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certain stipulations. <br />6. The Division's proposed decisions are subject to a <br />30-day public comment period, which ends February 25, 1999, in <br />which any person which may have an interest who is or may be ad- <br />versely affected by either or both of the Division's proposed de- <br />cisions may request a formal hearing before the Board under Rule <br />2.07.4(3)(a). <br />7. Because no final administrative decision has yet been <br />made on Basin's permit renewal applications and because Basin did <br />not submit its renewal application at least 180 days prior to the <br />expiration dates of the permit, Basin does not have a right to <br />continue operating beyond its permit expiration dates under <br />Section 109(7)(f) of the Act and Rule 2.08.5(2)(f). <br />8. However, pursuant to Rule 2.07.4(3), Basin requested a <br />formal hearing on the Division's proposed approval of Basin's <br />permit renewal applications. Basin further requested that the <br />Board invoke its authority under Rule 2.07.4(3)(d) and "grant <br />such temporary relief as it deems appropriate pending final de- <br />termination of the proceedings." Basin has requested that the <br />Board grant Basin the right to continue operating pursuant to <br />Permit Nos. C-81-012 and C-81-013 pending final determination of <br />the proceedings. <br />9. The Division stated that it believes Basin meets the <br />conditions for temporary relief established in Rule 2.07.4(3)(d) <br />and recommended that Basin's request for temporary relief be <br />granted. <br />10. The Board finds that all parties to the proceeding <br />were notified and given an opportunity to be heard on this <br />request for temporary relief. <br />11. The Board finds that Basin has demonstrated that there <br />is a substantial likelihood that it will prevail on the ultimate <br />question of whether the permits should be renewed. <br />12. The Board finds that allowing Basin to continue oper- <br />ations until a final decision is reached on renewal of the per- <br />mits will not adversely affect the public health or safety or <br />cause significant environmental harm to land, air or water <br />resources. <br />13. The Board finds that the relief sought by Basin is not <br />the issuance of a permit where a permit has been denied, in whole <br />or in part by the Division. <br />-2- <br />