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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIItONMENT <br />AIR POLLUTION CONTROL DIVISION <br />STATIONARY SOURCES PROGRAM <br />COMPLIANCE ORDER ON CONSENT 2002-124 <br />In the Matter of Cemex, Inc. <br />The Colorado Deparnnent of Public Health and Environment ("CDPHE"), through the Air <br />Pollution Control Division ("Division"), issues this Compliance Order on Consent ("Consent <br />Order"), pursuant to the Division's authority under § 25-7-115(3)(b), C.R.S. of the Colorado Ait <br />Pollution and Prevention and Control Act ("the Act") §§ 25-7-101 to -1309, C.R.S., and its <br />implementing regulations, 5 CCR 1001,with the express consent of Cemex, Inc. ("Cemex"). <br />The Division and Cemex may be referred to collectively as "the Parties." <br />L STATEMENT OF PURPOSE <br />The mutual objectives of the Parties in entering into this Consent Order are: <br />1. To establish compliance requirements and criteria for the continued operation of <br />Cemex' Lyons Cement Plant ("the Plant") located at 5134 Ute Highway, in Lyons, Boulder <br />County, Colorado; and <br />2. To resolve the violations of the Act and regulations identified herein and as <br />determined by the Division and described below. <br />II. DIVISION'S FINDINGS OF FACT AND DETERMINATION OF VIOLATIONS <br />Based upon the Division's investigation into and review of the compliance issues identified <br />herein, and in accordance with § 25-7-115(2), C.R.S., the Division has made the following <br />determinations regarding violations of regulatory, statutory and/or permit requirements <br />associated with the Plant. <br />3. At all times relevant to the violations cited herein, Cemex was a Louisiana <br />Corporation in good standing and registered to conduct business in the State of Colorado. <br />4. The Plant, which includes activity at the Dowe Flats Quarry ("the Quarry"), is <br />subject to the following: <br />a. Title V Operating Permit No. 950PB0082 ("Permit No. 950PB0082"), issued by <br />the Division to Cemex on February 1, 2000 (revised October 8, 2002), and the <br />applicable requirements of several underlying Construction Permits, including <br />