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COMPLIANCE ORDER ON CONSENT <br />Io the Mattes orCEME}~ SIC. <br />AIRS # Ol3/0003 <br />that there are several permit hygiene issues that need to be rectified during the Title V permit <br />renewal process. Cemex Title V renewal application is due in Febnraty 2004. Specifically there <br />are two dust collectors for CKD storage that are not permitted. These aze identified as plant <br />equipment #525-28 (dust collector for silo A5) and #825-7 (CKD Loadout spout dust collector). <br />This process was relocated from the waste dust silo and dust collector in 1996. The underlying <br />construction permit (Permit No. 98B00315) does not list this equipment relocation. Instead, it <br />improperly shows the existing dust collectors for silo AS and A2 (#825-3) and cement loading <br />spout (#825-4) controlling this process. That construction permit design was changed after the <br />initial approval permit was issued, and a final permit was never obtained. The error was not <br />corrected in the Title V permitting process. <br />34. The Division and Cemex entered into settlement discussions for the violations as <br />determined by the Division. The Parties reached a settlement agreement that is detailed in this <br />Consent Order. <br />III. ORDER and AGREEMENT <br />Based on the foregoing factual and legal determinations, pursuant to its authority under § 25-7- <br />115, C.R.S., and in satisfaction of the violations identified herein, the Division orders, and <br />Cemex agrees to the following: <br />35. Cemex agrees to the terms and conditions of this Consent Order. Cemex agrees <br />that this Consent Order constitutes an order issued pursuant to § 25-7-115, C.R.S., and is an <br />enforceable requirement of Part 7 of the Act. Cemex also agrees not to challenge: <br />a. The issuance of this Consent Order; <br />b. The factual and legal determinations made by the Division herein; and <br />c. The Division's authority to bring, or the court's jurisdiction to hear, any action to <br />enforce the teens of this Consent Order under the Act. <br />36. Notwithstanding the above, Cemex does not admit to any of the factual or legal <br />determinations made by the Division herein, and any action undertaken by Cemex pursuant to <br />this Consent Order shall not constitute an admission of liability by Cemex with respect to the <br />conditions of the Facility. Specifically Cemex asserts that there has been no off-site transport of <br />fugitive dust during any of the above inspections, and no harm to human health or the <br />environment. <br />Compliance Requirements <br />37. Effective immediately, Cemex shall: <br />a. Use the emissions factors specified in the applicable permit conditions for all <br />7 <br />