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<br />Pursuant to C.R.S. 25-8-603, you are required to eubmi~ to the <br />Division an answer admitting or denying each paragraph of the F'ndinge of Fact <br />and responding to the Notice of Violation. Section 603 also pr video that the <br />recipient of a Notice of Violation may request the Division to onduct a <br />hearing to determine the validity of the Notice, including the indinge of <br />Fact. Such request shall be filed in writing with the Division Both the <br />answer and the request for hearing, if any, shall be filed no 1 ter than 30 <br />days after issuance of this order. The filing of an answer doe not <br />constitute a request for hearing. Absent such a request, the v lidity of the <br />factual allegations and the Notice of Violation shall be deemed established in <br />any subsequent proceeding. You are also advised that any perso who violates <br />any provision of any permit issued under C.R.S. 25-B-101 to 703 or any <br />provision of C.R.S. 25-8-101 to 703, or any final Cease and Dee at Order or <br />Clean-Up Order shall be subject to a civil penalty of not more han $10,000 <br />per day for each day during which such violation occurs. Furth r, any person <br />who recklessly, knowingly, intentionally, or with criminal negl gents <br />discharges any pollutant into any state waters commits criminal pollution of <br />state waters if such discharge is made in violation of any permit issued under <br />C.A.S. 25-8-101 to 703, or in violation of any Cease and Deaiat Order or <br />Clean-Up Order issued by the Division. You are further advised that any <br />person engaged in any operation or activity which results in a pill or <br />discharge of oil or other substance which may cause pollution o the waters of <br />the state, shall notify the Division of the discharge. If said person fails <br />to eo notify, said person is guilty of a misdemeanor, and may b fined or <br />imprisoned or both. <br />Nothing herein contained, particularly those portions quirinq <br />certain acts to be performed within a certain time, shall be co trued as a <br />permit or license, either to violate any provisions of the publi health laws <br />and regulations promulgated thereunder, or to make any discharge into state <br />waters. <br />For further clarification of the rights of recipients o Notices of <br />Violation, including the potential imposition of penalties and p seible <br />criminal liability, you are advised to consult the Water Quality Control Act, <br />sections 25-8-101 to 703, C.R.S. <br />Issued at Denver, Colorado, this 17Th day of 4iiq~ict ~ , 19 yQ. <br />COLORADO DEPARTMENT ~F HEALTH <br />Division of Administ ation <br />J. DAVID HOLM <br />Director <br />Water Quality contro Division <br />-3- <br />