Laserfiche WebLink
FALSIFICATION AND TAMPERING <br />Be advised, in accord with §25-8-610, C.R.S. (2009), that any person who knowingly makes any false <br />statement,. representation, or certification in any application, record, report, plan, or other document filed or <br />required to be maintained under the Colorado Water Quality Control Act or who falsifies, tampers with, or <br />knowingly renders inaccurate any monitoring device or method required to be maintained under this article is <br />guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten <br />thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and <br />imprisonment. <br />POTENTIAL CIVIL AND CRIMINAL PENALTIES <br />You are also advised that any person who violates any provision of the Colorado Water Quality Control Act <br />(the "Act), § §25-8-101 to 703, C.R.S. (2009), or of any permit issued under the Act, or any control. regulation <br />promulgated pursuant to the Act, or any final cease and desist order or clean-up order issued by the Division <br />shall be subject to a civil penalty of not more than ten thousand dollars per day for each day during which such <br />violation occurs. Further, any person who recklessly, knowingly, intentionally, or with criminal :negligence <br />discharges any pollutant into any state waters commits criminal pollution if such discharge is made without a <br />permit, if a permit is required by the Act for such discharge, or if such discharge is made in violation of any <br />permit issued under the Act or in violation of any Cease and Desist Order or Clean-up Order issued by the <br />Division. By virtue of issuing this Notice of Violation, Cease and Desist Order, and Cleanup Order, the <br />Department has not waived its right to bring an action for penalties under §§25-8-608 and 609, 1-..R.S,,and <br />may bring such action in the future. <br />RELEASE OR DISCHARGE NOTIFICATION <br />Pursuant to §25-8-601, C.R.S. (2009), you are further advised that any person engaged in any operation or <br />activity which results in a spill or discharge of oil or other substance which may cause pollution of the waters <br />of the state, shall notify the Division of the discharge. If said person fails to so notify, said person is guilty of <br />a misdemeanor, and may be fined or imprisoned or both. <br />EFFECT OF ORDER <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain <br />time, shall be construed as a permit or license, either to violate any provisions of the public health laws and <br />regulations promulgated thereunder, or to make any discharge into state waters. Nothing herein. contained <br />shall be construed to preclude other individuals, cities, towns, counties, or duly constituted political <br />subdivisions of the state from the exercise of their respective rights to suppress nuisances or to preclude any <br />other lawful actions by such entities or the State. <br />Cotter Corporation - Schwartmalder Mine <br />Notice of Violation/Cease and Desist Order <br />Page 6 of 7