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<br /> <br />23 <br />1 HR. COOLEY: It's whatever you thought they were doing. <br />2 HR. BANTA: Maybe we can clarify, then I understand <br />3 what you are saying. Let's say you have somebody discharging of <br />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 xould 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 s cease and desist is--xhether it is <br />17 necessary to tell them to stop doing something when they have <br />18 already stopped. <br />19 And likewise to the access road maybe there needs to be <br />20 some discussion about that as far as xhether 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 superfluous if they are not doing it <br />23 any more, but if they were continuing to load that area, the berm <br />24 or the boundaries, then the cease and desist might be <br />25 appropriate. <br />