Laserfiche WebLink
FEB -23- 2011 09:16 FROM: IRA PL.,I)N 7195376956 <br />.Western. Gravel, Inc. <br />Olathe ?it, M - 1984 -108 <br />MV -20 -007 <br />ORDER <br />16. Under section 3432.5.118(1)(b) and (c), C.R.S., the financial warranty <br />for the Olathe Pit is subject to forfeiture because the Operator failed to maintain a <br />financial warranty in good standing for the entire life of the permit. <br />16. Section 34. 32.5 - 124(7), C.R.S. provides for a civil penalty of not less <br />than $100 per day nor more than $1,000 per day for each day during which a <br />violation occurs. The Board may impose a penalty based on 28 days of violation at <br />$100 to $1,000 per day for a civil penalty of $2,800 to $28,000. <br />The Operator did not appear in this matter to present any mitigating factors. <br />There is no information before the Board indicating that any action other than the <br />relief requested is appropriate. Therefore, the Board enters the following order: <br />The Board finds that the Operator is in violation of the Act, in accordance <br />with section 34-32.5- 117(6), C.ILS., for failure to maintain a financial warranty in <br />good standing for the life of a permit and failure to comply with the performance <br />warranty. <br />The Board orders the Operator to CEASE AND DESIST any further <br />activities at the Olathe Pit. <br />The Board orders permit number M - 1984 - 108 revoked. <br />J rt accordance with section 3432.5- 118(1)(a), C.R.S., the Board finds that the <br />financialwarranty for the Olathe Pit is subject to forfeiture and directs the Division <br />to schedule a hearing for.forfeiture of the financial warranty during the March <br />9-10, 2011 Board meeting- <br />The "Board imposes against the Operator a CIVIL PENALTY for 28 days of <br />violation (from the January 13, 2011 warranty expiration date to the February 9, <br />2011 hearing) at $100 per day for a total civil penalty of $2,800.00. The civil penalty <br />shall be due and payable within thirty (30) days of the effective date of this Order. <br />J)ONE AND ORDERED this .2_. day of - 2011. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />P.3 /S <br />