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13. If a condition of paragraph 7, 8 or 9 of this Agreement and <br /> Stipulated Order is violated, the Division may petition the Executive Director <br /> or his designee to impose the suspended portion of the penalty. Sunnyside <br /> waives the right to contest the amount of the penalty. Prior to petitioning <br /> for imposition of the suspended penalty, the Division shall first serve a <br /> written notice or order notifying Sunnyside that a condition of this Agreement <br /> and Stipulated Order has been violated and stating the facts supporting the <br /> violation. Sunnyside may request a hearing within 30 days of issuance of such <br /> notice or order. If Sunnyside fails to request a hearing within 30 days or if <br /> the hearing officer upholds the Division's findings in the notice, then the <br /> Division may proceed with the petition for the suspended penalty of $10,000. <br /> 14. This Agreement and Stipulated Order becomes effective upon the <br /> signing of all parties. <br /> 15. If Sunnyside requests an adjudicatory hearing on the permit for the <br /> American Tunnel, this Agreement is void. Sunnyside believes that net effluent <br /> limitations are appropriate to the American Tunnel permit, but waives its <br /> right to adjudicate that issue in this renewal of the American Tunnel permit. <br /> The parties agree that Sunnyside does not waive its right to request a <br /> variance based on fundamentally different factors when system improvements <br /> have been made and their success evaluated. <br /> 16. If the Executive Director or his designee fails to impose the t20,000 <br /> penalty (and suspend $10,000 of that amount) , this Agreement is void. <br /> 17. This agreement resolves and settles the January and February Notices <br /> and Orders as well as any possible outstanding violations of the Terry Tunnel <br /> permit and/or the American Tunnel permit up until the date the Agreement goes <br /> into effect. <br /> 18. This Agreement expires as of December 1, 1988. <br /> FRED S EINSON PAUL FERRARO <br /> General Manager Director <br /> Sunnyside Gold Corporation Water Quality Control Division <br /> Date /�C�_- 7_ 5�� Date %CEO 5 / ' S 7 <br /> DUANE WOODARD, ATTORNEY GENERAL by <br /> WILLIAM C. ROBB BARRY STEIN <br /> Attorney Assistant Attorney General <br /> Natural Resources Section <br /> Date `�`3� 7 <br /> - Date S 7 <br /> -3- <br /> W/7863D <br />