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CEASE AND DESIST ORDER <br /> Based upon the foregoing findings of fact and notice of violation, <br /> and pursuant to the provisions of 25-8-605, C.R.S. (1982) , I hereby order you <br /> to: <br /> 1. immediately take whatever measures necessary to cease and desist <br /> violating the permit and the Water Quality Control Act, 25-8-101 to 703, <br /> C.R.S. (1982 and 1985 supp. ) and regulations promulgated thereto; <br /> 2. submit to the division, in writing, within 15 days after <br /> issuance of this order, a detailed statement of the measures you have taken or <br /> plan to take to achieve immediate and long term compliance with paragraph 1 of <br /> this order; <br /> 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 may request the division <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 /> Both 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 $10,000 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 /> -3- <br />