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in any future judicial or administrative proceeding brought by the Division or by MCC against the <br />Division: <br />a. The issuance of this Consent Order; <br />b. The factual and legal determinations made by the Division herein; and <br />c. The Division's authority to bring, or the court's jurisdiction to hear, any action to enforce <br />the terms of this Consent Order under the Act. <br />41. For violations disclosed by MCC, in which the Division has not acknowledged or accepted MCC's <br />claims for penalty immunity under the Colorado Environmental Audit Privilege and Irrununity Law <br />(§ 25-1-114.5 C.R.S.), MCC further agrees to waive its claims of penalty immunity for such violations <br />through appeals to the Water Quality Control Commission or through any other legal action filed in any <br />other venue. <br />42. Notwithstanding the above, MCC does not admit to any of the factual or legal determinations made by <br />the Division herein, and any action undertaken by MCC pursuant to this Consent Order shall not <br />constitute evidence of fault by MCC with respect to the conditions of the Facility. <br />Compliance Requirements <br />43. Within thirty (30) calendar days of receipt of this Order, MCC shall submit to the Division a detailed <br />written statement outlining the standard procedures MCC has and will undertake to ensure that adequate <br />treatment, management, and reporting systems that comply with the terms and conditions of the Permit <br />are fully implemented at the Facility and appropriate staff is trained accordingly. The statement should <br />also specifically include certification that MCC has reviewed and understands the Reduction, Loss, or <br />Failure of Treatment Facility provision of section Part B.A. 14 of the Permit. <br />CIVIL PENALTY <br />44. Based upon the application ofthe Colorado Environmental Audit Privilege and Immunity Law (25-1- <br />114.5 C.R.S.) and as a result of MCC's voluntary self-evaluation and subsequent disclosure, the <br />Division has determined that the specific violations identified in paragraphs 28, 31 and 34 were <br />voluntarily disclosed and therefore immune from the assessment of any administrative or civil penalties. <br />45. In accordance with 25-1-114.5(3) C.R.S., the Division has determined that the disclosure was not <br />voluntary as it relates to a subset of the violations identified in paragraphs 11, 14, 17, 24, and 25 that <br />were part of MCC's self-evaluation disclosure. Consequently these violations are not immune from the <br />assessment of administrative or civil penalties. Furthermore, based upon information available to the <br />Division and pursuant to the reporting requirements of the Permit, the Division was aware of the specific <br />violations identified in paragraphs 11, 14, 17, 24, and 25 prior to the conclusion of MCC's voluntary <br />self-evaluation and subsequent disclosure. <br />46. Based upon the application of the Division's Civil Penalty Policy (May 1, 1993), and consistent with <br />Departmental policies for violations of the Act, MCC shall pay Sixteen Thousand Eight Hundred and <br />Five Dollars ($16,805.00) in civil penalties. The Division intends to petition the Executive Director, or <br />his designee, to impose the Sixteen Thousand Eight Hundred and Five Dollar ($16,805.00) civil penalty <br />Mountain Coal Company, LLC. <br />Compliance Order on Consent <br />Page 10 of 13