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<br />:,." <br />~;; <br />• In addition to the non-compliance penalty, failure to comply with 1na1 <br />orders of the Division could also result in imposition of a civil enalt of <br />""` up to $25,000 per day. You ar not yet, however subject to a final order. <br />Reference: Section 25-7-122, CRS. <br />The Division intends to explain all procedures and possible Sancti ns at <br />the above referenced conference. We will outline your statutory r ghts, <br />including rights to administrative appeals and possibly applicable <br />exemptions, at the conference as well. <br />If you have any questions concerning the conference or which need ~nswering <br /> prior to the scheduled conference, please contact this office. Th <br /> conference is an informal proceeding. You may, however, have legal council <br /> attend with you. <br /> Should the mine operate without first obtaining a valid emission pe mit you <br /> w111 be subject to enforcement action in accord with Section 25-7-1 1(1) <br />,~ (court injunction) CRS, which reads in part as follows: <br />;.:.; "In the event any person fails to comply with a final order of he <br /> board, the division, or the commission that is not subject to st y <br />'" pending administrative review, or in the event any person constr cts, <br /> modifies, or commences operation of any air pollution source in <br /> violation of Section 25-7-114(4), the board, the division, or th <br /> commission, as the case may be, may request the district attorne for <br /> the district in which the alleged violation occurs or the attorn y <br /> general to bring, and if so requested it is his duty to bring, a suit <br /> for an injunction to prevent any further or continued violation f such <br /> order or of Section 25-7-114(4)." <br />Also be advised that you are subject to civil penalties up to $25,00 der <br />d~ as provided by Section 25-7-122(1)(b). CRS, which reads as folio s: <br />"Any person who violates the requirements of Section 25-7-114(4) <br />regarding construction, modification, or commencement of operatio of an <br />*.. air pollution source without such a permit shall be subject to a lull <br />penalty of not more than twenty-five thousand dollars per day for each <br />day cf operation after receipt of the notice of non-compliance or <br />violation." <br />Finally, you are also subject to a $100.00 civil penalty, in addition to <br />the above cited penalty, as provided by Section 25-7-122(i)(c), CRS, which <br />reads as follows: <br />"Any person falling to comply with the provisions of Section 25- <br />114(1) shall be subject to a civil penalty of not more than one h <br />dollars." <br />YOUR OPERATION WITHOUT A PERMIT IS ILLEGAL. No operations will be <br />conducted until such time as an emission permit has been obtained or ction <br />may be taken under the abpve cited Sections of Title 25, Article 7, C 5. <br />r <br />