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1 <br /> I on the Radioshack appeal and the Order until February 28, 2005 and a First Amended Stipulation <br /> 2 which extended the stay until June 1, 2005; and <br /> 3 Whereas, the investigation has been delayed due to an unusually heavy rainy season,the <br /> 4 Parties have agreed that it is in the public interest to extend the stay for an additional 120 days in <br /> 5 order to enable RadioShack to complete an investigation of conditions at the site; <br /> 6 Now, therefore, the Department and RadioShack have entered into this Second Amended <br /> 7 Stipulation under the following terms and conditions: <br /> 8 1. All proceedings regarding RadioShack's appeal of the Order No. 04-01 and the <br /> 9 Letter shall be stayed an additional 120 days until October 1, 2005, while the Parties are engaged <br /> 10 in negotiations. Either Party may terminate negotiations at any time by providing the other Party <br /> 11 with written notice of its intent to terminate negotiations. <br /> 12 2. In the event that the Parties are not able to reach agreement regarding the <br /> 13 investigation and remediation of the World Enterprises landfill by October 1, 2005, the <br /> 14 Department shall schedule an administrative hearing in accordance with Public Resources Code <br /> 15 section 44310 to consider RadioShack's appeal within thirty (30) days of receipt of written notice <br /> 16 by either Party terminating negotiations. <br /> 17 3. All terms and obligations imposed by either Order No. 04-01 or the Letter are <br /> 18 stayed until a decision has been rendered by the San Joaquin County Solid Waste Independent <br /> 19 Hearing Panel or the Parties have reached an agreement regarding the investigation and <br /> 20 remediation of the World Enterprises landfill. <br /> 21 4. All statutes of limitation set forth in Public Resources Code, Division 30, <br /> 22 sections 40001-49620 shall be tolled while the Parties are engaged in negotiations. Such tolling <br /> 23 period shall terminate fifteen (15) days after either Party provides the other Party with written <br /> 24 notice of intent to terminate the negotiations. <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> 1-SF/7174077.1 2 <br /> SECOND AMENDED STIPULATION FOR STAY OF ADMINISTRATIVE HEARING& STAY OF ORDER <br /> 1 <br />