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constitute a request for hearing. Absent such a request. the validity <br />of the factual allegations and the Notice of Violation shall he deemed <br />established in any subsequent proceeding. You are also advised that <br />any person who violates any provision of any permit issued under <br />C.R.S. 25-8-101 to 703 or any provision of C.R.S. 25-8-101 to 703 or <br />any final Cease and Desist Order or Clean-up Order shall be subiect to <br />a civil penalty of not more than 310,000 per day for each day during <br />which such violation occurs. Further, any person who recklessly. <br />knowingly. intentionally, or with criminal negligence discharges any <br />pollutant into any state waters commits criminal pollution of state <br />waters if such discharge is made in violation of any permit issued <br />under C.R.S. 25-8-101 to 703, or in violation of any Cease and Desist <br />Order or Clean-up Order issued by the Division. You are further <br />advised that any person engaged in any operation or activity which <br />results in a spill or discharge of oil or other substance which may <br />cause pollution of the waters of the state, shall notify the Division <br />of the discharge. Zf said person fails to so notify, said person is <br />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 <br />as a permit or license, either to violate any provisions of the public <br />health laws and regulations promulgated thereunder, or to make any <br />discharge into state waters. <br />For further clarification of the rights of recipients of Notices <br />of Violation, including the potential imposition of penalties and <br />possible criminal liability, you are advised to consult the Water <br />Quality Control Act, sections C.R.S. 25-8-101 to 703. <br />Issued at Denver. Colorado, this ~ day of ~~f~LC/ <br />19 ~. <br />COLORADO DEPARTMENT OF HEALTH <br />Division of Administration <br />PAUL FERRARO <br />DIRECTOR <br />WATER QUALITY CONTROL DIVISION <br />- 6- <br />