SITE INFORMATION AND CORRESPONDENCE

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1 7. In the event that Kearney fails to comply with any of the terms of the 2 Stipulation, the Department reserves the right to compel compliance with such terms 3 under all applicable law. Failure to comply with the terms of this Stipulation may 4 subject Kearney to civil penalties pursuant to California Health and Safety Code 5 section 25188. Nothing in this Stipulation shall limit the authority of the Department 6 to enforce all laws and regulations within its jurisdiction against Kearney with regard to 7 any alleged violation(s) other than the specific violations set forth in the Order and 8 Complaint. 9 8. Within thirty (30) days of the effective date of this Stipulation, Kearney 10 shall pay to the Department twenty-five thousand dollars ($25,000.00) as a civil penalty 11 for the violations alleged in the Order and Complaint. The check shall be made 12 payable to the Toxic Substances Control Program, Department of Health Services and 13 shall be delivered to: 14 Toxic Substances Control Program Accounting Office 15 Department of Health Services 714/744 P. Street 16 Post Office Box 942732 Sacramento, California 94234-7320 17 18 The remittance shall reference this action including the docket number. 19 9. The California Regional Water Quality Control Board, Central Valley 20 Region (hereafter "CRWQCB"), has issued Monitoring and Reporting Program No. 89- 21 163, setting forth monitoring and reporting requirements for Kearney (hereafter "MRP 22 No. 89-163"). Kearney agrees to comply with all requirements of MRP No. 89-163 in 23 accordance with the schedule set forth in Attachment A to this Stipulation and Order. 24 In addition, Kearney agrees to 1) provide to the Department copies of all reports 25 imposed by MRP No 89-163 of the CRWQCB, and other documents required by the 26 MRP No. 89-163; and 2) notify the Department no later than 30 days in advance of 27 any proposed changes in MRP No, 89-163. Notwithstanding any modifications to MRP a .