|
The record to be certified shall consist of all documents in Defendants' possession
<br />(whether in electronic or paper format), concerning In The Matter of Cotter Corporation's
<br />Possible Violations, Cease and Desist Order, Corrective Actions, and Civil Penalties, File No.
<br />M-1977-300, Notice of Violation No. MV-2010-018 and related proceedings. This would
<br />include, but is not limited to:
<br />(a) The complete permit file for Permit No. M-1977-300.
<br />(b) The complete enforcement proceeding file for Schwartzwalder Mine; Permit No. M-
<br />1977-300; Notice of a Reason to Believe a Violation Exists at the Schwartzwalder Mine, issued
<br />May 21, 2010 ("May 21, 2010 Notice of a Reason to Believe").
<br />(c) The transcripts of the Board's hearings of July 12, 2010 and September 15, 2010.
<br />(d) All other pleadings, applications, evidence, exhibits, demonstratives, slides, maps, and
<br />other documents presented to or considered by the Board in deciding the outcome of the
<br />enforcement proceeding for the May 21, 2010 Notice of a Reason to Believe and in issuing the
<br />Findings of Fact, Conclusions of Law, and Order, dated August 11, 2010.
<br />(e) The Board's Findings of Fact, Conclusions of Law, and Order, issued August 11, 2010.
<br />(f) All correspondence (whether in electronic or paper format) (1) between Cotter, its
<br />members, directors, officers, employees, agents, attorneys and other representatives, on the one
<br />hand, and any members, directors, officers, employees, agents, attorneys and other
<br />representatives for the Board or the Division, on the other hand, or (2) between any members,
<br />directors, officers, employees, agents, attorneys and other representatives for the Board and any
<br />members, directors, officers, employees, agents, attorneys and other representatives for the
<br />Division, relating to Technical Revisions, Amendments, or Notices of a Reason to Believe a
<br />Violation Exists concerning the Schwartzwalder Mine.
<br />(g) The complete enforcement proceeding file for the Schwartzwalder Mine, Permit No.
<br />M-1977-300, Notice of a Reason to Believe a Violation Exists at the Schwartzwalder Mine,
<br />issued by the Division on September 16, 2010 ("September 16, 2010 Notice of a Reason to
<br />Believe").
<br />(h) All other pleadings, applications, evidence, exhibits, and other documents presented to
<br />or considered by the Division in issuing the September 16, 2010 Notice of a Reason to Believe.
<br />DONE AND ORDERED this day of September, 2010.
<br />District Court Judge
<br />2
|