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I on the RadioShack appeal and the Order until February 28, 2005, and subsequent requested 2 Amended Stipulations which have extended the stay until July 1, 2006; and 3 Whereas: During the pendency of the stipulated stay periods, RadioShack has diligently 4 proceeded under Department supervision and with Department approval to further investigate the 5 nature and extent of potential site contamination and potentially feasible remediation plans 6 including but not limited to the conduct of vapor extraction pilot tests, and submittal of 7 groundwater monitoring well installation and passive soil vapor extraction trench plans; 8 Whereas: Based on the foregoing, the Parties have agreed that it is in the public interest to 9 extend the stay for an additional 120 days in order to enable RadioShack to continue its site 10 investigative and remedial efforts; 11 Now, therefore, the Department and RadioShack have entered into this Fifth Amended 12 Stipulation under the following terms and conditions: 13 1. All proceedings regarding RadioShack's appeal of the Order No. 04-01 and the 14 Letter shall be stayed an additional 120 days until November 1, 2006, while the Parties are 15 engaged in negotiations and RadioShack is continuing necessary investigatory and remediate 16 efforts. Either Party may terminate negotiations at any time by providing the other Party with 17 written notice of its intent to terminate negotiations. 18 2. In the event that the Parties are not able to reach agreement regarding the 19 investigation and remediation of the World Enterprises landfill by November 1, 2006, the 20 Department shall schedule an administrative hearing in accordance with Public Resources Code 21 section 44310 to consider RadioShack's appeal within thirty(30) days of receipt of written notice 22 by either Party terminating negotiations. 23 3. All terms and obligations imposed by either Order No. 04-01 or the Letter are 24 stayed until a decision has been rendered by the San Joaquin County Solid Waste Independent 25 Hearing Panel or the Parties have reached an agreement regarding the investigation and 26 remediation of the World Enterprises landfill. 27 4. All statutes of limitation set forth in Public Resources Code,Division 30, 28 sections 40001-49620 shall be tolled while the Parties are engaged in negotiations. Such tolling I-LA/887733.I 2 FIFTH AMENDED STIPULATION FOR STAY OF ADMINISTRATIVE HEARING&STAY OF ORDER