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This NOV should have been issued in a more timely manner. However, the MOU directing <br />its issuance also states, <br />"Nothing in this MOU shall be construed to preempt or alter the statutory or <br />regulatory responsibilities and authorities of either party." <br />DMG has regulatory responsibilities defined by Rules 5.03.2(2)(a), 4.05.1(1), and 4.05.2(8) <br />to issue enforcement actions when its inspectors discover water being discharged from a <br />permit area in violation of applicable effluent limits. Vacating this NOV because of when <br />it was issued would preempt DMG's regulatory responsibility and conflict with the intent of <br />our MOU with WQCD. <br />c:\wp51\052796 <br />