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TSS in the effluent was 696 mg/l on January 17 , 6, 600 mg/l on <br /> January 26, and 5, 400 mg/1 on February 2, 1989 . (R. 67 , Vol . I ) . <br /> All samples show levels well above the 70 mg/l on a single day or <br /> the 35 mg/l on a thirty-day average effluent limitations for TSS <br /> imposed in the CDPS Permit . (R. 1073 , Vol . X) . Even assuming , as <br /> MCR alleges, that DMG ordered MCR to violate effluent limita- <br /> tions, DMG could not have caused the violations between January <br /> 17 and February 23, 1989, demonstrated by undisputed evidence in <br /> the record. <br /> MCR' s misrepresentation of the facts to support arguments <br /> not properly before this Court represents MCR' s efforts to once_ <br /> again avoid responsibility for its actions and to divert the <br /> Court ' s attention from the legitimate issues before this Court . <br /> This effort must be rejected. <br /> SUMMARY OF REPLY TO MCR' S ARGUMENTS <br /> CDH' s Opening Brief challenges the District Court ' s deci- <br /> sion because it ignores relevant and binding case and statutory <br /> law, it misapplies the case law it does rely upon, and results in <br /> the Court ' s interference, without proper basis , with the func- <br /> tions of an executive agency and with the legislative delegation <br /> of such functions to the agency. MCR' s Answer Brief recognizes <br /> the relevance of the statutory and case law ignored by the Dis- <br /> -4- <br />