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11 <br />T f <br />1 violations following a time schedule established by San Joaquin County Environmental Healt <br />2 Department for the site to be brought into compliance; <br />3 WHEREAS the Site is a "closed" site under Title 27, California Code of Regulations <br />4 (CCR) Section 21099(x), which includes sites which as here completed all closure activities prior <br />5 to November 11, 1990, in accordance with any regulations in effect at the time of the last receipt <br />6 of waste; <br />7 <br />WHEREAS pursuant to Title 27 CCR Section 21100(d) "Closed sites for which closure <br />9 plans were not approved pursuant to Section 21099 which pose a threat to public health and <br />10 safety or the environment shall implement the provisions of these regulations as required by the <br />11 LEA;" <br />12 WHEREAS in order for a "closed site" to presently implement the provisions of these <br />13 regulations as required by the LEA, an enforcement order shall be issued to the person or entity <br />14 presently having possession and control over the site; <br />15 - <br />WHEREAS Environmental Filtration Trust are the current owner of record of the Site, <br />16 <br />and is the sole [person or entity] presently having possession and control over the Site; <br />17 <br />18' <br />19 WHEREAS, Elevated and hazardous waste levels of lead, and arsenic as detected from <br />20 site sample analysis, which constitutes maintenance of - <br />21 <br />f21 a) a hazardous materials release site, <br />22 b) a hazardous substance release site, and <br />23 c) an unpermitted hazardous waste disposal site. <br />24 WHEREAS, ongoing violations in the operation of this site have been documented since <br />25 November 8, 2001, December 10, 2002, and July 14, 2003 which include: <br />26 1. Title 27 California Code of Regulation (CCR) Section 20530 — Site Security. The site is <br />27 open and unsecured. <br />-2- <br />