Laserfiche WebLink
<br />-2- <br />STAFF RECOMMENDATION <br /> <br />Violation(s): Find a violation of Rule 3.1.7 (2) of the Construction Material Rules <br />and Regulations for failure to establish permit conditions protective of <br />unclassified groundwater pursuant to procedures specified under Rule 3.1.7 (3) (b) <br />(ii) (A). <br />CEASE AND DESIST ORDER: <br />Issue a Cease and Desist Order prohibiting further use of the pit as a source of <br />material or landfill until permit conditions ~ Point(s) of Compliance are either <br />approved by the Division for the pit or determined not to be necessary. <br />Corrective Action(s): Require the County to comply with the procedures <br />described under Rules 3.1.7 (3) and 3.1.7 (6) to establish permit conditions for <br />groundwater and Point(s) of Compliance by July 1, 1997 Q to demonstrate, to <br />the Division's satisfaction, that such are not necessary by that date. <br />CIVIL PENALTY <br />(A civil penalty cannot be issued by the Board against permitted Constraction <br />Material Exp[oratiort Operations, C.RS. 34-32.5-124(7).) <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 <br />shall be subject to a civil penalty of not less than $100.00 per day nor more than <br />$1000.00 per day for each day during which such violation occurs. <br />If the Board chooses, they may suspend all or a portion of the civil penalty to <br />encourage timely compliance with corrective actions. <br />The Board may also suspend all-or a portion of the civil penalty based on the <br />permittee's efforts to correct the violation prior to the Board hearing. The <br />permittee has completed the following actions as of October 17. 1995 <br />in order to correct the violation(s): Submittal of a groundwater <br />monitoring plan. <br />96NO4 <br />M:\min\shale\PrePonnt.hbh <br />