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4. Basin submitted applications for renewal of permits C-81-012 and C-81-013 to <br />the Division in late August, 1993, less than 180 days prior to the expiration dates of these <br />permits. <br />5. The Division issued proposed decisions on January 25, 1994 on both of <br />Basin's applications for permit renewal. The proposed decisions proposed renewal of both of <br />Basin's permits subject to certain stipulations. <br />6. The Division's proposed decisions were subject to a 30-day public comment <br />period, which ended February 25, 1994. <br />7. Because no fural administrative decisions had been made on Basin's permit <br />renewal applications by January 25, 1994, and because Basin did not submit its renewal <br />applications at least 180 days prior to the expiration dates for the permits, Basin did not have <br />the right to continue operating beyond its permit expiration dates under Section 109('1)(f) of <br />the Act and Rule 2.08.5(2)(fj. <br />8. However, pursuant to Rule 2.07.4(3), Basin requested a formal hearing on the <br />Division's purposed approval of Basin's permit renewal applications. Basin,further requested <br />that the Board invoke its authority under Rule 2.07.4(3)(d) and 'grant such temporary relief <br />as it deems appropriate pending final determination of the proceedings". Basin requested the <br />Board grant. Basin the right to continue operating pursuant to pezmits C-81-012 and <br />C-81-013 pending final determination of the proceedings. <br />9. 1lte Division stated at the January 1994 Board Meeting that it believed Basin <br />met the conditions for temporary relief established in Rule 2.07.4(3)(d) and further <br />recommended that Basin's request for temporary relief be granted. <br />10. The Board found on January 26, 1994 that all parties to the proceeding were <br />notified and given an opportunity to be heard on the request for temporary relief. <br />11. The Board found on January 26, 1994 that Basin had demonstrated that there <br />existed a substantial likelihood that Basin would.prevail on the ultimate question of whether <br />the pemrits should be renewed. <br />12. The Board found on January 26, 1994 that allowing Basin to continue <br />operations until a final decision was reached on the permit renewal applications would not <br />adversely affect the public health or safety or cause significant environmental harm to land, <br />air, or water resoun..es. <br />13. The Board found on January 26, 1994 that the reflef sought by Basin was not <br />the issuance of a permit where a permit had been denied in whole or in part by the Division. <br />