Laserfiche WebLink
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 discharges 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 /> Issued at Denver, Colorado, this /9 day of 19 . <br /> COLORADO DEPARINE T OF HEALTH <br /> Division of Administration <br /> J. DAVID HOLM <br /> Director <br /> Water Quality Control Division <br /> -3- <br />