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2013-01-14_ENFORCEMENT - C1981033 (2)
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2013-01-14_ENFORCEMENT - C1981033 (2)
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Last modified
8/24/2016 5:12:02 PM
Creation date
1/14/2013 8:49:49 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981033
IBM Index Class Name
Enforcement
Doc Date
1/14/2013
Doc Name
Cessation Order
From
DRMS
To
Bear Coal Company
Violation No.
CO2013001
Email Name
SLB
SB1
Media Type
D
Archive
No
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-2- <br />1. Expiration Date of Notice - Informal Hearing at Site If this Order requires cessation of <br />mining, expressly or in practical effect (but not otherwise), it will expire automatically 30 days <br />after service upon you, unless, within that time, (a) an informal hearing on the cessation has <br />been held at or near the site, or (b) the operator has waived the holding of such a hearing. <br />The informal hearing will be presided over by representatives of the Division other than the <br />representative who issued the Order. Temporary relief from the Order may be requested at <br />such hearing. Your right to a formal review is not affected by any waiver on your part of an <br />informal hearing. <br />2. Formal Review and Temporary Relief. The Operator has the legal right to a review of this <br />Order or Violation in a formal public hearing before the Colorado Mined Land Reclamation <br />Board. You may apply for review by submitting a Request for Review within 90 days of the <br />issuance of this Order. The Request for Review must be submitted to: <br />Mined Land Reclamation Board <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />If you request a formal hearing, you may request temporary relief from this Order, pending <br />hearing, but the filing of a request for review does not operate as a stay of any Order or <br />Notice. Procedures in this regard are found in C. R. S. 1973, 34 -33 -124. <br />3. Mandatory Minimum Penalties C.R.S. 1973, 34 -33- 123(8)(1) requires that a mandatory <br />minimum penalty of $750.00 or more must be assessed for each day during which the <br />violation(s) continues beyond the abatement period set forth in this Order or in any Notice of <br />Violation. <br />If you willfully and knowingly fail or refuse to comply with this Order, you will be subject to <br />criminal prosecution and w i l l , upon conviction, be punished by a fine of not more than <br />$10, 000.00 or by i mpri sonment for not more than one year, or both. <br />4. Effect on Permit. In addition, if it is determined that a pattern of violations exists, and that <br />the violations were caused by unwarranted failure to comply, or werewillful, your permit may <br />be suspended or revoked. <br />C.R.S. 1973, 34 -33- 123(8) provides for imposition of civil penalties of up to $5,000.00 for <br />each violation listed in the schedule and provides that each day of continuing violation may be <br />deemed a separate violation. <br />
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