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COMPLIANCE ORDER AND ASSESSMENT OF CI VII, PENALTY IN THE MATTER OF COST[LLA COUNTY BOARD OF COMMISSIONERS IV. CII'VIL PENALTIES 1. After due consideration of those factors listed in sections 25-7-122(2)(a), and (b), C.R.S., as amended, the Division has assessed a civil penalty in the amount of $1,125.00 against Costilla County for violation of section 25-7-123(2)(a) and (b) and the Colorado Air Quality Control Commission Regulation No. I, Section II.C.1. A penalty calculation sheet is attached for reference. 2. Due to the mitigating factors presented in the case, the Division is suspending the $1,125.00 penalty providing that Costilla County complies with s11 Air Quality Control Commission Regulations and there are no future open burning violations at this facility between the effective date of this order and April 1, 1996. Also, the suspension of the civil penalty is contingent on Costilla County closing the Fort Garland Landfill and establishing a transfer station to handle solid waste for disposal at an approved landfill site. This must be done by March 1, 1996. The dismissal of the $1,125.00 penalty amount will occur automatically by operation of time if the requirements of this paragraph are met and will not require any action by the Division. 3. If Costilla County fails to comply with the requirements set forth in Section IV.2 above, the $1,125.00 portion of the civil penalty which was suspended in IV.2 above shall become immediately due and payable and shall be paid by Costilla County to the Colorado Department of Public Health and Environment within 30 days of receipt of notice of noncompliance with the above requirements. The penalty shall be sent to Legal Administrator, Air Pollution Control Division, Colorado Department of Public Health and Env'vonment, Mail Code APCD-SS-B 1, 4300 Cherry Creek Drive South, Denver, Colorado 80222-L530. V. OPPORTUNITY TO APPEAL Pursuant to section 25-7-1 IS(4)(a), C.RS., as amended, Costilla County has the right to file a written petition with the Air Quality Control Commission within twenty (20) days of receipt of this Compliance Order, requesting a hearing to determine any one or all of the following items. Whether the alleged violation or noncompliance exists or did exist. 2. Whether a revision of the State Implementation Plan or revision of a regulation or standazd which is not part of the State Implementation Plan should be implemented with respect to such violations or noncompliance. 3. Whether the owner or operator is subject to civil or noncompliance penalties under section 25-7-I 15(5), C.R.S., as amended. The Air Quality Control Commission's Procedural Rules, at section V.G.I .a., mandates that Page 4