Laserfiche WebLink
Consent Agreement <br />Page 12 <br />January 7, 2013 <br />July 25` 2011 — The Division met with the Operator to discuss the use of PAX in the milling <br />process. The Division agreed to conduct an internal review to determine whether PAX would be <br />considered a designated chemical based on the proposed amount to be used in the milling process. <br />November 23` 2011 — The Division informed the Operator that PAX was considered to be a <br />designated chemical and that an Environmental Protection Plan (EPP) would need to be <br />submitted. <br />December 22 " 2011 — The Division received a letter of concurrence from the Operator in regard <br />to the status of the mill as a DMO. In addition, the letter requested an extension of the submittal <br />date of the EPP to one year from the date of notification pursuant to Rule 7.2.3(2)(c). <br />December 29 2011 — The Division approved the request to extend the submittal date of the EPP. <br />The EPP was to be submitted to the Division by November 23, 2012. <br />November 29 2012 — The Division sent the Operator a Notice of Possible Violation for failure <br />to submit an EPP for approval by the office by the date established by rule. <br />REASON FOR VIOLATION: <br />The Operator was to submit an Environmental Protection Plan by November 23, 2012 pursuant to <br />C.R.S. 34- 32- 116.5(3)(a) &(b). To date, the Division has not received an Environmental <br />Protection Plan from the Operator or a request to further extend the submittal date. <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34- 32- 116.5(3)(a) &(b) for failure to submit an Environmental <br />Protection Plan for approval by the office by the date established by rule. <br />Cease and Desist Order: <br />Issue a cease and desist order for all mining activities at the mine site and all milling activities at <br />the mill site until all required corrective actions are complied with. <br />Corrective Action(s): <br />Require the Operator to submit an Environmental Protection Plan for the Hopemore Shaft. The <br />Environmental Protection Plan shall be submitted in a complete form within 90 days of the signed <br />Board Order. <br />Civil Penalty: <br />For a violation of C.R.S. 34- 32- 116.5(3)(a) &(b), a Civil Penalty may be assessed at a rate of <br />$50.00 to $200.00 for each day of violation. In this case, there are 47 days of violation (from the <br />submittal date of the EPP on November 23 2012 to the January 9 2013 Board Meeting). <br />