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Home My WebLink About05.0 Official Notice of Violation 07.09.1986,i#T1_ r -r n COLORADO DEPARTMENT OF HEALTH Richard D. Lamm � / Thomas M. Vernon, M.D. Governor /876 /1446S/ EGG!' July 9, 1986 Mr. Richard Y. Neiley, Legal Agent of Service Mid- Valley Paving 323 W. Main St. Aspen, CO. 81611 Jr. for Executive Director CERTIFIED MAIL NO. P167106828 H, JUL 14 Lu66 +r. Re: Official Notice of Violation Dear Sirs: Your attention is directed to the Colorado Air Quality Control Act, CRS, Sections,25 -7- 114(1) and (4), which read as follows: "(1) No person shall permit emission of air pollutants from, or construc- tion or alteration of any facility, process, or activity except residen- tial structures from which air pollutants are, or are to be, emitted un- less and until an air pollutant emissions notice has been filed with the Division with respect to such emission. A revised emissions notice shall be filed whenever a significant change in emissions is anticipated or has occurred. The commission shall exempt those sources or categories of sources which it determines to be of minor significance from the require- ment that an air pollutant emissions notice be filed." "(4) No person shall construct or substantially alter any building, facility, structure, or installation, except single family residential dwellings, or install any machine, equipment, or other device, or commence the conduct of any combinations thereof, or commence operations of any of the same which will or do constitute a new stationary source or a new in- direct air pollution source without first obtaining or having a valid per- mit therefor from the division, board, or commission, as the case may be; except that no permit shall be required for new indirect air pollution sources until regulations regarding permits for such sources have been promulgated by the commission. The commission shall establish rules, regulations, and procedures in accordance with the provisions of this article for the granting or denial of permits which shall be in conformity with the purposes of this article, as set forth in Section 25-7-102, but in no event shall regulations governing indirect air pollution sources be more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. Such procedures shall include, but not be limited.to, the following:..." It has come to the attention of the Air Pollution Control Division that your firm owns an asphalt plant located south of Glenwood Springs on County Road 109. A review of the Division's Permit files indicates that a permit has never been issued for this operation. 000 en ATU cT nr:1Atkin .ttINr'..TInN nr) RC)C)M 232 -- (303) 248- 7000 Mid- Valley Paving July 9, 1986 page 2 Should the asphalt plant contihue to operate without first obtaining a valid emission permit you will be subject to enforcement action in accord with Section 25 -7- 121(1) (court injunction) CRS, which reads in part as follows: "In the event any person fails to comply with a final order of the board, the division, or the commission that is not subject to stay pending admin- istrative review, or in the event any person constructs, modifies, or com- mences operation of any air pollution source in violation of Section 25- 7- 114(4), the board, the division, or the commission, as the case may be, may request the district attorney for the district in which the alleg- ed violation occurs or the attorney general to bring, and if so requested it is his duty to bring, a suit for an injunction to prevent any further or continued violation of such order or of Section 25- 7- 114(4)." Also be advised that you are subject to civil penalties up to $25,000 per day as provided by Section 25- 7- 122(1)(b), CRS, which reads as follows: "Any person who violates the requirements of Section 25 -7- 114(4) regarding construction, modification, or commencement of operation of an air pollu- tion source without such a permit shall be subject to a civil penalty of not more than twenty -five thousand dollars per day for each day of opera- tion after receipt of the notice of noncompliance or violation." Finally, you are also subject to a $100.00 civil penalty, in addition to the above cited penalty, as provided by Section 25- 7- 122(1)(c), CRS, which reads as follows: "Any person failing to comply with the provisions of Section 25- 7- 114(1) shall be subject to a civil penalty of not more than one hundred dollars." If your firm submits an APEN and permit application with all necessary infor- mation, a preliminary analysis of proposed air pollution control measures will be made to insure compliance with all applicable air quality control regula- tions and standards. If no problems are found, an initial approved permit will be issued allowing you to operate at that time. YOUR OPERATION WITHOUT A PERMIT IS ILLEGAL. All operations must be discon- tinued immediately and until such time as an emission permit has been obtained or action may be taken under the above cited Sections of Title 25, Article 7, CRS. If you have any questions, please contact me at 248 -7152. Sincerely, Scott J. ller �� Air Po1J. tion Control Division SJM/ zp/ cc: Mark Bean, Garfield County Planning Dept. Lee Cassin, Aspen-Pi tkin County Health Dept. Steve Frey, EPA Denver Office