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COMPLIANCE ORDEA ON CONSENT <br />In the Matter of CEMEX, INC. <br />AIRS # 013!0003 <br />control equipment as soon as practicable after approval of such permit application. Cemex shall <br />not operate the A-Frame until such dust control equipment is permitted and operating. The <br />application for a permit revision shall include an amendment to Attachment A to the <br />construction permit to remove the requirement for a stacker belt conveyor with an adjustable <br />dischazge height, unless Cemex installs such control equipment incompliance with the <br />construction permit. Cemex shall conduct a performance test of the A-Frame's dust control <br />equipment as soon as practicable after construction of such dust control equipment. Cemex shall <br />provide the Division with a minimum of thirty (30) days notice of the scheduled performance <br />test. <br />46. Cemex shall submit to the Division a Title V renewal application with the <br />appropriate changes, including a request to modify Permit No. 950PB0082 to incorporate the <br />terms and conditions identified in paragraphs 36 (b and c) through 44 above as well as other <br />clarifying modifications within thirty (30) calendar days of the effective date of this Consent <br />Order. <br />47. Cemex shall, within sixty (60) calendar days of the effective date of this Consent <br />Order, submit the following documentation to the Division: <br />a. Revised Annual Compliance Certifications for years 2000, 2001 and 2002 <br />reflecting the actual compliance status of the Plant, including that of the A-Frame <br />operation from February 2000 through December 2002; and <br />b. Revised APENs reflecting the actual (uncontrolled) PM and PM~o emissions from <br />the A-Frame for the period from April 2001 through August 2003. <br />48. Based on the APENs submitted by Cemex and identified in paragraph 46(b) <br />above, the Division shall calculate the fees for the excess emissions from the Plant's A-Frame <br />from April 2001 through August 2003, and Cemex shall pay these additional fees within fifteen <br />(15) calendaz days of receipt of the Division's request for such payment. <br />Administrative Penalri Requirements <br />49. Based upon the factors set forth in § 25-7-122, C.R.S., the Division has <br />determined a penalty in the amount of Thirty-Seven Thousand Four Hundred and Sixty Dollars <br />($37,460.00) against Cemex is appropriate and consistent with the Division's policies for <br />violations of the Act and its implementing regulations cited in Section II of this Consent Order. <br />Cemex agrees to pay the sum of Thirty-Seven Thousand Four Hundred and Sixty Dollars <br />($37,460.00) in administrative penalties. Payment is due within thirty (30) calendar days of the <br />effective date of this Consent Order by certified or cashier's check drawn to the order of <br />"Colorado Department of Public Health and Environment" and delivered to the attention of <br />Legal Administrator, Air Pollution Control Division, 4300 Cherry Creek Drive South, Denver, <br />Colorado 80246-1530. <br />50. The Plant is a stationary source that is subject to the noncompliance penalty <br />provisions of the Act as set forth in § 25-7-115(5xaxi), C.R.S., and is required to calculate and <br />I1 <br />