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COMPLIANCE ORDER ON CONSENT <br />to the Maser of CEMEX, INC. <br />AIRS N 013/0003 <br />a. A detailed description of the SEP as implemented; <br />b. A description of any operating problems encountered and the solutions thereto; <br />c. Itemized costs documented by copies of purchase orders and receipts or canceled <br />checks; <br />d. Certification that the SEP has been fully implemented pursuant to the provisions <br />of this Consent Order; and <br />e. A description of the environmental and public health benefits resulting from <br />implementation of the SEP (with quantification of the benefits and pollutant <br />reductions, if feasible). <br />56. Unless both parties agree to another date in writing, the SEP must be completed <br />to the satisfaction of the Division by December 31, 2004, and must be operated for the useful life <br />of the SEP. If Cemex fails to fully and satisfactorily implement a SEP within this time period or <br />fails to operate the 5EP for its entire useful life, the Division shall provide written notice of such <br />failure and a demand for payment of the amount of One Hundred Forty-Nine Thousand Eight <br />Hundred and Forty Dollars ($149,840.00). Notwithstanding the approval of any SEP <br />expenditures previously submitted to the Division, the amount of One Hundred Forty-Nine <br />Thousand Eight Hundred and Forty Dollars ($149,840.00) shall be paid to the Division within <br />thirty (30) calendar days of receipt of a demand for payment by the Division. <br />57. Cemex shall include in any public statement, oral or written making reference to <br />the SEP the following language: "This project was undertaken in connection with the settlement <br />of an enforcement action taken by the Colorado Department of Public Health and Environment, <br />Air Pollution Control Division, for violations of air quality laws and regulations." <br />IV. SCOPE AND EFFECT OF CONSENT ORDER <br />58. The Parties agree and acknowledge that this Consent Order constitutes a full and <br />final resolution of the matters addressed herein, and further agree not to challenge the terms and <br />conditions of this Consent Order in any proceeding before any administrative body or any <br />judicial forum, whether by way of direct judicial review or collateral challenge. <br />59. This Consent Order constitutes a final agency order upon execution by Cemex <br />and the Division and shall be enforceable by either party in the same manner as if the Division <br />had entered this Consent Order without agreement by Cemex. The Parties agree that any <br />violation of the provisions of this Consent Order by Cemex concerning the Act, or its <br />implementing regulations, shall be a violation of a final order of the Division for the purposes of <br />§§ 25-7-115, 121, and 122, C.R.S., and may result in the assessment of civil penalties of up to <br />Fifteen Thousand Dollars ($15,000.00) per day for each day of such violation. <br />13 <br />