2013-04-26_ENFORCEMENT - C1981033

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Page 2 of 5 The Division approved a revision for the treatment bypass ditch on December 20, 2011. CDPHE authorization was effective on July 1, 2012. Bear failed to either complete reclamation during the time it had the necessary regulatory approvals or to seek renewal of the Permit. To -date, Bear has not completed its reclamation obligations under the terms of its Permit, the Act, and the Rules. Furthermore, Bear has not conducted required maintenance at the Mine and has not demonstrated compliance with the bond release criteria. As a result of Bear's non - compliance with the Act, the Rules, and its Permit, the Division took the enforcement actions listed below. See Attachments 2 and 3. 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. January 9, 2013 CO- 2013 -001 Bear failed to abate CV- 2012 -009, parts A) and B), on or before December 31, 2012. 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. Attachment 2. Bear was served with the NOV on December 27, 2012. Bear failed to abate the violations by the December 31, 2012 deadline and Bear's failure to abate continues through today. Pursuant to C.R.S. § 34- 33- 123(8)(a) and Rule 5.04.5, the Division assessed a civil penalty of $42,000 for Bear's violations identified in the NOV. Bear did not appeal or otherwise seek review of the NOV or the associated civil penalty. As a result of Bear's failure to abate the violations identified in the NOV on or before December 31, 2012, the Division issued Cessation Order Number CO- 2013 -001 ( "CO ") on January 14, 2013. Attachment 3. Bear was served with the CO on January 17, 2013. The Division is required to assess civil penalties for a violation in a cessation order pursuant to C.R.S. § 34- 33- 123(8)(a) and Rule 5.04.5(1). The Division, therefore, assessed $3,000 as a mandatory civil penalty against Bear for the CO. Bear's failure to abate the violations during the thirty day period beyond the NOV's December 31, 2012 abatement deadline also required the Division to assess additional mandatory daily penalties pursuant to C.R.S. § 34- 33- 123(8)(i) and Rule 5.04.6(3). The Division, therefore, assessed a mandatory $750 daily penalty for the thirty days between December 31, 2012, and January 30, 2012, for a mandatory penalty of $22,500.00. Rule 5.04.6(3) -(4) states that the additional penalty shall not be assessed for more than 30 days. The total penalty assessed for the CO was $25,500.00. Bear did not appeal or otherwise seek review of the CO or the associated civil penalty. Further, if the violations are not abated during the 30 days beyond the NOV's abatement period, subparagraph (4) requires the Division to take enforcement action for an operator's extended failure to abate. Rule 5.04.6(4) states: