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ENFORCE20982
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ENFORCE20982
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Last modified
8/24/2016 7:31:16 PM
Creation date
11/21/2007 9:52:54 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
5/31/2001
Doc Name
COVER SHEET
Violation No.
CV2000009
Media Type
D
Archive
No
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3 i <br />1 we withdraw the NOV. They are indicating that they <br />2 want to pursue their action in a court of law, <br />3 which we believe is their right statutorily. We <br />4 said okay. <br />5 Based on the authority that we believe <br />6 we have and certainly the practice that we've <br />7 exercised for 20 years of program operation, we <br />8 vacated the NOV and we indicated that the board <br />9 hearing would be cancelled, and, of course, the <br />10 withdrawal of that board hearing is a matter of <br />11 formal process and that's why we're here today. <br />12 Basin Resources adamantly opposes our action, and <br />13 they will be here to argue their case. <br />14 I guess we will respectfully ask -- I <br />15 will respectfully ask this board to consider the <br />16 actions today carefully. The fact is the division <br />17 has always interpreted the statute and the <br />18 regulations, and frankly the statute and the <br />19 regulations are not very explicit in this matter. <br />20 They are rather silent, and I think most of the <br />21 parties agree to that. <br />22 But it has been a long-standing practice <br />23 in our interpretation that the division can and <br />24 should vacate, modify, terminate NOVs for good <br />25 cause. We believe there was good cause in this <br />
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