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81 <br />1 language and in the authority of DMG to vacate at <br />2 any time up to a board hearing. <br />3 MR. JANOSEC: Okay. Any other questions <br />4 or comments for Mr. Brown? <br />5 MR. JAVERNICK: Mr. Brown, Harry <br />6 Javernick. Could you talk a little bit about good <br />7 cause -- vacating for very good cause? <br />8 MR. BROWN: Actually, I appreciate your <br />9 bringing that up. Thank you. Basin has argued <br />10 that the division has to have good cause to vacate <br />11 an NOV. I think that's a misreading of the <br />12 regulations, and we say that and argue that in our <br />13 first response which we filed a couple of days <br />14 ago. <br />15 The regs specifically state that you <br />16 have to have good cause to vacate a cessation <br />17 order, not a notice of violation, and in this case <br />18 there was no cessation order. So you don't have to <br />19 have good cause to vacate an NOV if you don't have <br />20 a cessation order along with it, and the regs are <br />21 very specific in that regard. <br />22 We think we do have good cause, and it's <br />23 for the reasons we've already cited; that the <br />24 citizen that initially filed the complaint has <br />25 withdrawn the complaint, that it's a private <br />