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• <br />• <br />• <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 I <br />29 <br />One further point -- two further points. <br />First of all, we feel and it is justified for the board <br />to use civil penalties to get our attention. Perhaps <br />certain operators need a 2 x 2 on the forehead to get <br />an application in before you. The $5,000 we paid last <br />time was a very large railroad tie and Ore have an <br />application in before you. Now, we hope you do consider <br />we have already come up with $5,000. <br />The second point is that if a penalty is <br />assessed, we would and we would request that it be <br />deferred not only perhaps until a permit is issued, <br />but more appropriately because this takes the burden <br />off the agency, that it be deferred or suspended until <br />such time as the District Court makes its decision <br />and that would help us greatly. Then we can take <br />those questions to tl~e District Court. <br />MR. TURNER: Joe, it seems to me that the <br />violation is something that occurred prior to .7anuary <br />and that's really what we're examining, so the violations <br />would be on the deceased person and that is who the <br />violation would go to. Now, how that comes down in <br />the settling of the estate is something far, far beyond the <br />jurisdiction of the board to even get into. <br />hiR. P7nTSON: If I may respond, our <br />confusion in that regard and I agree that maybe one <br />rn ra + c : ~ Frr, v~rrr ,a .a.cs nc r -~ rr c. ! cC <br />CrrrJrrJ Sh,,.dim~J Rrp.,nrn <br />!Sl10 l hrrri wl/r R~aJ <br />inr :nl-.i ).fir <br /> <br />