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j <br /> 1 <br /> 1 waste -is , or probably will be , discharged into the waters of <br /> 2 'i the state and creates , or threatens to create , a condition of <br /> i <br /> 3 pollution or nuisance , to the extent required by the Plans <br /> 4 approved pursuant to Exhibit A. i <br /> 5 IV <br /> 6i! For the purposes of this Agreement , none of the <br /> 7 ' parties admits any factual allegations or legal assertions , nor <br /> 8do they waive any legal or factual defenses , including but not <br /> u <br /> 91! limited to all such factual and legal issues as are raised in <br /> 10 or by the Accusation and the Notice of Defense ; Request for <br /> 11 Continuance ; Request for Appointment of a Hearing Officer filed <br /> 12 by MCTC in response thereto. MCTC , and the Department agree , <br /> �j <br /> 13 !; however , to the issuance of a stipulated order in Case No . CAD <br /> • �I <br /> �j <br /> 141'_ 009140120 pursuant to Cal . Health and Safety Code § 25187 <br /> 15 without the necessity of a hearing or any findngs of fact or <br /> 16 conclusions of law. The Board does not object to the issuance <br /> 17,i of said stipulated order. <br /> i <br /> 18 i' V <br /> 19;' MCTC hereby agrees to prepare , submit and perform the <br /> 20 ; requirements specified in Exhibit A which is attached hereto <br /> �i <br /> i <br /> 21 and incorporated herein by this reference , in accordance with <br /> 22 the schedule specified therein. <br /> 23 V I <br /> 24 A . In the event MCTC is unable to perform any task <br /> 25 required under Article V of this Agreement , or is unable to <br /> 26 perform any such task within the time specified because of <br /> 27 circumstances beyond the reasonable control of MCTC , its agents <br /> 3 <br /> :URT PAPER <br /> "ATE OF CA'IFORNIA <br /> , 113 REV P <br />