2009-12-15_HYDROLOGY - C1980007 - Laserfiche WebLink

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for the above violation(s) and MCC agrees to make the payment within thirty (30) calendar days of the issuance of a Penalty Order by the Executive Director or his designee. Method of payment shall be by certified or cashier's check drawn to the order of the "Colorado Department of Public Health and Environment," and delivered to: Ms. Kelly Morgan Colorado Department of Public Health and Environment Water Quality Control Division Mail Code: WQCD-CADM-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 SCOPE AND EFFECT OF CONSENT ORDER 47. The Parties agree and acknowledge that this Consent Order constitutes a full and final settlement ofthe violations cited herein, including those disclosed pursuant to MCC's voluntary self-evaluation. 48. This Consent Order is subject to the Division's "Public Notification of Administrative Enforcement Actions Policy," which includes a thirty-day public comment period. The Division and MCC each reserve the right to withdraw consent to this Consent Order if comments received during the thirty-day period result in any proposed modification to the Consent Order. 49. This Consent Order constitutes a final agency order or action upon the date when the Executive Director or his designee imposes the civil penalty following the public comment period. Any violation of the provisions of this Consent Order by MCC, including any false certifications, shall be a violation of a final order or action of the Division for the purpose of §25-8-608, C.R.S., and may result in the assessment of civil penalties of up to ten thousand dollars per day for each day during which such violation occurs. 50. Notwithstanding paragraph 47 above, the violations described in this Consent Order will constitute part of MCC's compliance history for purposes where such history is relevant. This includes considering the violations described above in assessing.a penalty for any subsequent violations against MCC. MCC agrees not to challenge the use of the cited violations for any such purpose. LBUTATIONS, RELEASES AND RESERVATION OF RIGHTS AND LIABILITY 51. Upon the effective date of this Consent Order, and during its term, this Consent Order shall stand in lieu of any other enforcement action by the Division with respect to the specific instances of violations cited herein, inchWing those disclosed pursuant to MCC's voluntary self=evaluation. The Division reserves the right to bring any action to enforce this Consent Order, including actions forpenalties or the collection thereof, and/or injunctive relief. 52. This Consent Order does not grant any release of liability for any violations not specifically noted herein. 53. Nothing in this Consent Order shall preclude the Division from imposing additional requirements in the Mountafn Coal Company, -L.C. Compliance order on Consent Page 11 of 13