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Case 2:08-cv-02623-GEB-DAD Document 365 Filed 04/20/12 Page 3 of 6 <br /> 1 e. Within 20 months,Dopaco shall complete the remedial work described in the <br /> 2 approved work plan and submit a report to the Water Board. Dopaco shall also <br /> 3 meet with the Water Board to obtain approval for follow-up, monitoring, or any <br /> 4 additional directions for remedial work. Dopaco shall be responsible for the cost <br /> 5 of any additional monitoring or remedial work. <br /> 6 f. Within 36 months,Dopaco shall provide Newark with a"no further action letter" <br /> 7 from the Water Board1for toluene contamination from the Dopaco Area, or a letter <br /> 8 from the Water Board stating that no further remedial action is required other than <br /> 9 groundwater monitoring, which Dopaco shall be responsible to pay for. If Dopaco <br /> 10 has not satisfied this requirement within 36 months, it shall also pay Newark <br /> l <br /> 11 $50,000 per month on.the first day of the 37`h month, and on the first day of each <br /> 12 month thereafter until this requirement is satisfied. The$50,000 payments shall be <br /> 13 capped at an aggregate of$1,000,000 (one million dollars). <br /> __7. _ United-States_Magistra.t Judge Brennan,_or-ifhe_is_unavailable,_another United_ -- . <br /> 15 States Magistrate Judge for the Eastern District of California assigned to this matter in his place, <br /> 16 shall preside over this Stipulated Injunction, and this Court shall retain jurisdiction to enforce the <br /> 17 terms of this Stipulated Injunction. <br /> 18 8. Dopaco may seek to extend the deadlines contained in Paragraph 6 based upon a <br /> 19 showing that agency delay beyond Dopaco's reasonable control, or Newark's delay, or an act of <br /> 20 God, prevented its performance. The need for additional remediation shall not be a basis for the <br /> 21 Court to extend these deadlines. <br /> 22 9. Dopaco, Inc. shall pay$1,200,000 (one million, two hundred thousand dollars)in <br /> 23 attorney fees and costs to The Newark Group by April 30, 2012. <br /> 24 10. This Stipulated Injunction is the final, integrated agreement between the Parties to ` <br /> 25 settle this case. <br /> 26 <br /> 27 <br /> 28 <br /> STIPULATED PAGPeffi- ]INJUNCTION 3 <br /> sf-3127787 <br />