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violates or fails to comply with the conditions of an order, permit, or regulation. <br />Evidence indicates that the water treatment facility has been under construction at <br />the site since June 2010. The Board may impose a penalty based on up to 365 days of <br />violation at $100 to $1,000 per day for a civil penalty of $36,500 to $365,000. <br />ORDER <br />The Board finds the Operator in violation of section 34- 32.5- 116(1), C.R.S. for <br />failing to comply with the reclamation plan under permit number M- 2004 -009. <br />The Board finds the Operator in violation of section 34- 32.5 - 116(4)6), C.R.S. <br />and Rule 3.1.6(3) for failing to stabilize and protecting topsoil to control erosion. <br />The Board finds the Operator in violation of section 34- 32.5- 116(4)(g), C.R.S. <br />for failing to salvage topsoil prior to stockpiling shale. <br />The Board finds the Operator in violation of its performance warranty under <br />section 34- 32.5 - 117(2), C.R.S. <br />The Operator shall CEASE AND DESIST all activities at the site except <br />activities currently approved by the Division. <br />The Board imposes the following CORRECTIVE ACTIONS against the <br />Operator: <br />A. The Operator shall, within 30 days of the effective date of this <br />order, submit a permit amendment application to change the post - mining <br />land use and describing the Operator's current plans to reclaim the site, with <br />all information approvable within 120 days of the effective date of this Order. <br />B. The Operator shall, within 30 days of the Division's approval of <br />the permit amendment application ordered herein, post the bond amount as <br />required by the permit amendment. If the Division does not approve the <br />permit amendment application, the Operator shall, within 30 days of the <br />Division's disapproval of the permit amendment, post an interim bond in the <br />amount of an additional $365,000. <br />The Board imposes a CIVIL PENALTY for 100 days of violation at $1,000 per <br />day for a total civil penalty of $100,000. All but $36,500 of the penalty is suspended <br />if the Operator complies with the corrective action in the time specified. The <br />portion of the civil penalty not suspended, $36,500, shall be due and payable within <br />thirty (30) days of the effective date of this Order. <br />Asphalt Specialties Co., Inc. <br />M- 2004 -009 <br />MV- 2012 -020 <br />4 <br />