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3. On October 5, 2005, the Division sent Notice ofViolation MV-2005-028 to the Operator <br />in which the Division set forth the events described above and the reasons for issuing a <br />violation. The Division assessed a civil penalty of $281.00 against the Operator for failure <br />to submit an annual report and annual fee. The Division also notified the Operator that <br />unless the annual report was submitted and the annual fee and civil penalty were paid by <br />November 2, 2005, the Board would hold a hearing on November 17, 2005 to consider <br />permit revocation and financial warranty forfeiture. <br />4. The Division received no response to its October 5, 2005 Notice of Violation and the <br />required annual report, annual fee and civil penalty were not received. <br />The Boazd has jurisdiction over this matter pursuant to Sections 34-32.5-104 and 105 of the <br />Act. <br />6. At a hearing held before the Board on November 17, 2005, the Boazd ordered the permit <br />revoked and the financial warranty forfeited pursuant to Sections 34-32.5-118 and 124 of <br />the Act. <br />7. The Division received the required report, annual fee and civil penalty on January 10, 2006. <br />No action was taken to forfeit the applicable financial warranty. The Division now <br />recommends that in response to the Operator's request, the Board reinstate the permit. <br />8. Based on the Division's recommendation, and to encourage payment of the annual fees, it is <br />appropriate for the Board to reinstate the terminated permit. <br />M-1983-037 Wyman <br />