollutant into any <br />state waters commits criminal pollution of state waters if such discharge is <br />made in violation of any permit issued under 25-8-101 to 703, C.R.S. (1982 and <br />1987 supp.), or in violation of any Cease and Desist Order or Clean-Up Order <br />issued by the Division. You are further advised that any person engaged in <br />any operation or activity which results in a spill or discharge of oil or <br />other substance which may cause pollution of the waters of the state, shall <br />^otify the Division of the discharge. If said person fails to so notify, said <br />person is guilty of a misdemeanor, and may be fined or imprisoned or both. <br />Nothing herein contained, particularly those portions requiring <br />certain acts to be performed within a certain time, shall be construed as a <br />permit or license, either to violate any provisions of the public health laws <br />and regulations promulgated thereunder, or to make any discharge into state <br />waters. <br />For further clarification of the rights of recipients of Notices of <br />Violation, including the potential imposition of penalties and possible <br />criminal liability, you are advised to consult the tiater Quality Control Act, <br />sections 25-8-101 to 703, C.R.S. (1982 and 1987 supp.l. <br />f~ <br />