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<br />~J <br />enforcement action for violations that occur after th~t date. <br />ORDER <br />16. BMRI shall pay a civil penalty in the amou <br />$168,900.00 to the Division within 30 days of the eff <br />of this order. The civil penalty is based on a penal <br />rate of $900.00 per day for 173 days between October <br />April 7, 1992; plus a penalty at the rate of $400.00 <br />33 between September 13 and October 16, 1991. The hi <br />for the period between October 17, 1991 and April 7, <br />to the deliberate and willful nature of the violation <br />failure to report the elevated levels to the Division <br />by the permit. The lower rate is assessed for the pe <br />BMRI received the results of the analysis of the Sept <br />samples. The amount of the penalty is also based on <br />to wildlife posed by the elevated cyanide levels. <br />t of <br />ctive date <br />y at the <br />7, 1991 and <br />er day for <br />her rate <br />992 is due <br />and BMRI's <br />as required <br />iod before <br />tuber 13 <br />he threat <br />17. The Division may issue a cease and desist rder as <br />necessary to prevent continued violations of the permit. <br />18. BMRI shall bring the cyanide levels in the tailings <br />slurry and the ponds into compliance with the permit rovisions <br />by no later than June 24, 1992. The Division and BMR and any <br />other party wishing to do so, shall provide the Board with a <br />report on detoxification efforts at the Board meeting to be held <br />on June 24 and 25, 1992. At that time, the Board may order addi- <br />tional corrective actions if the level of cyanide has not been <br />reduced to within the limits specified in the permit.' <br />19. The Division, and any other party wishing o do so, <br />shall provide the Board with monthly reports at its r gularly <br />scheduled meetings concerning the implementation of t e measures <br />specified in the Abatement Requirements. The reports shall con- <br />tinue until the Board issues an order to discontinue he reports. <br />20. BMRI shall perform the measures specified in the <br />Abatement Requirements. Several of the abatement mea ures <br />require BMRI to modify the permit. For such abatement measures, <br />BMRI shall submit an appropriate application to amend or revise <br />the permit by the deadline specified. Applications t amend the <br />permit shall be processed pursuant to the statutory a regula- <br />tory provisions for permit amendments. Applications f r a tech- <br />nical revision required by the Abatement Requirements shall be <br />processed as follows: <br />a. BMRI shall provide copies of the application) to Ms. <br />-3- <br />