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COMPLIANCE ORDER ON CONSENT <br />in the Matter of Western Fuels Colorado. A Limited Liability Company <br />New Horizon Mine <br />Permit Into. 88M0234F <br />15. WFC shall submit a written notice to the Division at least five days prior to <br />commencing the Phase One Work. It is contemplated that WFC will commence Phase One <br />Work within five days of the effective date of this Consent Order. <br />Administrative Penalty Requirements <br />16. Based upon the factors set forth in § 25 -7 -122, C.R.S., the Division has <br />detennined that the issuance of a penalty is not appropriate so long as WFC complies fully with <br />the terms and conditions set forth and referenced herein, including each of the compliance <br />requirements above. As such, WFC's conduct of the Phase One Work will not be treated as a <br />violation for purposes of WFC's historic compliance record in any future enforcement action <br />against WFC, unless WFC fails to comply with the Compliance Requirements set forth herein. <br />If WFC fails to comply fully with the compliance requirements, WFC shall be subject to <br />appropriate penalties to be determined by the Division in a future proceeding associated with its <br />violations. <br />1V. SCOPE AND EFFECT OF CONSENT ORDER <br />17. The Parties agree and acknowledge that this Consent Order constitutes a full and <br />final resolution of the issues identified herein, and further agree not to challenge the terms and <br />conditions of this Consent Order in any proceeding before any administrative body or any <br />judicial forum, whether by way of direct judicial review or collateral challenge. <br />18. This Consent Order constitutes a final agency order upon execution by WFC and <br />the Division and shall be enforceable by either party in the same manner as if the Division had <br />entered this Consent Order without agreement by WFC. The Parties agree that any violation of <br />the provisions of this Consent Order by WFC concerning the Act, or the Regulations, shall be a <br />violation of a final order of the Division for the purposes of §§ 25 -7 -115, -121, and -122, C.R.S.. <br />and may result in the assessment of civil penalties of up to Fifteen Thousand Dollars <br />($15,000.00) per day for each day of such violation. <br />19. The Parties' obligations under this Consent Order are limited to the matters <br />expressly stated herein. <br />20. The Division's approval of any action under this Consent Order shall not <br />constitute a defense to, or an excuse for, any prior violation of any requirement under the Act, or <br />any implementing regulations under the Act, or any subsequent violation of any requirement of <br />this Consent Order, the Act, or the Regulations. <br />21. Entering into this settlement shall not constitute an admission of violation of the <br />air quality laws or any applicable permit by WFC, nor shall the Division or any third party infer <br />it to be such an admission by WFC in any administrative or judicial proceeding. <br />22. WFC shall comply with all applicable Federal, State, and/or local laws and <br />regulations and shall obtain all necessary approvals or permits to conduct the activities described <br />-4- <br />