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y <br /> 1 on the Radioshack appeal and the Order until February 28, 2005 and Amended Stipulations which <br /> 2 have extended the stay until March 1, 2006; and <br /> 3 Whereas, the investigation has been delayed due to various factors including an unusually <br /> 4 heavy rainy season and the need to obtain an air emission permit, the Parties have agreed that it is <br /> 5 in the public interest to extend the stay for an additional 120 days in order to enable RadioShack <br /> 6 to complete an investigation of conditions at the site; <br /> 7 Now, therefore, the Department and RadioShack have entered into this Fourth Amended <br /> 8 Stipulation under the following terms and conditions: <br /> 9 1. All proceedings regarding RadioShack's appeal of the Order No. 04-01 and the <br /> 10 Letter shall be stayed an additional 120 days until July 1, 2006, while the Parties are engaged in <br /> 11 negotiations. Either Parry may terminate negotiations at any time by providing the other Party <br /> 12 with written notice of its intent to terminate negotiations. <br /> 13 2. In the event that the Parties are not able to reach agreement regarding the <br /> 14 investigation and remediation of the World Enterprises landfill by July 1, 2006,the Department <br /> 15 shall schedule an administrative hearing in accordance with Public Resources Code section 44310 <br /> 16 to consider RadioShack's appeal within thirty (30) days of receipt of written notice by either <br /> 17 Party terminating negotiations. <br /> 18 3. All terms and obligations imposed by either Order No. 04-01 or the Letter are <br /> 19 stayed until a decision has been rendered by the San Joaquin County Solid Waste Independent <br /> 20 Hearing Panel or the Parties have reached an agreement regarding the investigation and <br /> 21 remediation of the World Enterprises landfill. <br /> 22 4. All statutes of limitation set forth in Public Resources Code, Division 30, <br /> 23 sections 40001-49620 shall be tolled while the Parties are engaged in negotiations. Such tolling <br /> 24 period shall terminate fifteen (15) days after either Party provides the other Party with written <br /> 25 notice of intent to terminate the negotiations. <br /> 26 <br /> 27 <br /> 28 <br /> 1-SF/7 l 74077.l 2 <br /> FOURTH AMENDED STIPULATION FOR STAY OF ADMINISTRATIVE HEARING&STAY OF ORDER <br />