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III. CONCLUSIONS OF LAW <br /> 2.8 Respondent is a responsible party as defined by Health and Safety <br /> Code section 25323.5. <br /> 2.9 The substances improperly stored at the Site and described in Section <br /> 2.4 may include chemicals or compounds that are a "hazardous substance" as defined <br /> in Health and Safety Code section 25316. <br /> 2.10 There is a reasonable potential for a "release" and there is a <br /> "threatened release" of hazardous substances listed in Section 2.4 at the Site, as <br /> defined in Health and Safety Code section 25320. <br /> 2.11 The threatened release of hazardous substances at the Site presents <br /> an imminent and substantial endangerment to the public health or welfare or to the <br /> environment. <br /> 2.12 Response action is necessary to abate a public nuisance and/or to <br /> protect and preserve the public health. <br /> IV. DETERMINATION <br /> 4.1 Based on the foregoing findings of fact and conclusions of law, DTSC <br /> hereby determines that response action is necessary at the Site because there is a <br /> threatened release of a hazardous substance. <br /> 4.2 Based on the foregoing findings of fact and conclusions of law, DTSC <br /> hereby determines that there may be an imminent and/or substantial endangerment to <br /> the public health or welfare or to the environment because of the release and/or the <br /> threatened release of the hazardous substances at the Site. <br /> Page 7 of 25 <br />