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13. Each day the dischazges remain in the South Platte River, its adjacent wetlands and its side channels and tributaries without the required permit issued pursuant to section 404 of the Act, 33 U.S.C. § 1344, constitutes an additional day of violation of section 301 of the Act. 14. Pursuant to Section 309(8) of the Act, 33 U,S.C. §1319(8), EPA will consult with J. David Holm, Director, Water Quality Division, Colorado Dept. of Health regarding assessment of this administrative penalty by furnishing a copy of this complaint and inviting him to comment on behalf of the State of Colorado. III. Notice of Proposed Order Assessing A Civil Penalty Based on the foregoing Findings of Violation, and pursuant to the authority of Section 309(8) of the Act, 33 U.S.C. §1319(8), EPA Region VIII hereby proposes to issue a Final Order Assessing Administrative Penalties to Hall-Irwin Corporation, Peter and Cindy Baurer and Cazl Eiberger assessing a penalty in the amount of $137,500. The proposed penalty amount was determined by EPA after taking into account the nature, circumstances, extent and gravity of the violation or violations, and the Respondents' prior compliance history, degree of culpability for the cited violations, any economic benefit or savings accruing to Respondents by virtue of the violations, and Respondents' ability to pay the proposed penalty, all factors identified at Section 309(8)(3) ofthe Act, 33 U.S.C. §1391(8)(3). The reasoning behind this proposed penalty is detailed in the analysis attached hereto and incorporated herein as Exhibit 1. EPA may issue the Final Order Assessing Administrative Penalties thirty days after Respondents' receipt of this Notice, unless Respondents, within that time, request a hearing on this Notice pursuant to the following section. IV. Notice of Opportunity to Request A Hearing 1. Respondents may, pursuant to Section 309(8) of the Act, 33 U.S.C. §1319(8), request within thirty days of receipt of this Notice a hearing on the proposed civil penalty assessment, and at the hearing may contest any material fact contained in the Findings of Violation at Section II above, and the appropriateness of the penalty amount. The procedures for the hearing, if one is requested, are set out in The Consolidated Rules of Practices Governing the Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits, 40 C.F.R. Part 22, a copy of which is attached.