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1 <br /> <br /> <br />' <br />' 7 <br /> 1 perhaps wasn <br />t. <br />' 2 But that through the course of action, and I am not--it <br /> 3 wasn't estoppel but through a course of action that has been an <br />' 4 evolving problem that has sort of grown like the way amebas grow. <br /> 5 The critical factor i n my mind that really wasn't <br /> 6 di <br />d <br />t <br />l <br />d <br />h h <br />f <br />h <br />f <br />di <br />f <br /> scusse <br />a <br />o <br />owever, <br />to <br />ay, was t <br />e <br />act t <br />at <br />or <br />erent <br />f <br />' 7 reasons Castle Concrete a year or so ago came into the Division <br /> 8 voluntarily asking what needed to be done and suggested that <br />' 9 probably needed to be done with regard to this area. <br /> 10 For whatever reasons and we don't clearly know today, <br /> 11 th <br />i <br />ti <br />b <br />k t th <br />th <br />t <br />ddi <br />d th <br />t i <br /> ere was commun <br />ca <br />ons <br />ac o <br />em <br />a <br />mu <br />e <br />a <br />ssue. <br />' 12 Muddied that issue in the sense that a reasonable person could <br /> 13 have interpreted, Look what you are doing is okay out there with <br />' 14 regard to the roads. <br /> 15 What Castle Concrete was doing out there was not okay <br />' 16 but that was a communication that a <br />ears to have been <br /> pp <br />t 17 transmitted in one form or another. <br /> 18 This Board and the Division has had a long-standing <br /> 19 policy that if an--excuse me--if an ongoing operation, if the <br /> 20 operator brings in--or voluntarily brings in information as a <br />' 21 result of an environmental audit and asks what sort oY action and <br />' 22 wanted cooperation in terms of what sort of action needs to be <br /> 23 taken to eliminate that, that the Division and this Board are <br />' 24 rather reticent about issuing notice of violation based upon <br /> <br />1 25 information generated from that voluntarily submitted information <br />