Laserfiche WebLink
<br /> <br />11. The ponds are each a 'point sotuce" as defined by 25-8-103(14), C.R.S. (1989 Repl. <br />Vol. 11A and 1992 Supp.). <br />12. At no time relevant to the above-stated facts did Trinidad Basin have an active permit <br />to authorize a discharge of pollutants into state waters from a point source. <br />NOTICE OF VIOLATION <br />You are hereby notified that the facts stated above constitute violations of 25-8-510(1), <br />C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.), which provides in pertinent part: "No person shall <br />discharge any pollutant into any state water from a point source without first having obtained a <br />permit from the Division for such discharge" for each day of discharge. <br />CEASE AND DESIST ORDER <br />Based upon the foregoing Findings of Fact and Notice of Violation, and pursuant to the <br />provisions of 25-8-605, C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.), I hereby order you to: <br />1. immediately take whatever measures necessary to cease and desist violating the Water <br />Quality Control Act, 25-8-101 to 703, C.R.S. (1989 Repl. Vol. I lA and 1992 Supp.), the Permit, <br />and regulations promulgated thereto; <br />2. submit to the Division, in writing, within 15 days after issuance of this order, a detailed <br />statement of the measures you have taken or plan to take to achieve immediate and long term <br />compliance with paragraph 1 of this order; <br />3. submit to the Division, in writing, within 10 days after issuance of this order a statement <br />of your intent to comply herewith. <br />Pursuant to section 25-8-603, C.R.S. (1989 Repl. Vol. 1lA and 1992 Supp.), you are <br />required to submit to the Division an answer admitting or denying each paragraph of the Findings <br />of Fact and responding to the Notice of Violation. Section 603 also provides that the recipient of <br />a Notice of Violation may request the Division to conduct a hearing to determine the validity of the <br />Notice, including the 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 filed no later than 30 days after <br />issuance of this order. The filing of an answer does not constitute a request for hearing. Absent <br />such a request, the validity of the factual allegations and the Notice of Violation shall be deemed <br />established in any subsequent proceeding. You are also advised that any person who violates any <br />provision of any permit issued under 25-8-101 to 703, C.R.S. (1989 Repl. Vol. 11A and 1992 <br />Supp.), or any provision of 25-8-101 to 703, C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.) or any <br />final Cease and Desist Order or Clean-Up Order shall be subject to a civil penalty of not more than <br />$10,000 per day for each during which such violation occurs. Further, any person who recklessly, <br />knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters <br />commits criminal pollution of state waters if such discharge is made in violation of any permit <br />issued under 25-8-101 to 703, C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.), or in violation of any <br />Cease and Desist Order or Clean-Up Order issued by the Division. You are further advised that <br />any person engaged in any operation or activity which results in a spill or discharge of oil or other <br />substance which may cause pollution of the waters of the state, shall notify the Division of the <br />