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s �- Ldl <br /> 1 BEFORE THE <br /> 2 ENVIRONMENTAL HEALTH DEPARTMENT <br /> 3 AS ENFORCEMENT AGENCY FOR SAN JOAQUIN COUNTY <br /> 4 <br /> 5 In the Matter of: ) NOTICE AND ORDER(Cease and Desist, <br /> Corrective Action Order) <br /> 6 ) NO. LEA-2017-02 <br /> Holly Commerce Center, LLC ) <br /> 7 20500 S. Holly Drive, Tracy, CA 95304 ) PUBLIC RESOURCES CODE <br /> 8 ) (§§44000.5, 44106, 45000, 45005, 45011, <br /> and/or 45023) , CALIFORNIA CODE OF <br /> 9 ) REGULATIONS, TITLE 14, (§§18304, <br /> 10 18304.1) <br /> 11 TO: Holly Commerce Center, LLC, 21 Lafayette Circle, Suite 200, Lafayette, CA <br /> 12 94549. <br /> 13 PLEASE TAKE NOTICE THAT: <br /> 14 WHEREAS, Holly Commerce Center, LLC, is the property owner of 20500 S. Holly <br /> 15 Drive, Tracy, California 95304 (APN 21216010); and <br /> 16 WHEREAS,the San Joaquin County Environmental Health Department ("EHD") has <br /> 17 authority to act in the capacity of enforcement agency (LEA) for this Site pursuant to Public <br /> 18 Resource Code (PRC) §§43200 and 44002, and is so acting; and <br /> 19 WHEREAS, an unpermitted composting facility is located at 20500 S. Holly Drive, <br /> 20 Tracy, California 95304 (APN 21216010); and <br /> 21 WHEREAS, Green Earth Recovery(39-AA-0057) was operating a green waste <br /> 22 composting operation on said property under a Notification Tier notification. The operators <br /> 23 exceeded the 12,500 cubic yard limitation without obtaining a Solid Waste Facility Permit <br /> 24 ("SWFP") for the Site; and <br /> 25 WHEREAS, Stephen A. Cortese is the owner of Holly Commerce Center, LLC; and <br /> 26 WHEREAS, on May 23, 2017, an email was received from Lynda Delguidice of Green <br /> 27 Earth Recovery(39-AA-0057), a green waste composting operation, stating that the business <br /> -1- <br />