2013-02-21_ENFORCEMENT - C1981033

Home Browse Search

January 9, 2013 CO- 2013 -001 Bear failed to abate CV- 2012 -009, parts A) and B), on or before December 31, 2012. Page 2 of 4 Inspection Date Citation No. Violations November 30, 2012 CV- 2012 -009 A) Bear failed to obtain a valid permit as required by the Act, the Rules, and its Permit though it is under an ongoing obligation to complete reclamation of the Mine; and B) Bear failed to complete reclamation in compliance with the terms of its Permit, the Act, and the Rules. Bear has not: completed final ditch and pond reclamation; established a diverse, effective and permanent vegetative cover; or assumed responsibility for successful revegetation. The Division issued the Notice of Violation Number CV- 2012 -009 ( "NOV ") on December 17, 2012, and the NOV required Bear to abate the violations on or before December 31, 2012. Bear failed to abate the violations by the deadline. Further, Bear's failure to abate continued for more than thirty days past the deadline and continues through today. As a result of Bear's failure to abate the violations identified in the NOV, the Division issued Cessation Order Number CO- 2013 -001 ( "CO ") on January 14, 2013. Upon Bear's failure to abate the violations in the thirty days after the abatement deadline, the Division also assessed mandatory daily penalties for those thirty days pursuant to C.R.S. § 34- 33- 123(8)(i) and Rule 5.04.6(3) -(4). Rule 5.04.6(4) requires the Division to take enforcement action in addition to the NOV and CO against Bear due to Bear's failure to abate the violations in the thirty days after the NOV's abatement deadline. The Division's action must ensure that the violation will not reoccur. The Rule identifies alternative actions that the Division can take, including revocation of the Permit pursuant to C.R.S. § 34 -33- 123(7). Revoking the Permit is the appropriate alternative because revocation will prevent Bear's violations from reoccurring and, concurrently with revocation, the Division can seek forfeiture of the performance bond to complete reclamation of the Mine. To revoke the Permit under C.R.S. § 34 -33- 123(7) and its interpreting regulations, the Division must first establish that a pattern of violations exists and then issue a show cause order, unless the Administrator finds the show cause order would be demonstrably unjust. See also R. 5.03.3. Pattern of Violations Rule 5.03.3(2) states the "Division may determine that a pattern of violations exists or has existed, based upon two or more inspections of the permit area within any 12 -month period after considering all the circumstances ...." Of the circumstances identified, the following two apply: The number and type of violations, cited on more than one occasion, of the same or related requirements of the Act, the Rules, or the permit; and (ii) The extent to which the cited violations were isolated departures from lawful conduct. First, Bear has violated the same or related requirements of the Act, the Rules, and its Permit and the Division has cited Bear's violations on more than one occasion. Both Notice of Violation CV- 2012 -009 (i)