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r <br />J?KED ST,yTfiS` <br />z <br />0 <br />? o} <br />9C PRO <br />Ref: 8ENF-UFO <br />CERTIFIED MAIL 7005-0390-0000-4848-5634 <br />RETURN RECEIPT REQUESTED <br />Bill H. Gunn, Registered Agent <br />o Natural Soda, Inc. ,,--- <br />3200 County Road 31 <br />Rifle, Colorado 81650 <br />Dear Mr. Gunn: <br />AUG 2 2 2008 <br />2 ? <br />L <br />AUG 2 g 2008 <br />d06- ,,aWYL-e, P? ?e, v?5 V1,0 <br />Re: UNDERGROUND INJECTION <br />CONTROL PROGRAM (UIC) <br />Penalty Complaint and Notice of <br />Opportunity for Hearing <br />The enclosed document is a Penalty Complaint and Notice of Opportunity for Hearing <br />("complaint") for violations of the Safe Drinking Water Act ("SDWA"). Please carefully read <br />the complaint soon, since it describes Natural Soda, Inc.'s ("Natural Soda's") rights and <br />responsibilities in this matter as well as EPA's authority, the factual basis of the violations, and <br />the background for the proposed penalty. EPA is enclosing a copy of the Rules of Practice that <br />govern these proceedings, an information sheet about the Small Business Regulatory <br />Enforcement Fairness Act, and a required Public Notice associated with this complaint. <br />Natural Soda is required to take action within thirty (30) calendar days of your <br />receipt of this complaint to avoid the possibility of having a default judgment entered against <br />Natural Soda that could impose the penalty amount proposed in the complaint. <br />Whether or not Natural Soda requests a hearing, we encourage an informal conference <br />with EPA concerning the alleged violations in an effort to negotiate a settlement. Natural Soda <br />may wish to appear at an informal conference and/or be represented by legal counsel. To arrange <br />for such a conference, Natural Soda should contact Marc Weiner, Enforcement Attorney, Legal <br />Enforcement Program, at the number provided below. Request for such a conference does not <br />extend the thirty (30) calendar day period during which a request for hearing must be submitted. <br />Public Notice of EPA's complaint and the opportunity to provide written comments on the <br />complaint is being provided pursuant to section 1423 (c)(3)(B) of the SDWA, 42 U.S.C. § 300h- <br />2(c)(3)(B). Should a hearing be held, any person who comments on the complaint has a right to <br />participate in the hearing. <br />UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br />REGION 8 <br />1595 Wynkoop Street <br />DENVER, CO 80202-1129 <br />Phone 800-227-8917 <br />http://www.epa.gov/region08