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3. submit to the division, in writing, within 10 days after <br /> issuance of this order a statement of your intent to comply herewith. <br /> Pursuant to section 25-8-603, C. R.S. (1982) , you are required to <br /> submit to the division an answer admitting or denying each paragraph of the <br /> findings of fact and responding to the notice of violation. Section 603 also <br /> provides that the recipient of a notice of violation noy requeat the dlviaion <br /> to conduct a hearing to determine the validity of the notice , including the <br /> findings of fact . Such request shall be filed in writing with the division. <br /> Moth the answer and the request for hearing, if any, shall be filed no later <br /> than 30 days after issuance of this order. The filing of an answer does not <br /> constitute a request for hearing. Absent such a request , the validity of the <br /> factual allegations and the notice of violation shall be deemed established in <br /> any subsequent proceeding. You are also advised that any person who violates <br /> any provision of any permit issued under 25-8-101. to 703, C.R.S . (1982 and <br /> 1985 supp. ) or any provision of 25-8-101 to 703, C.R.S. (1982 and 1985 supp. ) <br /> or any final. Cease and Desist order or clean-up order shall be subject to a <br /> civil penalty of not more than 110, 000 per day .for each day during which such <br /> violation occurs. Further, any person who recklessly, knowingly , <br /> intentionally, or with criminal negligence discharges any pollutant into any <br /> state waters commits criminal pollution of state waters if such discharge is <br /> made in violation of any permit issued under 25-8-101. to 703, C. R. S . (1982 and <br /> 1985 supp. ) , or in violation of any Cease and Desist. order or clean up order <br /> issued by the division. You are further advised that any person engaged in <br /> any operation or activity which results in a spill or discharge of oil or <br /> other substance which may cause pollution of the waters of the state, shall <br /> notify the division of the discharge . If. said person fails to so notify , said <br /> person is guilty of a misdemeanor, and may be fined or imprisoned or both. <br /> Nothing herein contained , particularly those portions requiring <br /> certain acts to be performed within a certain time, shall be construed as a <br /> permit or license , either to violate any provisions of the public health laws <br /> and regulations promulgated thereunder, or to make any discharge into state <br /> waters. <br /> For further clarification of the rights of recipients of notices of <br /> violation, including the potential imposition of penalties and possible <br /> criminal liability, you are advised to consult the Water Quality Control Act, <br /> sections 25-8-101 to 703, C.R.S . (1982 and 1985 supp. ) . <br /> i <br /> Issued at Denver, Colorado, this Y/-Z day of : 19 . <br /> COLOR-ADO DEPARTi•fENT OF HEALTH <br /> Division of Administration <br /> ROI,IAD G. SCHUYLER <br /> Acting Director <br /> Water Quality Control Division <br /> -3- <br /> WANC/N/6557D <br />