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<br />Pursuant to section 25-8-603, C.R.S. 01982), you are required to <br />submit to the division an answer admitting or denying each paragraph of the <br />findings of fact and responding to the notice of violation. Section 603 also <br />provides that the recipient of a ^otice of violation may request the division <br />to conduct a heating to determine the validity of the notice, including the <br />findings of far[. Such request shall be filed in writing with Che division. <br />Both the aoswer and the request for hearing, if any, shall be filed no later <br />thaw 30 days after issuance of this order. The filing of an answer does not <br />coostitute 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 />an7 subsequent proceeding. You are also advised that any person who violates <br />any provision of any permit issued under 25-8-101 Co 703, C.R.S. (1982 and <br />1485 supp.) or any provision of 25-8-101 to 703, C.R.S. (1982 and 1985 supp.) <br />or any fi®al Cease and Desist order or clean-up order shall be subject to a <br />civil penalty aE not more than 310,000 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 eaters 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 />1983 supp.), or in violation of any Cease and Desist order,or clean up order <br />issue! by the division. You are further advised that any person engaged in <br />any operation or activity which results in a spill or discharge of oil or <br />other substznce 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 6e 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 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 />VL~latl~n, including the potential imposition of penalties and possible <br />criminal liability, you are advised to consult the !dater Quality Control Act, <br />sections 25-8-101 to 703, C.ft.S. (1982 and 1985 supp.). <br />Issued at Denver, Colorado, Chis 1st day of August lq SG <br />COLORADO DEPARTPIENT OF HEALTH <br />Division of Administratior. <br />w ;~ <br />CARY G. BROETZPGIN <br />Director <br />Water Quality Control Division <br />ldA,YG/D7/4468D <br />-3- <br />