CORRESPONDENCE_2003-2005 - Laserfiche WebLink

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• 0 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 23023 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 has never operated a solid waste disposal facility on the 11 Property, or permitted or authorized anyone else to operate such a facility or otherwise disposed of 12 waste of any kind on the Property; 13 WHEREAS, the County, acting by and through its Public Health Services, 14 Environmental Health Division, on or about April 10, 2000, issued Notice and Order No. 00-01 to 15 Delta Funding, pursuant to Public Resources Code sections 45000, 45005, and 45011, alleging, inter 16 alia, that Delta Funding, allowed the accumulation of solid waste on the Property without a solid 17 waste facilities permit in violation of Title 27 California Code of Regulations, section 21563(b), 18 ordering Delta Funding to cease and desist from any further unauthorized disposal of"solid/hazardous 19 wastes" on the Property, and further ordering Delta Funding to remove and dispose of all such 20 "unauthorized solid/hazardous wastes" from the Property in accordance with a "detailed plan and 21 schedule for compliance;" 22 WHEREAS, a dispute arose between the County and Delta Funding over Delta 23 Funding's obligations and liability under certain provisions the California Integrated Waste 24 Management Law governing the operation and maintenance of solid waste disposal facilities (Pub. 25 Res. Code § 40000, et seq.); 26 WHEREAS, on or about February 26, 2002, Delta Funding initiated this action by 27 filing a Complaint for Declaratory Relief and Damages against the County; and 28 WHEREAS, the parties desire to resolve this matter without the time and expense of -2- STIPULATION FOR ENTRY OF FINAL JUDGMENT