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On October 5, 2005, the Division sent Notice ofViolation MV-2005-028 to the Operator <br />in which the Division set forth the events described above and the reasons for issuing a <br />violation. The Division assessed a civil penalty of $281.00 against the Operator for failure <br />to submit an annual report and annual fee. The Division also notified the Operator that <br />unless the annual report was submitted and the annual fee and civil penalty were paid by <br />November 2, 2005, the Boazd would hold a hearing on November 17, 2005 to consider <br />permit revocation and financial warranty forfeiture. <br />4. The Division received no response to its October 5, 2005 Notice of Violation and the <br />required annual report, annual fee and civil penalty have not been received. <br />The Board has jurisdiction over this matter pursuant to Sections 34-32.5-104 and 105 of the <br />Act. <br />6. Pursuant to Section 34-32.5-124 of the Act, the Board may revoke a permit if the Board <br />determines that a violation of a permit provision has occurred. <br />7. Pursuant to Section 34-32.5-118 of the Act, the Board has authority to order the forfeiture of <br />a financial wananty if an operator fails to undertake corrective actions. <br />8. Because the Division has not received an annual report, annual fee or civil penalties, it is <br />appropriate for the Board to conclude that the Operator violated the terms of his permit. It is <br />therefore appropriate for the Board to revoke the Operator's permit pursuant to Section 34- <br />32.5-124 of the Act. <br />9. Because the Division has not received an annual report, annual fee or civil penalties, it is <br />appropriate for the Boazd to conclude that the Operator failed to undertake corrective actions <br />identified in the Notice of Violations in violation of Section 34-32.5-118 of the Act. It is <br />M-1983-037 Wvman <br />