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i <br /> 1 III <br /> 2 CONCLUSIONS OF LAW <br /> 3 ', 3 . 1 The substances, as described above, found on-site are <br /> 4 "hazardous substances" as defined by Health and Safety Code <br /> 5 Section 25316. <br /> 61 <br /> 3 . 2 Respondent is the responsible party as defined by Health <br /> 7 and Safety Code Sections 25319, 25360, and 25385. 1 (g) . <br /> 8 3 . 3 This Order complies with the requirements of Health and <br /> 9 Safety Code Section 25355 . 5 (a) (1) (B) . <br /> 10 3 . 4 The past, and potential present or future migration of <br /> 11 hazardous substances from the Site into the air, soil , surface <br /> 12 water and groundwater constitutes an actual or threatened <br /> 13 "release" as defined in Health & Safety Code Section 25320. <br /> 14 3 . 5 The Site is required to have a Remedial Action Plan <br /> 15 prepared or approved pursuant to Health and Safety Code Section <br /> 16 25356. 1. One of the statutory mechanisms available for the I <br /> 17 state to require a Remedial Action Plan is a Remedial Action <br /> 18 Order issued pursuant to Health and Safety Code Section <br /> 19 25355. 5 (a) (1) (B) . <br /> 20 IV <br /> 21 DETERMINATION <br /> 22 Based on the foregoing Findings of Fact and Conclusions of Law, <br /> 23 the Department has determined that: <br /> 24 4 . 1 Respondent is a responsible party who is required to take <br /> 25 the actions ordered below to protect the public health and <br /> 26 safety and the environment. <br /> 27 <br /> -8- <br /> IMURT PAPER <br /> 11TAW 0/CALIFORNIA <br /> STD. 113 111[V. [•721 <br /> 86 34700 <br />