GENERAL41634 - Laserfiche WebLink

Home Browse Search

COMPLIANCE ORDER ON CONSENT In the Mains of CEMEX, INC. AIRS # 013/0003 68. Upon the effective date of this Consent Order, Cemex releases and covenants not to sue the State of Colorado as to all common law or statutory claims or counterclaims arising from, or relating to, the violations of the Act or the Regulations specifically addressed herein. 69. Cemex shall not seek to hold the Division liable for any injuries of damages to persons or property resulting from acts or omissions of Cemex, or those acting for or on behalf of Cemex, including its officers, employees, agents, successors, representatives, contractors or consultants in carrying out activities pursuant to this Consent Order. Cemex shall not hold out the Division as (a) a party to any contract entered into by Cemex in carrying out activities pursuant to this Consent Order; or (b) an owner, operator of generator of hazardous wastes at the Facility. Nothing in this Consent Order shall constitute an express or implied waiver of immunity otherwise applicable to the Division, its employees, agents or representatives. T0. The Division reserves the right to bring any action or to seek civil or administrative penalties for any past, present, or future violations of the Act and its implementing regulations, not specifically addressed herein, Further, the Division has the right to bring any action to enforce this Consent Order and to seek authorized penalties for any violation of this Consent Order. VI. NOTICES 71. Unless otherwise specified, any report, notice or other communication required under the Consent Order shall be sent to: For the Division: Garry Kaufman Legal Administrative Specialist Colorado Department of Public Health and Environment MS: APCD-SS-B1-1400 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 For Cemex: Sohn Lohr Plant Manager Cemex, Inc. P.O. Box 529 Lyons, Colorado 80540-0529 VII. OBLIGATIONS UNAFFECTED BY BANHItUPTCY 72. The obligations set forth herein are based on the Division's police and regulatory authority. These obligations require specific performance by Cemex of corrective actions carefully designed to prevent on-going or future harm to public health or the environment, or both. A petition does not stay enforcement of these obligations in bankruptcy. Cemex agrees that the penalties set forth in this Consent Order are not in compensation of actual pecuniary loss. Further, the obligations imposed by this Consent Order are necessary for Cemex and the Facility to achieve and maintain compliance with State law. 15