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s low f Re: Enforcement Order Status Page 2 February 8, 2008 Mick Evans was the primary holder of interest in the property and he used the property as collateral for equipment. Ms. Mc Anally held life tenancy on the property and that is why she was on the deed. This was explained during the Administrative Office Hearing on January 23, 2008. During the conference call with Mr. Steve Levine, indicated that Ms. Mc Anally could be held liable for penalties because she still owned the property when the compliance date on the N&O 04-02 was not met. It was determined that it would not be feasible to pursue penalties against Ms. Mc Anally at this time. Because of the foreclosure, Mr. Levine is currently researching the Lender Liability Exclusion Law to determine if it applies here. During the Administrative Office Hearing, Holt of California was represented Mr. John Thomas and they have agreed to meet and walk the site with the EHD staff by February 15, 2008. Mr. Thomas indicated that they will work with EHD to resolve the compliance issues at the site. The World Enterprises Turnpike Road Landfill (39-CR-0033) is owned by Tandy Corporation (Radio Shack Inc.). The N&O 04-01 was issued in October 2004. On November 15, 2004, the EHD received a letter from Radio Shack Incorporated requesting an extension of the 15 day right to an appeal deadline. A meeting between Radio Shack Counsel and San Joaquin County Counsel was held on November 23, 2004. During the meeting Radio Shack Incorporated assured the EHD that they would work to resolve the complaince issues on this site. Radio Shack Incorporated requested that the EHD rescind the N&O 04-01. San Joaquin County Counsel recommended that a stay of the N&O 04-01 would be more acceptable. On December 9, 2004, a Stipulation for Stay of the Administrative Hearing and Stay of the Notice and Order 04-01 was issued. A passive gas control vent was installed at the site in September 2006. The gas perimeter probes at the site were monitored twice a month for a year. The results indicated a downward trend to the gas levels and the site remains in compliance. The site is currently monitored quarterly for gas control. The site has complied with Notice and Order 04-01. Since the original stay was issued, it has been amended seven times to include new compliance dates. The stay was recently amended to allow additional time to negotiate with Radio Shack Incorporated to record on the deed, that the property has waste that is generating landfill gas. If Radio Shack Incorporated agrees to record on the deed,then the EHD will agree to rescind N&O 04-01. The EHD will notify the CIWMB of the final result of the stay within 30 days of the determination. If you have any questions, please contact me at(209)468-0332. Sincerely, Robert McClellon, REHS Program Coordinator Cc: John Macanas, California Integrated Waste Management Board,MS 10A-18