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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />violations following a time schedule established by San Joaquin County Environmental <br />I I Department for the site to be brought into compliance; <br />WHEREAS the Site is a "closed" site under Title 27, California Code of Regulations <br />(CCR) Section 21099(a), which includes sites which as here completed all closure activities prior <br />to November 11, 1990, in accordance with any regulations in effect at the time of the last receipt <br />of waste; <br />WHEREAS pursuant to Title 27 CCR Section 21100(d): "Closed sites for which closure <br />plans were not approved pursuant to Section 21099 which pose a threat to public health and <br />safety or the environment shall implement the provisions of these regulations as required by the <br />LEA;" <br />WHEREAS in order for a "closed site" to presently implement the provisions of these <br />regulations as required by the LEA, an enforcement order shall be issued to the person or entity <br />presently having possession and control over the site; <br />WHEREAS Environmental Filtration Trust are the current owner of record of the Site, <br />and is the sole [person or entity] presently having possession and control over the Site; <br />WHEREAS, Elevated and hazardous waste levels of lead, and arsenic as detected from <br />site sample analysis, which constitutes maintenance of- <br />a) <br />£a) a hazardous materials release site, <br />b) a hazardous substance release site, and <br />c) an unpermitted hazardous waste disposal site. <br />WHEREAS, ongoing violations in the operation of this Facility have been documented <br />since November 8, 2001, December 10, 2002, and July 14, 2003 which include: <br />1. Title 27 California Code of Regulation (CCR) Section 20530 — Site Security. The site is <br />open and unsecured. <br />M <br />