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ENFORCE25352
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ENFORCE25352
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Entry Properties
Last modified
8/24/2016 7:33:44 PM
Creation date
11/21/2007 10:59:48 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977210
IBM Index Class Name
Enforcement
Doc Date
12/7/1989
Doc Name
REPORTERS TRANSCRIPT VOL II
Media Type
D
Archive
No
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<br />• <br />• <br /> <br />1 <br /> <br />i <br /> <br /> <br />1 perhaps wasn'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 in my mind that really wasn't <br />6 discussed a lot today, however, was the fact that for different <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 there was communications back to them that muddied that issue. <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 appears to have been <br />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 of 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 />25 information generated from that voluntarily submitted information <br />
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