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~- <br />Randy Neil <br />October 4, 1985 <br />page 2 <br />It has come to the attention of the Air Pollution Control Division that your <br />firm oxns a gravel pit known as the Texas Creek Gravel Pit, located in La <br />Plata County. A review of the Division's Permit files indicates that a permit <br />has never been issued for this operation. <br />Should the gravel pit continue to operate without first obtaining a valid <br />emission penait you will be subject to enforcement action in accord with <br />Section 25-7-121(1) (court injunction) CRS, which reads in part as follows: <br />"In -the event any person fails to comply with a final order of the board, <br />the division, or the commission that is not subject to stay pending admin- <br />istre~tive reviex, or in the event arty person constructs, modifies, or com- <br />mencers operation of any air pollution source in violation of Section <br />25-7-•114(4), the board, the division, or the commission, as the case may <br />be, m.ay request the district attorney for the district in which the alleg- <br />ed violation occurs or the attorney general to bring, and if so requested <br />it is his duty to bring, s suit for an injunction to prevent arty further <br />or continued violation of such older or of Section 25-7-114(4)." <br />Also be advised that you are subject to civil penalties up to 25,000 der day <br />as provided by Section 25-7-122(1)(b), CRS, xhich reads as follows: <br />"Arty person who violates the requirements of Section 25-7-114(4) regarding <br />const~vction, modification, or commencement of operation of an air pollu- <br />tion source xithout such a permit shall be subject to a civil penalty of <br />not more than twenty-five thousand dollars per day for each day of opera- <br />tion t~fter receipt of the notice of noncompliance or violation." <br />Finally, you are also subject toe 100.00 civil penalty, in addition to the <br />above cited penalty, as provided by Section 25-7-122(1)(c), CRS, vhich reads <br />as follows: <br />"Arty person failing to comply xith the provisions of Section 25-7-114(1) <br />shall be subject to a civil penalty of not more than one hundred dollars." <br />