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• .1 <br />, SAnt„Ry: 4lNRRTR FAVJ nFFTCF; <br />Hnd9RR9R11 ; <br />APr-77-n1 d:dnPlA; PApP. dl.ri <br />~. <br />t ~ <br />relief that the Talums request will not adversely affect the public health or safety orcausc siptificant <br />imminent environmental harm to land, sir, or water resources. <br />3. Based on the arguments of counsel, ii appears that the Board order at issue in this case <br />finds that Basin would be adversely affected by DMG's vtu:ation ofNotice of Violation No. C V-2000- <br />009 despite the apparent lack of substan[ial evidence in the administtativc record to support that <br />finding. <br />4. The Board order at issue also appears to conclude that the action of UMCi, in vacating <br />(ts own enforcement order, was without any authority. <br />5. The Court finds that the Tatums have shown that there is a suhstantial likelihood that <br />they will prevail on the merits of the final determination ol'lhe proceeding as to those issues. <br />6. The Court further finds that by being required to proceed forward to hearinK, the <br />1'atums would suffer irreparable injury. <br />Accordingly, ft fs O1tDERED that the Tatums application for temporary relief frotnthc "Final <br />Board Order in the Matter of the Board's Consideration of an Objection to the Withdrawal of the <br />IIearing on Notice of Violation No. CV-2000-009" be, and it hereby is, GRANTED. The Board shall <br />postpone its scheduled administrative hearing on Notice of Violation Nu. CV•2000-U09 pending <br />further order of this Court. <br />The Court further Oltl)@;fi) that the parties shall briel'tlte merits of this action, based on the <br />ndministrntive record tnadc before the Board, in accordance with the following schedule: <br />-3- <br />