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COMPLIANCE ORDER ON CONSENT <br />In rLe Matter of CEMEX, INC. <br />AIRS # 013/0003 <br />60. The Parties' obligations under this Consent Order are limited to the matters <br />expressly stated herein or in approved submissions required hereunder. All submissions made <br />pursuant to this Consent Order are incorporated into this Consent Order and become enforceable <br />under the terms of this Consent Order as of the date of approval by the Division. <br />61. The Division's approval of any submission, standard, or action under this Consent <br />Order shall not constitute a defense to, or an excuse for, any prior violation of any requirement <br />under the Act, or any implementing regulations under the Act, or any subsequent violation of any <br />requirement of this Consent Order, the Act, or its regulations. <br />62. Entering into this settlement shall not constitute an admission of violation of the <br />air quality laws by Cemex, nor shall the Division or any third party infer it to be such an <br />admission by Cemex in any administrative or judicial proceeding. The described violation will <br />constitute part of Cemex' compliance history for any purpose for which such history is relevant, <br />including considering the violation described above in assessing a penalty for any subsequent <br />violations, in accordance with the provisions of § 25-7-122, C.R.S, against Cemex. <br />63. Cemex shall comply with all applicable Federal, State, and/or local laws and <br />regulations and shall obtain all necessary approvals or permits to conduct the investigation and <br />remedial activities required by this Consent Order and perform its obligations required <br />hereunder. The Division makes no representation with respect to approval and permits required <br />by Federal, State, or local laws or regulations other than those specifically referred to herein. <br />64. Nothing herein shall be construed as prohibiting, altering, or in any way limiting <br />the ability of the Division to seek any other remedies or sanctions available by virtue of Cemex' <br />violation of this agreement or of the statutes and regulations upon which this agreement is based, <br />or for Cemex' violation of any applicabie provision of law. <br />V. LIMITATION RELEASES AND RESERVATION OF RIGHTS AND <br />LIABILITY <br />65. Upon the effective date of this Order on Consent, and during its term, this <br />Consent Order shall stand in lieu of any other enforcement action by the Division with respect to <br />the violations cited herein. This Consent Order does not grant any release of liability for any <br />violations, regardless of when they occurred, that are not cited in this Consent Order. The <br />Division reserves the right to bring any action it deems necessary to enforce this Consent Order. <br />66. Nothing in the preceding paragraph shall preclude the Division from imposing <br />additional requirements necessary to protect human health or the environment pursuant to the <br />terms of this Consent Order. Nor shall anything in this Consent Order preclude the Division <br />from imposing additional requirements in the event that new information is discovered that <br />indicates such requirements are necessary to protect human health or the environment. <br />67 Cemex reserves its rights and defenses regarding liability in any proceedings <br />regarding the Facility other than proceedings to enforce this Consent Order. <br />14 <br />