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1.4. Respondent engaged in the management of hazardous waste at the Field Facility pursuant to a Permit By Rule issued by DTSC on July 28, 1993. 1.5. The terms used in this Consent Agreement are as defined in California Code of Regulations, title 22, section 66260.10, except as otherwise provided. A decision, comment, or other activity by DTSC, or any cost incurred by DTSC, shall be reasonable and necessary if, based on information known to the parties at the time the activity occurred or the cost was incurred, it was within the scope of DTSC's jurisdiction and discretion, and was not arbitrary and capricious. 1.6. Respondent agrees to implement all DTSC-approved workplans and to undertake all actions required by the terms and conditions of this Consent Agreement, including any portions of this Consent Agreement incorporated by reference. 1.7. Respondent waives any right to request a hearing on this Consent Agreement pursuant to Health and Safety Code section 25187, subject to Paragraph 15.5 herein. FINDINGS OF FACT 2.1. On December 31, 1996, Sigma Circuits, Respondent's predecessor company at the Field Facility, submitted a Phase I Environmental Assessment pursuant to Health and Safety Code section 25200.14. The Phase I Environmental Assessment identified that no further investigation is required at the facility. 2.1.1. In May 2001, Respondent ceased the manufacturing operations at the Field Facility and commenced closure activities. Respondent removed all equipment and materials from the facility. 2.1.2. In December 2001, Respondent conducted soil sampling and analysis at the Field Facility and identified areas of concern requiring investigation. Respondent conducted soil excavation and confirmatory sampling. 2.1.3. In August 2003, the San Joaquin County Certified Unified Program Agency ("CUPA") referred the closure and corrective action at the Field Facility to DTSC due to elevated levels of contaminants found during the closure activities. The contaminants of concern include 150 mg/kg copper; 610 mg/kg ammonia; 11,000 mg/kg TRPH; 0.023 mg/kg isopropanol; 260 mg/kg lead; 8.73 mg/kg chlorate; and 9.15 pH. 2.1.4. On November 24, 2003, DTSC conducted a site inspection of the Field Facility. Based on the site inspection and the information available to DTSC, DTSC has identified solid waste management units (SWMUs) and/or areas of concerns (ADCs) that either have released or may release hazardous waste or hazardous waste constituents into the environment. -2-