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1 Site. The Department has also issued several letters addressed to Tandy Corporation which allege <br /> 2 that RadioShack must submit a Remediation Work Plan to control landfill gas in accordance with <br /> 3 <br /> sections 20919—20937 of Title 17 of the California Code of Regulations. The most recent letter <br /> 4 <br /> issued by the Department is dated November 15, 2004. (Attached hereto as Exhibit B). <br /> 5 <br /> 6 This appeal and request for administrative hearing is submitted pursuant to sections 44307 <br /> 7 and 44310 of the Public Resources Code. Under the current version of section 44310(a)(1) of the <br /> 8 Code, an administrative appeal "shall be initiated by the filing of a request for a hearing. . . ." <br /> 9 Pub. Res. Code § 44310(a)(1). Section 44310(a)(2) also provides that the enforcement agency <br /> 10 shall "provide written notice . . . requiring the person to provide the enforcement agency with a <br /> 11 <br /> statement of issues that require a hearing at least 20 days prior to the date of the hearing." Pub. <br /> 12 <br /> 13 Res. Code § 44310(a)(2). During the 2004 legislative session,the Legislature adopted and the <br /> 14 Governor signed Assembly Bill 2159 which amends certain provisions of sections 44307 and <br /> 15 44310. One of the legislative amendments will require a person submitting an appeal to initiate <br /> 16 the process by filing"a written request for a hearing with a statement of issues." AB 2159, Sec. <br /> 17 8. Because it is unclear whether this amendment is effective immediately or will only become <br /> 18 effective on January 1, 2005, RadioShack is including the following Initial Statement of Issues. <br /> 19 <br /> However, RadioShack requests, and expressly reserves the right to submit a more detailed <br /> 20 <br /> 21 Statement of Issues, if it is determined that the amendments made by AB 2159 will not become <br /> 22 effective until January 1, 2005. <br /> 23 Initial Statement of Issues <br /> 24 The issues for which RadioShack requests an administrative hearing are set forth below: <br /> 25 1. Whether Sections 20919-20937 of the Title 17 of the California Code of <br /> 26 Regulations Are Applicable to Closed Facilities Like The World Enterprise <br /> Site Which Have Not Received Solid Wastes After October 9 1991? <br /> 27 <br /> 28 <br /> 1-SF/7170386.1 2 <br /> Notice of Appeal,Request for Administrative Hearing& Initial Statement of Issues <br />