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David C. Shelton, Director , August 26, 1985 <br /> Colo. Mined Land Reclamation Division Page 7 <br /> With additional staff and resources , since May, 1984, <br /> Mid-Continent has managed its environmental responsibilities in a <br /> prudent and thought-to-be successful manner . It has continually <br /> sought to work closely with the Division to consider new and <br /> different procedures and designs to comply with the law and its <br /> permit in what is acknowledged to be truly unique environmental <br /> conditions . <br /> In recent discussion with you and other Division person- <br /> nel , you have indicated that you believe permit enforcement <br /> action, such as permit suspension , may be considered and im- <br /> posed as a separate and additional penalty for past violations <br /> despite such violations having been fully abated and all monetary <br /> civil penalties paid. <br /> Mid-Continent disagrees with such a view. Such an inter- <br /> pretation of the Act and the regulations lacks support in the <br /> specific provisions and the legislative history of both Colorado <br /> and federal Acts . <br /> We believe the fundamental aim of the Act is to obtain <br /> compliance. The civil penalty provisions are the deterrents of <br /> this legislation. Permit suspension and revocation are, we <br /> believe, properly extraordinary remedies which should be invoked <br /> only when compliance cannot otherwise be obtained. <br /> A radical change in enforcement interpretation from the <br /> publically stated application of rule 5 . 03 .3 ( 2) ( c) in the <br /> foregoing decisions subjects Mid-Continent, and other operators <br /> as well , to potential harm and injury without the adequate <br /> protection of due process of law and without compelling necessity <br /> to do so. <br /> We believe one of the major aims of the Act is to achieve <br /> voluntary and cooperative compliance. Fundamental to such a goal <br /> is the reasonable certainty of the Act, its interpretation and <br /> enforcement. We submit that past interpretations which invoked <br /> the extraordinary sanctions of the Act only when necessary are <br /> more consistent with this goal of voluntary and cooperative <br /> compliance. <br /> For these reasons, Mid-Continent respectfully requests <br /> that you as Director , pursuant to Rule 5 . 03.3( 2) ( c) , vacate the <br /> outstanding show cause order on the grounds that it would be <br /> demonstrably unjust and would not further the purposes of the <br /> law. <br />