SITE INFORMATION AND CORRESPONDENCE

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1 1. The Department commenced this action on August 21, 1989, by issuing a 2 Corrective Action Order and Complaint for Civil Penalty (hereafter "Order and 3 Complaint") to Kearney. 4 2. The Department alleges that Kearney has violated certain provisions of 5 the Resource Conservation and Recovery Act ["RCRA'; 42 U.S.C. §§ 6901 et seg.] and 6 regulations issued thereunder and the California Hazardous Waste Control Act 7 ["HWCA"; California Health and Safety Code, Ch. 6.5, §§ 25100 et seq.] and the 8 regulations issued thereunder. 9 3. The Department, by entering into this Stipulation, agrees to settle only its 10 claims in the Order and Complaint in this action against Kearney; the Department 11 does not intend, by entering into this Stipulation, to settle any other claims, past or 12 future, it might have against Kearney or any other person(s) or entity(ies) for alleged 13 liability arising under any statute, regulation, or common law with respect to the 14 disposal, delivery, transportation, storage, treatment, handling or presence of materials 15 at the Kearney facility or for any release or potential release of such materials 16 therefrom or for any response, remedial cleanup, removal or similar or related actions 17 concerning the Kearney facility. 18 4. Each undersigned representative of the parties to this Stipulation certifies 19 that he or she is fully authorized to enter into the terms and conditions of this 20 Stipulation and to execute and to legally bind such party to this document. 21 5. Kearney agrees that the Department has jurisdiction to issue the Order 22 and Complaint in this matter and hereby waives any right to a hearing in this matter, 23 as well as any claims it might have that the Order and Complaint suffer from any 24 procedural or jurisdictional defect of any kind or nature. 25 6. Except as specifically provided herein, this Stipulation is not intended to 26 alter in any way the duties or rights of the parties pursuant to RCRA and regulations 27 issued thereunder or the HWCA and regulations issued thereunder. 2 .