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a <br />1 cease and desist any improper action, and to take corrective action to correct the aforementioned <br />2 violations following a time schedule established by San Joaquin County Environmental Health <br />3 Department for the site to be brought into compliance; <br />4 WHEREAS the Site is a "closed" site under Title 27, California Code of Regulations <br />5 (CCR) Section 21099(a), which includes sites which as here completed all closure activities prior <br />6 to November 11, 1990, in accordance with any regulations in effect at the time of the last receipt <br />7 of waste; <br />8 <br />9 WHEREAS pursuant to Title 27 CCR Section 21100(d): "Closed sites for which closure <br />10 plans were not approved pursuant to Section 21099 which pose a threat to public health and <br />11 safety or the environment shall implement the provisions of these regulations as required by the <br />12 LEA;" <br />13 WHEREAS in order for a "closed site" to presently implement the provisions of these <br />14 regulations as required by the LEA, an enforcement order shall be issued to the person or entity <br />15 presently having possession and control over the site; <br />16 <br />WHEREAS McAnally, Hellen Lf., Est., Etal, are the current owner of record of the Site, <br />17 <br />and is the sole [person or entity] presently having possession and control over the Site; <br />18 <br />19 <br />20 WHEREAS, Elevated and hazardous waste levels of lead, as detected from site sample analysis; <br />21 which constitutes maintenance of: <br />22 a) a hazardous materials release site, <br />23 b) a hazardous substance release site, and <br />24 c) an unpermitted hazardous waste disposal site. <br />25 WHEREAS, ongoing violations in the operation of this site have been documented since <br />26 November 20, 2003 which include: <br />27 <br />-2- <br />