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October 12, 2012 — The Division sent the Operator a Reason to be Believe Violation exists letter <br />for failure to obtain approval before importing inert fill to the site. <br />REASON FOR VIOLATION: <br />The operator imported approximately 1000 cubic yards of inert fill to the site before first <br />obtaining approval from the Office. <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of Rule 3.1.5 (9) for failure to provide notice and obtain approval from the office <br />prior to importing inert fill. <br />Cease and Desist Order: <br />Issue a cease and desist order prohibiting illegal importation of inert fill. <br />Corrective Action(s): <br />Require the Operator to submit a Technical Revision to the permit application allowing <br />importation of material in accordance with Rule 3.1.5(9). (A Technical Revision was submitted <br />on October 12, 2012 and approved on October 15, 2012.) <br />Civil Penalty: <br />In accordance with Rule 3.3.2(2) (b), a Civil Penalty may be assessed at a rate of $100.00 to <br />$1,000.00 for each day of violation. In this case, there are 32 days of violation (from the date of <br />Inspection on October 12` 2012 to the November 14` 2012 Board Meeting). <br />The Division will assess a civil penalty of $100.00 per day of violation for 32 days, for a civil <br />penalty amount of $3,200.00 with all but $500.00 suspended if the Operator complies with the <br />corrective action. If the Operator does not comply with the corrective action, then a civil penalty <br />in the amount of $3,200.00 shall be due and payable. <br />Payment of the un- suspended portion ($500) of the civil penalties is due within 30 days of the <br />mailing date of the Board Order. <br />Operator(s) Signature: <br />By signing this, the Operator agrees to comply with the Corrective Action(s) outlined above on <br />the Staff Summary Form for Consent Agenda Items. <br />Operator Signature <br />Date Notary Public <br />My Commission expires: <br />