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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 />Pen-nit No. 88M0234F <br />in or required by this Consent Order and perform its obligations required hereunder. The <br />Division makes no representation with respect to approval and permits required by Federal, <br />State, or local laws or regulations other than those specifically referred to herein. <br />23. Nothing herein shall be construed as prohibiting, altering, or in any way limiting <br />the ability of the Division to seek any remedies or sanctions available by virtue of WFCs' <br />violation of this agreement or of the statutes and regulations upon which this agreement is based, <br />or for WFCs' violation of any applicable provision of law. <br />V. LIMITATION OF RELEASES AND RESERVATION OF RIGHTS AND <br />LIABILITY <br />24. upon the effective date of this Consent Order, and during its teen, this Consent <br />Order shall stand in lieu of any other enforcement action by the Division with respect to the <br />Phase One Work described herein, provided that work is performed in a manner consistent with <br />WFC's representations contained in Paragraph 8. This Consent Order does not grant any release <br />of liability for any violations, regardless of when they occurred, that are not cited or addressed in <br />this Consent Order. The Division reserves the right to bring any action it deems necessary to <br />enforce this Consent Order. <br />25. Nothing in the preceding paragraph shall preclude the Division from imposing <br />additional requirements necessary to protect human health or the environment pursuant to its <br />authority under §§ 25 -7 -112, and -113, C.R.S. <br />26. WFC reserves its rights and defenses regarding liability in any proceedings <br />concerning the Facility other than proceedings to enforce this Consent Order. <br />27. Upon the effective date of this Consent Order, WFC releases and covenants not to <br />sue the State of Colorado as to all common law or statutory claims or counterclaims arising from, <br />or relating to, the potential violations of the Act or the Regulations specifically addressed herein. <br />28. WFC shall not seek to hold the Division liable for any injuries or damages to <br />persons or property resulting from acts or omissions of WFC, or those acting for or on behalf of <br />WFC, including its officers, employees, agents, successors, representatives, contractors or <br />consultants in carrying out activities pursuant to this Consent Order. WFC: shall not hold out the <br />Division as (a) a party to any contract entered into by WFC in carrying out activities pursuant to <br />this Consent Order; or (b) an owner, operator or generator of hazardous wastes at the Facility. <br />Nothing in this Consent Order shall constitute an express or implied waiver of immunity <br />otherwise applicable to the Division, its employees, agents or representatives. <br />29. The Division reserves the right to bring any action or to seek civil or <br />administrative penalties for any past, present, or future violations of the Act and its implementing <br />regulations, not specifically addressed herein. Further, the Division has the right to bring any <br />action to enforce this Consent Order and to seek authorized penalties for any violation of this <br />-5- <br />