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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />On November 8, 1999, Robert McClellon and Mike Huggins of the Environmental <br />Division conducted a routine inspection at 23023 South Santa Fe Road Riverbank, <br />The property is commonly known as the Lynch property. The inspection was conducted from <br />railroad access. Site access was not obtained from the owner. There was evidence of <br />dumping. The dumping was of old furniture, appliances, tires, and household garbage. <br />Huggins stated that the waste has been dumped there recently and was not connected to <br />cleanup of July 1997. Pictures were taken (See Exhibit O, incorporated herein by reference). <br />On April 10, 2000 The Environmental Health Division issued a Notice and Order 00-01 <br />The Notice and Order was issued to Delta Funding UP PTP for existing and current solid <br />violations. <br />On May 8, 2000 a routine annual CIA Site inspection was conducted by Rodney <br />an Environmental Health Division employee. The inspection was conducted for the <br />access and Santa Fe Road. During the inspection several violations were noted. The site w <br />subject to new dumping. The site was unsecured and litter was leaving the site (See Exhibit P <br />incorporated herein by reference). <br />On May 12, 2000 I received a telephone call from Sherri Kirk of the Kirk Law Firm. <br />indicated that she was the Attorney for Delta Funding. She indicated that the matter was j <br />referred to her and she has not had time to review the status. She stated that the first <br />date was due today and would like to have some time to respond. I agreed. She said she <br />respond to me soon. <br />The Environmental Health Division received a letter from Sherri Kirk Attorney for <br />Funding, dated May 17, 2000. The letter indicated that Delta Funding did not operate or <br />the waste to be placed on the property. The letter stated that they felt that the "Lender Liabili <br />Exclusion " would apply ( See Exhibit Q, incorporated herein by reference). <br />On May 19, 2000 I received a phone call from Sherri Kirk Attorney for Delta Fundin <br />She indicated that she would like to set up a meeting between her client and the En <br />Health Division. I indicated that I would like to run it by County Counsel. She agreed. <br />Page 6 <br />