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'~ <br />You are further notified that the facts stated above constitute violations of Part I.B.8 of the <br />permit as follows: effluent parameters were not monitored for any discharges occurring for the <br />period of December 16, 1991 through September 30, 1992. <br />You are further notified that the facts stated above constitute violations of Part I.C.2 of the <br />permit as follows: The Discharge Monitoring Report for the period of December 16, 1991 through <br />September 30, 1992 was received by the Division after its due date of October 28, 1992. <br />CEASE AND DESIST ORDER <br />Based upon the foregoing Findings of Fact and Notice of Violation, and pursuant to the <br />provisions of 25-8-605, C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.), I hereby order you to: <br />1. immediately take whatever measures necessary to cease and desist violating the Water <br />Quality Control Act, 25-8-101 to 703, C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.), the Permit, <br />and regulations promulgated thereto; <br />2. submit to the Division, in writing, within 15 days after issuance of this order, a detailed <br />statement of the measures you have taken or plan to take to achieve immediate and long term <br />compliance with paragraph 1 of this order; <br />3. submit to the Division, in writing, within 10 days after issuance of this order a statement <br />of your intent to comply herewith; <br />4. submit to the Division, within 30 days after issuance of this order, copies of all individual <br />analytical results for any samples taken of any water associated with the operation or of the San <br />Miguel River. Include the location of the sample, the date the sample was taken, and the name of <br />[he lab analyzing the sample; <br />5. submit to the Division, within 30 days after issuance of this order, the dates which gravel <br />washing occurred at the operation since December 16, 1991. <br />Pursuant to section 25-8-603, C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.), you are <br />required to submit to the Division an answer admitting or denying each paragraph of the Findings <br />of Fact and responding to the Notice of Violation. Section 603 also provides that the recipient of <br />a Notice of Violation may request the Division to.conduct a hearing to determine the validity of the <br />Notice, including the Findings of Fact. Such request shall be filed in writing with the Division. <br />Both the answer and the request for hearing, if any, shall be filed no later than 30 days after <br />issuance of this order. The filing of an answer does not constitute a request for hearing. Absent <br />such a request, the validity of the factual allegations and the Notice of Violation shall be deemed <br />established in any subsequent proceeding. You are also advised that any person who violates any <br />provision of any permit issued under 25-8-101 to 703, C.R.S. (1989 Repl. Vol. 11A and 1992 <br />Supp.), or any provision of 25-8-101 to 703, C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.) or any <br />final Cease and Desist Order or Clean-Up Order shall be subject to a civil penalty of not more than <br />$10,000 per day for each during which such violation occurs. Further, any person who recklessly, <br />knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters <br />commits criminal pollution of state waters if such discharge is made in violation of any permit <br />