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'' <br />~t <br />' 27 <br />' <br />' <br /> 1 it <br />s not clear to me. It <br />s not clear to me that the operator <br /> 2 would obtain the right to enter the Cedar Heights area and the <br /> 3 Cave of the Winds area such that it could be included in the <br />~' 4 permit. <br /> 5 However, the operator still--and corrective action <br /> 6 ld b <br />d <br /> wou <br />e un <br />er an obligation to take care of the appropriate-- <br />t 7 appropriately take care oP the problems in those areas. <br /> S CHAIRMAN DANIELSON: Okay. Did your motion include <br />'' 9 that? Does that second include that? <br /> 10 MS. KAEGER-ROVEY: Yes. <br />' 11 CHAIRMAN DANIELSON <br />I <br />h <br /> : <br />s t <br />ere any further discussion oP <br /> <br />12 i <br />the motion? All those in favor. Opposed. Passed four to one. <br /> 13 The question then is whether to impose any civil penalty and if <br />' 14 so, the amount. <br /> 15 We have the staff recommendations before you. Is there <br />i' 16 any comment on the staff's recommendations. I guess I would <br />' 17 suggest that, you know, in light of persistence of this problem <br /> 18 over some period of time, and the gradual emergence, I guess is <br />' 19 what I mean to say, I am not convinced that assessing any <br /> 20 substantial civil penalty is really in order. <br />' 21 MR. ENTZ: What do you consider substantial? <br />' 22 CHAIRMAN DANIELSON: Well, I was thinking perhaps we <br /> 23 could assess the penalty based on one, considering penalty for <br />' 24 purpose considering it to be one violation and suspend the <br /> 25 majority of that if the corrective actions are completed as <br />