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i <br /> Mr. Costello stated that a settlement of litigation was not per se going to bind you <br /> against any course of aetion in the future. Each application would have to be taken <br /> on a case-by-case basis. But, obviously it would never help them to set a... (The <br /> phone rings and l can't dear what he 1s saying.) ...And thea decide something <br /> different. what they may want-to do was to consider some local by-law or regulation <br /> to distinguish property of this type and specify it as not being suitable or Acceptable <br /> for use and compliance with our...our denitrification regulations come into play <br /> with this I assume, do they? <br /> Mr. Harrington replied that that was incorrect. These were all state regulations. <br /> IVIS. Carron wondered if they should figure out hove many other situations like this <br /> might pop up. <br /> Mr. Costello stated that the fact of the matter was...maybe he should have a little <br /> heart to heart with Aran Bingham. Maybe they could call her sometime. Bet's face it. <br /> If the DEP was prepared to have their attorney sign off on something saying that <br /> they had made a tentative determination that they would approve this application. <br /> .Aren't they shoveling sand against the tide? In effect trying to hold out on their own <br /> if the DEP wasn't going to support them. The only way they were beeping this from <br /> being totally approved by the IEP was by withholding the local approval. They <br /> were trying to win a battle but they would ultimately lose the war is what it carne <br /> down to. <br /> Ms. warden felt that it Was thei'war. <br /> Mr. Costello stated that it was and it wasn't. Did they want to be involved in a <br /> quagmire Did they want to have people filing lawsuits every time they withheld <br /> their approval on hese things? <br /> Ms. warden interjected that it was their regulation. They were the ones who created <br /> this whole thing. <br /> Mr. Costello stated that the bottom line was that if they approved this and it went to <br /> thein and then they approve it under 15216. It wasn't their battle anymore. They had <br /> established a precedent. The IEP has established the precedent. <br /> Ms. warden noted that the whole thing was to remove the nitrogen and then they <br /> were going to turn around and okay this. <br /> Mr. Costello agreed with but the bottom line was that what they were trying to do <br /> was to he guardians at the gate at the local level. Yet, the DEP blowing their whole <br /> posture here by issuing a letter saying that it was tentatively determined that they <br /> would approve it. <br /> Mr. Harrington interjected that they were partially here because of Mr. McQuaid's <br /> 1 <br />