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Resolution No. 86- 139 <br /> Pa ge 6 <br /> Mid-Continent is now in compliance or a written <br /> Petition requesting a hearing to determine any one or <br /> both of the following matters: <br /> a) Whether the alleged non-compliance exists or did <br /> exist ; or <br /> b) Whetner a variance or extension of time should be <br /> granted with respect to any such non-compliance <br /> which is determined to exist. <br /> Upon the receipt of such a petition, the Board shall <br /> promptly schedule a public hearing at a reasonable time <br /> and place to consider the matter set forth in the <br /> cease and desist order and in the petition. The <br /> hearing shall be convened and conducted pursuant to the <br /> procedures normally established by the Board for <br /> administrative hearings. Mid-Continent has the burden <br /> of going forward with the evidence and the burden of <br /> proof relating to the reasonableness of requests for <br /> extensions of time and variance. If the Board determ- <br /> ines by preponderance for the evidence that non- <br /> compliance exists that has noc been remedied, it may <br /> issue such orders as may be appropriate under the <br /> circumstances; provided, however, no order terminating <br /> the permit shall enter without the Board' s finding that <br /> a proponderance of the evidence warrants the action. <br /> The Board may stay its order pending further review at <br /> the insistance of Mid-Continent. if it does not so <br /> stay its order, the order shall be effective upon <br /> delivery to Mid-Continent, which may, of course, seek a <br /> judicial stay. A final determination of material non- <br /> compliance which has not been remedied or for which no <br /> variance has been granted shall at the option of the <br /> Board terminate this permit and Mid-Continent shall be <br /> required to discontinue its operations hereunder within <br /> such reasonable time thereafter as the Board may <br /> determine. It is herein recognized that Mid-Continent <br /> operations may continue during the course of the above <br /> described procedures unless the Board determines that <br /> Mid-Continent ' s actions represent severe and imminent <br /> danger to the environment or public health and safety. <br /> 22) M.L. R. Regulations - In the event the non-compliance <br /> complained of is an alleged violation of a federal or <br /> state regulation, and the agency responsible for <br /> enforcement has initiated (and timely pursues) remedies <br /> available to it, the Board waives any right to notice <br /> and hearing provided for in Paragraph 23 and agrees to <br /> be bound by the determination of the state or federal <br /> agency concerned, of judicial determination on appeal <br />