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15 <br /> • • <br /> 1 operator takes measures to mitigate problems in a <br /> 2 i <br />i <br />h <br /> m <br />ne s <br />te, t <br />at the Board has taken that: into <br /> 3 consideration in determining the amount of civil <br /> 4 penalties. So I think that, fundamentally, the staff <br /> 5 disa <br />ree <br />with th <br />i <br />t <br />t <br />ti <br />th <br />t <br />ff <br />d b <br /> g <br />s <br />e <br />n <br />erpre <br />a <br />on <br />vras o <br />a <br />ere <br />y <br /> 6 Mr. Evans last month with regard to what this <br /> 7 boilerplate means. <br />' 8 CHAIRMAN DANIELSON <br />All <br />i <br />ht <br />Th <br /> : <br />r <br />g <br />. <br />en <br /> 9 I would suppose at this point a motion either to <br /> 10 approve this be here ordered or to amend it or reject <br /> 11 it <br />whatever is in order <br /> , <br />. <br /> 12 MR. O'COIQNOR: Okay. Czn I ask, Luke, <br /> 13 could you just briefly explain your rationale on, as <br /> 14 the hearing examiner <br />on why you chose to recommend <br /> , <br />' 15 that -- the various decisions that you did make. <br /> 15 CHAIRMAN DANIELSON: All right. The <br /> 17 motion for a .separste..he.aring.,. ~I. belieu•e.~o.ur:.. ~• . ,~.~- <br /> <br />''. 18 regulations and statutes provide totally different <br /> 19 kinds of proceedings for violations as from permit <br /> 20 amendments. I do believe that the operator is <br />' 21 entitled to have the permit, or, excuse me, have the <br /> 22 notice of violation matter heard on its merits <br /> 23 without a lot of the extraneous or additional matters <br />' 24 relating to permit amendments or other problems. And <br /> 25 as a result, 2 don't -- and I don't think it would be <br /> <br />' MIDYETT REPORTING SERVICE <br />(303) 424-2217 <br />