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Pr- <br />ietiAN.19 1988 <br />BOOK 70 ,CF 638' . <br />addition, the permit could be suspended. In this case, the <br />license was suspended and Mr. Smith was required to shut down his <br />operation. He has 25 trucks and a substantial investment in that <br />operation, and Attorney Abernethy contended that having to shut <br />down his operation and buy substitute fill from a third party to <br />fulfillhis contractual obligations certainly worked a hardship <br />and a monetary Toss. <br />Chairman Scurlock felt the purpose of the bond is such that <br />if the site plan or other conditions aren't met, the county has <br />funds to make the necessary correction to the mining operation. <br />Commissioner Bird noted that he had always felt we would <br />need the bond if the operator walked away and left the site in a <br />poor condition. He did not think of it as being punitive, and <br />the Chairman also did not see the bond as a penalty. <br />Commissioner Bird asked staff if we did follow the proper <br />procedure once we were aware of the violation. <br />The Administrator and County Attorney indicated that we did, <br />and Attorney Abernethy stated that his client has no complaint <br />with anything other than forfeiting the bond. <br />Commissioner Bowman felt the question is how long had he <br />been in violation before he was cited, and Commissioner Wheeler <br />wished to know why he was in violation as he felt the operator <br />obviously must have known better. <br />Chairman Scurlock noted that if the violation is not <br />corrected within the seven days, then you go to the $500 a day <br />penalty, but the correction was made in a timely manner, and <br />Commissioner Bird pointed out that when you shut that operation <br />down, you are costing the operator a lot more than $500 a day and <br />he questioned which comes first after a violation, the Cease and <br />Desist Order or the $500 a day fine. <br />Assistant County Attorney Collins explained the Cease and <br />Desist Order goes out and the permit is suspended until the <br />conditions of the site plan that have been violated are complied <br />with. According to the ordinance, once the operation has been <br />78 <br />