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r ^`.+.r Duane Woodard Attorney General Charles B. Howe Chief Deputy Attorney General Richard H. Forman Solicitor General of co ~II II~I~~I~~~I~~ I~~ ~~ 9 999 fC' ~ ~r\m C N ~~1-^'y~ tl O •*~~r, ~• lg7b ul~r ~tatr of C~nlar>x~n DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL November 10, 1988 Russell E. Wienecke Claremont Exploration, Inc. P.O. Box 549 Claremore, Oklahoma 74018 Dear Mr. Wienecke: STATE SERVICES BUILDING 1525 Sherman Street Denver, Colorado 80203 Phone B66-3611 8 866-3621 RECEIVED rrov i c ~9se MINED LAND RECLAMATION DIVISION This letter outlines the position of the Mined Land Reclamation Division (Division) as to the liability of Dugan Production Corp., Flagg-Redfein Oil Co., and Claremont Exploration, Inc. with respect to mining activities at La Plata Coal Mine. Under §7-60-113, C.R.S. (1986), a partnership is liable for any penalty incurred by any partner acting in the ordinary course of the business of the partnership. In addition, under §70-60-135, C.R.S. (1986), the power to bind the partnership continues after the dissolution of the partnership unless notice of the dissolu- tion is given. The relevant events of the mine may be summarized as follows: the partnership was dissolved on June 4, 1987 but no notice of the dissolution was given to the Division until July 20, 1987; between June 23, 1987 and July 14, 1987 La Plata Coal Corp. oper- ated the mine without a permit; two cessation orders were issued by the Division on June 25, 1987 and July 14, 1987 for mining without a permit and for failure to abate such cessation order. Subsequent to the notice of dissolution a permit was granted to La Plata Coal Corp. and additional mining occurred. La Plata Coal Corp. later incurred additional notices of violation. The Board has assessed a penalty in the amount of $13,750 for the two cessations orders issued on June 25 and July 14, 1987. The Board ordered the penalty paid by January 15, 1988, but such payment has not been received. Because the acts upon which this penalty is based occurred prior to the notification of the dissolution of the partnership, the partnership is liable for the payment of the penalty. Failure to pay the amount of $13,750 by November 18, 1988 will result in the listing of all members of the partnership with the Applicant Violator System, and legal action for collec- tion of the penalty.