Laserfiche WebLink
5. On July 20, 2011, the Division sent a second Reason to Believe a <br />Violation Exists letter to the Operator stating that the financial warranty has <br />expired and was not renewed or replaced, that failure to maintain the financial <br />warranty may constitute a violation of section 34- 32.5- 117(6), C.R.S., and provided <br />information about the August 2011 hearing. <br />6. The Operator failed to maintain the financial warranty in good <br />standing for the entire life of permit M- 2004 -043. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5 -104, - 105, and -124 of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Article 32.5 of Title 34, C.R.S. (2010) ( "Act "). <br />8. Under section 34- 32.5- 117(6)(a), C.R.S., a financial warranty must be <br />maintained in good standing for the life of a permit. By failing to renew or replace <br />bond number CO 11200, the Operator failed to maintain the financial warranty in <br />good standing for permit number M- 2004 -043. <br />9. Pursuant to section 34- 32.5- 124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that an operator or person violated any notice, <br />permit, or regulation. <br />10. Pursuant to section 34- 32.5 -124, C.R.S., the Board may find a violation <br />and impose a penalty when it finds that an operator has failed to comply with the <br />conditions of an order, permit, or regulation. The Operator failed to maintain the <br />financial warranty in good standing for permit number M- 2004 -043, in violation of <br />section 34- 32.5- 117(6), C.R.S. Therefore, it is appropriate and within the Board's <br />discretion to find a violation of the Act, issue a cease and desist order, and impose a <br />civil penalty. <br />11. 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 the <br />violation occurs. The Board may impose a civil penalty against the Operator based <br />on 25 days of violation (from the date the financial warranty expired to the <br />hearing date of August 10, 2011) at $100 to $1,000 per day for a civil penalty of <br />$2,500 to $25,000. <br />The Board finds that the Operator is in violation of the Act, in accordance with <br />section 34- 32.5 -124, C.R.S., for failure to comply with an order, permit, or regulation. <br />Venable's Welding & Roustabout, Inc. <br />Valco T Pit, M- 2004 -043 <br />MV- 2011 -019 <br />ORDER <br />2 <br />