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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 knoxn as the Texas Creek Gravel Pit, located in La <br />Plata County. A reviex of the Division's Permit files indicates that a permit <br />has never been issued for this operation. <br />Should tiie gravel pit continue to operate xithout first obtaining a valid <br />emission permit you rill be subject to enforcement action in accord xith <br />Section 25-7-121(1) (court injunction) CRS, xhich reads in part as folloxs: <br />"In t:he event aqy person fails to comply xith a final order of the boarti, <br />the division, or the commission that is not subject to stay pending admin- <br />istrative reviex, or in the event any person constructs, modifies, or com- <br />mences 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, may request the district attorney for the district in xhich the alleg- <br />ed violation occurs or the attorney general to bring, and if so requested <br />it is his duty to bring, a suit for an injunction to prevent aqy further <br />or continued violation of such order 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 providod by Section 25-7-122(1)(b), CRS, which reads as folloxs: <br />"Any person rho violates the requirements of Section 25-7-114(4) regarding <br />construction, 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 txenty-five thousand dollars per day for each day of opera- <br />tion after receipt of the notice of noncompliance or violation." <br />Finally, you are also subject to a $100.00 civil penalty, in addition to the <br />above cited penalty, as provided by Section 25-7-122(1)(c), CRS, which reads <br />as follows: <br />"Aqy person failing to comply with the provisions of Section 25-7-114(1) <br />shall 'be subject to a civil penalty of not more then one hundred dollars." <br />. ..i _,..,.. «e.. <br />