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<br /> <br />COMPLIANCE ORDER AND ASSESSMENT OF CIVIL PENALTY <br />IN THE MATTER OF COSTILLA COUNTY BOARD OF COMMISSIONERS <br />CIVH. PENALTY CALCULATION FOR COSTILLA COUNTY <br />BOARD OF COMMISSIONERS <br />Violation of Air Quality Control Commission Regulation No. 1., Section II.C.I. Open burning <br />without a permit. <br />L Factors to consider in determining the amount of civil penalty pursuant to <br />Section 25-7-IZ2, C.RS., as amended. <br />1. The Violator's Compliance History. No previous violation documented for <br />Costilla County. County has a small population and is considered a small source of emissions for <br />references in penalty assessment. <br />$500.00 <br />2. Good Faith Efforts On Behalf Of The Violator To Comply. Source is <br />attempting to comply. No increase in penalty is assessed. <br />$0000.00 <br />3. Payment By The Violator Of Penalties Previously Assessed For The Same <br />Violation. No previous payment required. No increase in penalty is assessed. <br />$0000.00 <br />4. Economic Benefit Of Noncompliance To The Violator. Economic benefit <br />realized by County by the burning of material. While no figures for economic benefit are available, <br />a base benefit of $500 is assessed. <br />$500.00 <br />5. Impact On, Or Threat To, The Public Health Or Welfare Or The Environment <br />As A Result Of The Violation. Impact to environment by conducting unpermitted open burning. <br />Increase in the penalty is assessed. <br />$500.00 <br />6. Malfeasance. No willful wrong doing has been established. No increase in penalty <br />is assessed. <br />$0000.00 <br />7. Whether Legal And Factual Theories Were Advanced For Purposes Of Delay. <br />No theories have been advanced. No increase in penalty is assessed. <br />$0000.00 <br />Page 8 <br />