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COMPLIANCE ORDER ON CONSENT <br />in the Mattes of CEME3~ INC. <br />AIRS # 013/0003 <br />pay any economic benefit derived from the noncompliance issues described above. The Division <br />has approved Cemex' calculated noncompliance and economic benefit penalty of Ninety-Four <br />Thousand Eight Hundred and Thirty-Nine Dollazs ($94,834.00) and Cemex shall pay the penalty <br />within thirty calendar (30) days of the effective date of this Consent Order. Such payment shall <br />be made by certified or cashier's check as described in paragraph 48. <br />51. For the period April 1, 2004 through December 31, 2004, Cemex shall pay <br />stipulated penalties in the amount of $10,000 per month for each month that it exceeds the <br />180,000-ton per-yeaz limit on the amount of clinker handled at the outdoor clinker storage area, <br />POlOA. The calculation of the 180,000 ton per year permit limit on the amount of clinker <br />handled at the outdoor storage area (P010) for the purposes of 2004 shall begin on April 1, 2004 <br />as the A frame will not be in operation until that date. Payment of such stipulated penalties shall <br />be due 30 days after the end of the month of such violation, and shall be made by certified or <br />cashier's check as described in paragraph 48. Cemex shall comply with the permit limit on the <br />amount of clinker handled at the outdoor clinker storage azea after December 31, 2004. This <br />provision for stipulated penalties for such violations shall not apply after December 31, 2004. <br />Violation of such limit after December 31, 2004 shall be subject to enforcement as a new <br />violation of a permit term. <br />Supplemental Environmental Project Requirements <br />52. In order to settle the matters contained herein, and in addition to the penalties <br />identified in the "Administrative Penalty Requirements" section above, Cemex agrees to perform <br />a Supplemental Environmental Project ("5EP"), which the Parties agree is intended to secure <br />significant environmental or public health protection and improvements. Cemex's total <br />expenditure for the SEP shall be not less than One Hundred Forty-Nine Thousand Eight Hundred <br />and Forty Dollars ($149,840.00). Cemex is currently performing an engineering analysis for <br />SEP projects and will provide the Division with a SEP proposal within 180 calendaz days of the <br />Effective date of this Consent Order If the Division rejects this proposal, Cemex shall have 60 <br />days after receiving notice of this rejection to submit an alternate SEP proposal for consideration <br />by the Division. <br />53. The SEP proposal and the SEP shall comply with CDPHE's SEP Policy. <br />54. The SEP performed by Cemex may not be any project that it is required to <br />perform or develop by any federal, state or local law or regulation, and it may not be one that <br />Cemex is required to perform or develop by any agreement, grant or injunctive relief in this or <br />any other case. Cemex hereby certifies that it has not received, and is not presently negotiating <br />to receive, credit in any other enforcement action for the SEP. <br />SS. Unless both parties agree to another date in writing, Cemex shall submit a SEP <br />Completion Report to the Division by December 31, 2004. Cemex agrees that failure to submit <br />the SEP Completion Report with the required information, or any periodic report, shall be <br />deemed a violation of this Consent Order and Cemex shall become liable for penalties as a <br />violation of this Consent Order. The SEP Completion Report shall contain the following <br />information: <br />12 <br />