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<br />Randy Neil <br />October 4, 1985 <br />page 2 <br /> <br />It has come to the attention of the Air Pollution Control Division that your <br />film oxns a gravel pit knpxn as the SeYas Creek Gravel Pit, located in La <br />Plata County. A reviex off' the Division's Permit files indicates that s permit <br />has never been issued for this Gperation. <br />Should the gravel pit continue to operate without first obtaining a valid <br />emission permit you will be subject to enforcement action in accord xith <br />Section 25-7-121(1) (court injunction) CRS, which reads in part as follows: <br />"In the event any person fails to comply xith a final order of the board, <br />the division, or the commission that is not subject to stay pending admin- <br />istrative reviex, or in the event aq}r person constructs, modifies, or com- <br />mences operation of aqy air pollution source in violation of Section <br />25-7-114(4), the board, the division, or the commission, as the case may <br />be, may request the district attorney for the district in which the alleg- <br />ed violation occurs or the attorney general to bring, and if so requested <br />it is hie duty to bring, a suit for an injunction to prevent any further <br />or continued violation of such order or of Section 25-7-114(4)•~~ <br />Also be advised that you are subject to civil penalties up to X25,000 der <br />as provided by Section 25-7-122(1)(b), CRS, xhich reads as folloxs: <br />"Arty person rho violates thg requirements of Section 25-7-114(4) regarding <br />construction, modification, or commencement of operation of an air pollu- <br />tion source xithout shch a permit shall be subject to a civil penalty of <br />not more than twenty-~ive thousand dollars per day for each day of opera- <br />tion after receipt of .the notice of noncompliance or violation." <br />Finally, you are also subject to a 100.00 civil penalty, in addition to the <br />above cited penalty, as provided by Section 25-7-122(1)(c), CRS, which reads <br />as folloxs: <br />"Any person failing to comply with the provisions of Section 25-7-114(1) <br />shall be subject to a civil penalty of not more than one hundred dollars." <br />3d <br />i~~ <br />