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- 5 - <br />Harrison may ask the Board to determine whether it <br />should be required to excavate the trench. <br />24. By July 1, 1992, the Division shall determine the <br />actual cost of completing reclamation of the area <br />covered by the Harrison performance bond, including the <br />estimated cost of maintaining the site through Phase III <br />bond release. In the event that the current bond <br />exceeds this amount, Harrison may submit a replacement <br />bond for the correct amount, provided that Harrison has <br />complied with paragraphs 20, 21, and 22. The <br />notification requirements of Rule 3.03.2 shall apply to <br />this bond replacement. <br />25. As a Pattern of Violations has been found in <br />regards to the GEC permit, failure to comply with the <br />terms of this Agreement may result in bond forfeiture. <br />To the extent possible, Harrison will be given the <br />opportunity to correct problems at the site in order to <br />avoid forfeiture. The Division will follow the Rule 5 <br />enforcement procedures in the event a violation occurs <br />at the site in order to give Harrison the opportunity to <br />abate the violation. Harrison shall also have the <br />opportunity to contest the violation to the Board and <br />argue the applicability of the Rule violated to the <br />Board. The Board may forfeit the bond if Harrison fails <br />to abate a violation after being given the opportunity <br />to do so. No civil penalty will be assessed in <br />connection with a violation by Harrison, unless the <br />violation involves action by Harrison other than a delay <br />or cessation of reclamation and, through such action, <br />Harrison either creates a significant and imminent risk <br />to human health and safety or increases the cost of <br />reclamation so that it exceeds the then-current bond <br />amount. <br />26. This Agreement shall be effective upon signature of <br />Harrison and the Division and upon approval of the <br />Board. <br />Si ed and dated <br />(~ ~ <br />cl-~ 4/22 ~~-~~~~-~ -~~c`:~`~~~~- <br />Harrison Western Div Sion Dire or <br />~~ / ~ / ~~ <br />of the g6a <br />