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<br />' 2 3 <br />1 MR. COOLEY: It's whatever you thought they were doing. <br />I1 2 MR. BANTA: Maybe we can clarify, then I understand <br />3 what you are saying. Let's say you have somebody discharging of <br />~t 4 water in violation of the permit as long as they are discharging <br />5 the permit they are in violation particularly the order it. If <br />' 6 somebody is discharging water illegally, and they continue to <br />7 discharge that water in continuation of it, it would will be <br />8 illegal particularly and if a cease and desist would order them <br />' 9 to stop that discharge. <br />10 However, the staff investigation found that somebody <br />' 11 had discharged water illegally, and they are not doing it now, <br />12 then I think the Board has not issued cease and desist in that <br />13 circumstances. <br />' 14 I think what you are talking about where rocks was <br />15 pushed over the edge and they are no longer doing it, the <br />' 16 question is whether or not a cease and desist is--whether it is <br />' 17 necessary to tell them to stop doing something when they have <br /> 18 already stopped. <br />' 19 And likewiee to the access road maybe there needs to be <br /> 20 some discussion about that as far as whether they continued to <br />' 21 dump materials down there, but if they are no longer doing that <br /> 22 then the cease and desist is superYluous if they are not doing it <br />' <br /> 23 any more, but if they were continuing to load that area, the berm <br />' 24 or the boundaries, then th e cease and desist might be <br /> 25 appropriate. <br />