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• R. ,. J.L. ar.~ .. .. Sc~ Apr.' '_8, 109.: Pale 2 Should the mine operate without first obtaining a valid emiss~on permit you rill be subject to enforcement action in accord with Section 5-7-121(1) (court in,iunction) CRS, which reads in part as follows: "In the event anv person fails to comply with a final ord r of the board, the division, or the commission that is not subject to st v pending admin- istrative review, or in the event ai~v person constrvcts, odifies, or com- mences operation of arty air pollution source in violation of Section 25-~-114(4), the board, the division, or the commission, s the case may he, may request the district attorney for the district in which the alleg- ed violation occurs or the attorney general to bring, and if so requested it is his duty to bring, s suit for an inunction to prev nt any further or continued violation of such order or of Section 25-7-1 4(4)." Also be advised that you are subject to civil penalties up to~$25,000.~ day ae provided by Section 25-7-122(1)(b), CRS, which reads as fo lows: "Ar~v person who violates the requirements of Section 25-7 114(4) regarding construction, modification, or commencement of operation fan air pollu- tion source without such a permit shall be subject to a evil penalty of not more than twenty-five thousand dollars per day for ea day of opera- tion after receipt of the notice of noncompliance or viol tion." Finally, you are also subject to a $100.00 civil penalty, in e~ddition to the above cited penalty, as provided by Section 25-7-122(1)(c), CpIS, which reads as follows: "Arty person failing to comply with the provisions of Section 25-7-114(1) shall be subject to a civil penalty of not more than one ndred dollars." If you submit an APEN and permit application with all necessa information, a preliminary analysis of proposed air pollution control measur s rill be made to insure compliance with sll applicable air cualitp control egulations and standards. If no problems are found, an initial approved pe it will be issued allowing you to operate at that time. YOUR OPERATION WITHOUT A PERMIT IS ILLEGAL. No operations wi 1 be conducted until such time as an emission permit has been obtained or ac ion may be taken under the above cited Sections of Title 25, Article 7. CRS. If you have ar~~ questions, please contact me. Si nc~~r/el~y , / / Scott J.~,i ller Air Pollution Cont m 1 Division SJM/zp cc: Steve DeFeyter, Mesa County Health Dept. Bob Hykan, Attorney General's Office Steve Frey, EPA Jim McArdle, Mire Land Reclamation/ Denver Off1CP File