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` ~ i <br />1, - <br />CEASE AND DESIST ORDER <br />r` <br />r <br />Based upon the foregoing findings of fact and notice of violation, <br />and pursuant to the provisions of 25-8-605, C.R.S. (1482), I hereby order you <br />to: <br />1. immediately cease and desist all discharges of wastewater into <br />state waters which are in violation of the permit; <br />2. submit to the division, in writing, wichin 10 days after <br />issuance of this order, a detailed statement of the measures you have taken or , <br />plan to take to achieve compliance with paragraph 1 of this order; <br />3. submit to the division, in writing, within 10 days of issuance <br />of this order, a statement of your intent to comply herewith. <br />Pursuant to section 25-8-603, C.R.S. (1982), you are required to <br />submit to the division an answer admitting or denying each paragraph of the <br />findings of fact and responding to the notice of violation. Section 603 also <br />provides that the recipient of a notice of violation may request the division <br />to conduct a hearing to determine the validlty of the notice, including the <br />findings of fact. Such request shall 6e filed in writing with the division. <br />Both the answer and the request for hearing, if any, shall be filed no later <br />than 30 days after issuance of Chis order. The filing of an answer does not <br />constitute a request for hearing. Absent such a request, the validity of the <br />factual allegations and the notice of violation shall be deemed established in <br />any subsequent proceeding. You are also advised that any Berson who violates <br />any provision of any permit issued under 25-8-101 to 703, C.R.S. (1982) or any <br />provision of 25-8-101 to 703, C.R.S. (1982) or any final Cease and Desist <br />order or clean-up order shall 6e subject to a civil penalty of not more tha^ <br />$10,000 per day For each day during which such violation occurs. Further, any <br />person who recklessly, knowingly, intentionally, or with criminal negligence <br />discharges any pollutant into any state waters commits cziminal pollution of <br />state waters if such discharge is made in violation of any permit issued under <br />25-8-101 to 703, C.R.S. C1982), or in violation of any Cease and Desist order <br />or clean up order issued by the division. You are further advised that any <br />person engaged in any operation or activity which results in a spill or <br />discharge of oil or other substance which may cause pollution of the waters of <br />the state, shall notify the division of the discharge. If said person fails <br />to so notify, said person is guilty of a misdemeanor, and may be fined or <br />imprisoned or both. <br />Be further advised that pursuant to 25-8-608, C.K.S. (1982), any <br />person who violates any provision of the Water Quality Control Act, 25-8-101, <br />et. s~ce ., C.R.S. (1982) or any permit issued under the aforementioned act or <br />any final cease and desist order or clean-up order shall he subject to a civil <br />penalty of not more than $10,000 per day for each day during which such <br />violation occurs. <br />Nothing herein contained, particularly those portions requiring <br />certain acts [o be performed wichin a certain time, shall be construed as a <br />permit or license, either to violate any provisions of the public health laws <br />and regulations promulgated thereunder, or to make any discharge into state <br />waters. <br />-4- <br />