CORRESPONDENCE_2003-2005 - Laserfiche WebLink

Home Browse Search

t 1 WHEREAS, on or about May 1, 1997, Delta Funding, in its capacity as a lender and in 2 order to secure a real estate loan made to the then owner Leonard Lynch, acquired a security interest 3 in the real property known as 23(}23 South Santa Fe Road, Riverbank, California, APN# 249-060-13 4 ("the Property"); 5 WHEREAS,Mr. Lynch defaulted on the loan, and on February 18, 1998, a foreclosure 6 sale was conducted and the Property reverted to Delta Funding; 7 WHEREAS, it is believed that prior to 1988, the Property was part of what was known 8 as the Snyder Dump, which was later subdivided into several parcels, one of which became the 9 Property; 10 WHEREAS, Delta Funding did not operate the Snyder Dump solid waste disposal 11 facility during the period the facility accepted waste. Nor has Delta Funding permitted or authorized 12 anyone else to operate such facility or otherwise personally disposed of waste of any kind on the 13 Property; 14 WHEREAS, the County, acting by and through its Public Health Services, 15 Environmental Health Division, on or about April 10, 2000, issued Notice and Order No. 00-01 to 16 Delta Funding, pursuant to Public Resources Code sections 45000, 45005, and 45011, alleging, inter 17 glia, that Delta Funding allowed the accumulation of solid waste on the Property without a solid 18 waste facilities permit in violation of Title 27 California Code of Regulations, section 21563(b), 19 ordering Delta Funding to cease and desist from any further unauthorized disposal of"solid/hazardous 20 wastes" on the Property, and further ordering Delta Funding to remove and dispose of all such 21 "unauthorized solid/hazardous wastes" from the Property in accordance with a "detailed plan and 22 schedule for compliance;" 23 WHEREAS, a dispute has arisen between the County and Delta Funding over Delta 24 Funding's obligations and liability under certain provisions the California Integrated Waste 25 Management Law governing the operation and maintenance of solid waste disposal facilities (Pub. 26 Res. Code §40000,et seq.); 27 WHEREAS, on or about February 26, 2002, Delta Funding initiated this action by 28 filing a Complaint for Declaratory Relief and Damages against the County; and -2- 0-1711 11 ..-1nM cno PMTR V nF FiNAL JUDGMENT AND FINAL JUDGMENT