_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

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(2) Vice of such orders shall : •
(a) contain the provisions alleged to he violated;
(b) contain the facts alleged to constitute the violation;.
(c) set forth the time by which the alleged violation,
acts or practices must be terminated:
® (d) contain , at the Board 's discretion , proposed
corrective action:
(e) be served upon the operator or his agent for service,
personally or by certified mail return receipt
requested.
124(7) (3) Any person who violates any provision of any permit issued
under this article shall be subject to a civil penalty of
not less than one hundred dollars per day nor more than
one thousand dollars per day for each day during which such
violation occurs ; except that any operator who onerates
under a permit issued under Rule 3 shall be subject to a
civil penalty of not less than fifty dollars nor more than
two hundred dollars per day.
124(3) 8.23 Injunctive Relief
( 1 ) In the event any operator fails to comply with a Cease
and Desist (Order, the Board may request the Attorney
General to bring suit for a temporary restraining order,
a preliminary injunction , or a permanent injunction to
prevent any further or continued violation of such order.
(2) If the Board determines that the situation is an emergency,
the emergency shall be given precedence over all other
matters pendina in such court.
® 8.24 If a hearing is held pursuant to the provisions of this section ,
it shall be open to the public and conducted in accordance with
the provisions of the ''State Administrative Procedure Act'',
Article 4 of Title 24 , C .R.S . 1973• The Board shall permit
all parties to respond to the notice served , to present evidence
and arauments on all issues , and to conduct cross-examination
required for a full disclosure of the facts.
8. 3 Surety Forfeiture
The Attorney General , upon request of the Board, shall institute pro-
ceedings to have the surety of the operator forfeited for violation
by the operator of an order entered pursuant to Section 8.2. Before
making such request of the Attorney General , the Board shall notify
the operator in writina of the alleged violation of or noncompliance
with such order and shall afford the operator the right to appear
before the Board at a hearing to be held not less than thirty days
after the receipt of such notice by the operator. At the hearing
the operator may present for the consideration of the Board state-
ments , documents , and other information with respect to the alleged
violation. After the conclusion of the hearings , the Board shall
either withdraw the notice of violation or shall request the .Attorney
General to institute proceedings to have the surety of the operator
forfeited as to the land involved.
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