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<br />ORDER <br />16. BMRI shall pay a civil penalty in the amount of <br />$168,900.00 to the Division within 30 days of the effe five date <br />of this order. The civil penalty is based on a penalty at the <br />rate of $900.00 per day for 173 days between October 1 1991 and <br />April 7, 1992; plus a penalty at the rate of $400.00 p~r day for <br />33 between September 13 and October 16, 1991. The hig~er rate <br />for the period between October 17, 1991 and April 7, 1992 is due <br />to the deliberate and willful nature of the violation end BMRI's <br />failure to report the elevated levels to the Division as required <br />by the permit. The lower rate is assessed for the period before <br />BMRI received the results of the analysis of the September 13 <br />sam les. The amoun penal-ty--is-~-srT bid on t rea~- <br />to wildlife posed by the elevated cyanide levels. <br />- 17. The Division may issue a cease and desist o der as <br />necessary to prevent continued violations of the permi . <br />18. BMRI shall bring the cyanide levels in the ailings <br />_t `. ,, i slurry and the ponds into compliance with the permit p ovisions <br />~! ,k~ by no later than June 24, 1992. The Division and BMRI and any <br />(,other party wishing to do so, shall provide the Board ith a <br />i-r report on detoxification efforts at the Board meeting o be held <br />on June 24 and 25, 1992. At that time, the Board may rder addi- <br />tional corrective actions if the level of cyanide has of been <br />reduced to within the limits specified in the permit. <br />19. The Division, and any other party wishing t do so, <br />shall provide the Board with monthly reports at its re ularly <br />scheduled meetings concerning the implementation of th measures <br />specified in the Abatement Requirements. The reports hall con- <br />tinue until the Board issues an order to discontinue t e reports. <br />20. BMRI shall perform the measures specified i the <br />Abatement Requirements. Several of the abatement meas res <br />require BMRI to modify the permit. For such abatement measures, <br />BMRI shall submit an appropriate application to amend r revise <br />the permit by the deadline specified. Applications to amend the <br />permit shall be processed pursuant to the statutory an regula- <br />tory provisions for permit amendments. Applications f r a tech- <br />nical revision required by the Abatement Requirements hall be <br />processed as follows: <br />a. BMRI shall provide copies of the application to CCCD <br />and PASS by the deadline specified in the Abatem~nt <br />Requirements. <br />-3- <br />