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CDFHE W(lC0 ~ar. ~0~-732-OdcO IV. SCOPE AND EFFECT OF ORDER Mau 10 ^~0 13~~d I F. 03 1. This Order is issued pursuant to the authority delegated to CDPHE under t}te federal Clean Water Act, 33 U.S.C. •§§ 1251 et sec. Pursuant to such authority, thb C~VQCA created the Division and authorized it to reach settlement in actions bro eht under the CWQCA and the regulations promulgated thereunder. See §§ 25-3-301 to -308; §§ 25-8-401 to -?06; §§ 25-8-601 to -602 C.R.S. 2. This Order becomes effective upon the issuance of an Order for Civil Pen~ty, consistent with paraeraph 7 in the preceding sectton, by the Executive Director, o her designee. .. If the Executive Director or her designee fails to approve the Order and im ose the civil penalties as stipulated herein, this Order shall be rendered null and void a d of no effect. BMRI; HMGC, and the Division shall then be entitled to exercise any a d all rights, options, procedures or appeals as authorized by law. 4. BMRI and BMGC agree not to exercise their right under section 25-8-6082), C.R.S., to appeal the civil penalties outlined in Section III of this Order. 5. BMRI and BMGC agree that this Order has the same effect and force as a tnal Cease and Desist Order pursuant to section 25-8-605, C.R.S., and the violation of y term contained herein is subject to action under sections 25-8-605 to -608, C.R.S. 6. Battle Ivtountain neither admits nor denies any of the factual or legal determinations made by the Division herein, and any actions undertaken by Battle Mountain pursuant to this Order, and any statement, term, or provision of this Or r agreed to by Battle Mountain shall not be construed as an admission of liability b Battle iViountain with respect to its operations, or conditions at the San Luis Mine, or the violations alleged by CDPHE. Battle Mountain expressly preserves, and shall be accorded, the right to challen?e any and all factual or legal assertions of any alleg d violations that are the subject of this Order in any further proceeding or proceedin s which may take place outside of the confines of this administrative action and ez essly reserves all rights and defenses it has with respect to it or otherwise. The entry in o this Order or performance of its terms shall not be construed as an exprer or implied ~, admission of liability by Battle Mountain in this or any other proceeding. I 7. Nothing in this Order shall be construed to create any rights in, or grant cause of action to, any person not a party to this Order. The preceding sentence shall no be construed to waive or nullify the claims any person not a signatory to [his Order ay have under applicable law. CDPHE and Battle Mountain each reserve any and al rights, defenses, claims, demands, and causes of action that each party may have with re pact to any matter, transaction, or occurrence relating in any way to the San Luis Mine a ainst any party not a party to this Order.