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i ~~ RECElN~i~ JAN 0 6 2004 Diaision of Minerals & Caology COLORADO DEPARTMENT OF PUBLIC HEALT$ AND ENVDtONMENT AIIt POLLUTION CONTROL DIVISION STATIONARY SOURCES PROGRAM BEFORE THE AIR POLLUTION CONTROL DIVISION COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STATE OF COLORADO COMPLIANCE ORDER AND ASSESSMENT OF CIVIL PENALTY In the matter of Agile Stone Systems, Inc. Case No. 2001-099 This Compliance Order is being issued by the Colorado Department of Public Health and Environment ("CDPHE"), throughthe Air Pollution Control Division ("Division"), to Agile Stone Systems, Inc. ("Agile") pursuant to the Division's authority under § 25-7-I 15(3)(b), C.R.S., as amended. I. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Agile owns and operates the aggregate mining pit known as the Pazkdale Quarry ("the Quarry"), located at 40245 W. U.S. Highway SQ in Canon City, Fremont County, Colorado. The Quarry, which includes portable crushing and screening equipment, is subject to the following: a. Construction Permit Nos. 97P00598, 97P00603 and O1P00474; and b. Air Quality Control Commission ("AQCC") Regulation No. 6, Part A, which incorporates by reference 40 C.F.R. Part 60, Subpart 000, Standazds of Performance for Nonmetallic Mineral Processing Plants ("Subpart 000"). 2. Several complaints regarding dust from the Quarry were registered by a commercial rafting operation and neazby residents during the period from August 10, 2000 through July 9, 2001. Although subsequent on-site and off=site surveillance failed to identify significant visible emission problems, Mr. Jeff Riddle, the Quarry's Plant Superintendent, was made awaze of the complaints. 3. On July 12, 2001, Ms. Dena Wojtach, of the Division, conducted a U.S. Environmental Protection Agency Reference Method 9 ("Method 9") opacity measurement of emissions at the transfer point from the secondary cone crusher to a conveyor belt at the Quarry.