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~inr, ....I ~n ~-~s-6J3, .....5. (1982), you are required to <br />.,u cci~ to try 1`ic ~,on nn ans aer admitting cr denying each paragraph of the <br />Plndings of :•act any responding to the i:otice of Violation. Section 603 also <br />provides that the recipient of a No[ice of Violation may request the Division <br />to conduct a hearing to determine the validity of the No[ice, including the <br />iir,dings of Fact. Such request shall be filed in c+n-icing with the Division. <br />Both the answer and the request for hearing, if any, shall be filed 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. 1'ou are also advised t}iat any person who violates <br />any provision of any permit issued under 25-8-101 Co 703, C.R.S. (1982 and <br />1985 supp.) or any provision of 25-8-101 to 703, C.R.S. (1962 and 1985 supp.) <br />or any final Cease and Desist Order or Clean-Up Order shall be subject to a <br />civil penalty of not more [h an $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 />].985 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 whicls results in a spill or discharge of oil or <br />other substance which may cause pollution of the waters of the state, shall <br />notify 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 />Not-liing 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 Slater Quality Control Act, <br />sections 25-8-101 to 703, C.R.S. (1982 and 1985 supp.). <br />-5- <br />