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COMPLIANCE ORDER ON CONSENT <br />In the Matter of Western Fuels Colorado, LI.0 <br />New Horizon Mine <br />Permit No. 88M0234F <br />24. Entering into this settlement shall not constitute an admission of violation of the air quality <br />laws or any applicable permit by WFC, nor shall the Division or any third party infer it to be such an <br />admission by WFC in any administrative or judicial proceeding. <br />25. WFC shall comply with all applicable Federal, State, and/or local laws and regulations and <br />shall obtain all necessary approvals or permits to conduct the activities described in or required by this <br />Consent Order and perform its obligations required hereunder. The Division makes no representation <br />with respect to approval and permits required by Federal, State, or local laws or regulations other than <br />those specifically referred to herein. <br />26. Nothing herein shall be construed as prohibiting, altering, or in any way limiting the ability of <br />the Division to seek any remedies or sanctions available by virtue of WFC's violation of this agreement <br />or of the statutes and regulations upon which this agreement is based, or for WFC's violation of any <br />applicable provision of law. <br />V. LIMITATION RELEASES AND RESERVATION OF RIGHTS AND <br />LIABILITY <br />27. Upon the effective date of this Consent Order, and during its term, this Consent Order shall <br />stand in lieu of any other enforcement action by the Division with respect to the Phase Two Work <br />described herein. This Consent Order does not grant any release of liability for any violations, regardless <br />of when they occurred, that are not cited or addressed in this Consent Order. The Division reserves the <br />right to bring any action it deems necessary to enforce this Consent Order. <br />28. Nothing in the preceding paragraph shall preclude the Division from imposing additional <br />requirements necessary to protect human health or the environment pursuant to its authority under §§ 25- <br />7 -112, 113, C.R.S. <br />29. WFC reserves its rights and defenses regarding liability in any proceedings regarding the <br />Facility other than proceedings to enforce this Consent Order: <br />30. Upon the effective date of this Consent Order, WFC releases and covenants not to sue the <br />State of Colorado as to all common law or statutory claims or counterclaims arising from, or relating to, <br />the potential violations of the Act or the Regulations specifically addressed herein. <br />31. WFC shall not seek to hold the Division liable for any injuries or damages to persons or <br />property resulting from acts or omissions of WFC, or those acting for or on behalf of WFC, including its <br />officers, employees, agents, successors, representatives, contractors or consultants in carrying out <br />activities pursuant to this Consent Order. WFC shall not hold out the Division as (a) a party to any <br />contract entered into by WFC in carrying out activities pursuant to this Consent Order, or (b) an owner, <br />operator or generator of hazardous wastes at the Facility. Nothing in this Consent Order shall constitute <br />an express or implied waiver of immunity otherwise applicable to the Division, its employees, agents or <br />representatives. <br />32. The Division reserves the right to bring any action or to seek civil or administrative penalties <br />for any past, present, or future violations of the Act and its implementing regulations, not specifically <br />addressed herein. Further, the Division has the right to bring any action to enforce this Consent Order <br />M <br />