support their side it's like a building technical operation it's very much white running an airport or running a power plant something along those lines we entered into the lease with a community landfill corporation responsible for financial assurance for closure and full school because it makes sense as a statutory scheme that the person who's out there doing the day to day operations don't do those things and it was an argument by the state that we did it and the board never found that we get what didn't work fine or found that we did three or four things that they use to find that we were conducting a landfill operation now what were the first of all why don't they said morris financed the operation to get mor residence that's what we do under the regulations a landfill operator is required to do to contract out  it also they paid all of the costs associated with that so we didn't know the amount or any of that it was simply a performance by what else did they said well they also said the border also said but they don't tell us what those decisions were and they don't tell us what discretion we had and i really don't see anything in the record that shows that we made any other decisions or did anything we were the landlord of this landfill and local governments responsible for these for these closure cost assurance then we could have put them into their regulations but go they put it in the the issues that we are you know three four off the table right away in july of two thousand and ten we knew if a company's lease for the infill expired and we haven't been on the site since then in the summer in the billion dollar and some change penalty against c l c they did that even though i think in this case the facts will show that that was the really any penalty would be unreasonable in this case either against us or the when they purchased seventeen million dollars worth of compliant bonds when they vetted those bonds by agency council you see financial shuras the rector the agency's permit manager who dollars because we had to put things in like additional e j collection additional separation where additional groundwater monitoring off in the entire gas collection system all this stuff was expensive all this stuff had to be paid for the only  twenty twenty eight dollars a yard which was a going rate that's twenty eight million dollars and we continue to have the ability to put the waste away feel like everyone expected we not only would have been able to pay for this every few million dollars you closure in all the rest of our costs one is in the fall so i guess my point is i don't mean to say i told you so but years ago i heard hinted that this was going to happen i sad if you're going to find these indeed were trying to get it both ways so that really the point you're not of telling them what to do you're saying guess what we did have these facts in front of us and you know to now do that raises a question you know we tell us the storage how quickly do leeching control devices need to be installed and then the other case where the frontier bonds were compliant so this shows a significant involved in shaping the landfill can become an operator is if no one else is operating you take the on with these regulations and to be consistent with the fads the board takes up the local government exemption and the board and throughout the term or so they say owner now where they never did before actually going correction one regulation that  and says well that's destructive it says owner or operator but just as one of the final scene what that means is one who or the other must provide financial assistance the owner and the operator can decide between them who's going to step up and do that in the first instance but they both retain the obligation and they're both ultimately liable and get the ultimate point here is that the city's reading this conduct in disposable language as an additional layer of restriction that really they didn't make it onerous while they said all over these proposed requirements would apply to both the municipal waste landfill owner and the operator only one would be required to demonstrate financial services this is a federal state's appendix in page eight thirty two the e p a considered but rejected the action of requiring both the phone or any operator to demonstrate financial insurance and there's a reason for that they want the operator to post a financial insurance because they want their operator to have to do to be sure that he does it should they do it right now i want to cover real quickly the standard of review because you've got to be careful  five years it had to be renewed by june fourteenth two thousand and seven two thousand and one even if i may thirty first of two thousand in order to get t