California Department of Toxic Substances Control v. United States of America

Filing 9

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/31/17 ORDERING that the matter is STAYED until 3/1/2018. On or before 11/1/2017, the parties shall file a proposed Consent Decree with the Court. In the event that a proposed Consent Decree cannot be filed with the Court by 11/1/17, the parties agree to file a joint status report notifying the Court of the status of the approvals.(Mena-Sanchez, L)

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XAVIER BECERRA
Attorney General of California
SUSAN S. FIERING, State Bar No. 121621
Supervising Deputy Attorney General
ROSE B. FUA, State Bar No. 119757
HEATHER C. LESLIE, State Bar No. 305095
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for California Department of Toxic
Substances Control

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,

2:16-cv-02897-JAM-AC

STIPULATION AND ORDER TO
Plaintiff, CONTINUE THE STAY

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v.
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THE UNITED STATES OF AMERICA,

Judge: John A. Mendez
Action Filed: December 9, 2016

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Defendant.

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Stipulation and [Proposed] Order To Continue the Stay (2:16-cv-02897-JAM-AC)

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Plaintiff, the Department of Toxic Substances Control (“DTSC”) and Defendant, the

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United States of America (“United States”) hereby submit this Stipulation and [Proposed] Order

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to Continue the Stay and to postpone the deadline for dispositional papers. Dispositional papers

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are currently due on or before September 1, 2017. DTSC and the United States stipulate to lodge

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the proposed Consent Decree by November 1, 2017.

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BACKGROUND

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On or about December 9, 2016, DTSC initiated the above-captioned case, seeking cost

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recovery and declaratory relief under sections 107(a) and 113(g) of the Comprehensive

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Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9607(a)

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and 9613(g). The matter concerns the properties known as 711 and 750 Jackson Street, Benicia,

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Solano County, California (identified by Assessor’s Parcel number 0080-14-0440) and 938, 940,

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942, 945, 946, 952, and 954 Tyler Street; 963, 965, 967, 969, 971, 973, 977, 979, 981, 983, 985,

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989, and 991 Lincoln Street; and 900 and 954 Jackson Street, Benicia, Solano County, California

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(identified by Assessor’s Parcel numbers 0080-28-0010, 0080-28-0030, 0080-28-0040, 0080-28-

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0050) and all locations where hazardous substances released at, in, or from those addresses may

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come to be located in the future (the “Site”). On April 27, 2017 DTSC and the United States filed

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a Joint Notice of Tentative Settlement and asked the Court for additional time to file dispositional

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papers. On April 28, 2017 the Court filed a Minute Order that stayed the matter and instructed

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the parties to file dispositional documents on or before September 1, 2017.

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SETTLEMENT PROGRESS

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DTSC and the United States have been negotiating in good faith to resolve this matter.

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While staff attorneys have agreed upon the terms of the Consent Decree that will settle this matter,

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authorized officials within these two government organizations still need to review and approve

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the terms of the Consent Decree. In addition, the public, including the current and past owners of

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the Site, will be provided the opportunity to comment on the proposed Consent Decree. DTSC

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and the United States propose that the parties lodge a proposed Consent Decree approved by the

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management of both governments on or before November 1.

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1
Stipulation and [Proposed] Order to Continue the Stay (2:16-cv-02897-JAM-AC)

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After the proposed Consent Decree is lodged, DTSC and the United States agree that a 60-

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day comment period is appropriate. At the end of the comment period, DTSC will need to

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respond to public comments. Since we do not know the nature or the number of the comments

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that need to be answered, DTSC requests up to 30 days to respond to the comments. After those

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30 days, or sooner, if possible, the parties will file with the Court motions for approval of the

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proposed Consent Decree, unless public comments disclose facts or considerations that indicate

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the proposed Consent Decree is inappropriate, improper, or inadequate, in which case DTSC may

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withdraw or withhold its consent to entry of the Consent Decree.

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STIPULATION

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The parties hereby stipulate and agree that there is good cause for the Court to enter the

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following order:
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The matter is stayed until March 1, 2018. On or before November 1, 2017, the parties

shall file a proposed Consent Decree with the Court.
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In the event that a proposed Consent Decree cannot be filed with the Court by

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November 1, 2017, the parties agree to file a joint status report notifying the Court of the status of

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the approvals.

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IT IS SO STIPULATED.

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Dated: August 31, 2017

XAVIER BECERRA
Attorney General of California
SUSAN S. FIERING
Supervising Deputy Attorney General

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/s/ Heather Leslie
____________________________________
ROSE B. FUA
HEATHER C. LESLIE
Deputy Attorneys General
Attorneys for the California Department of
Toxic Substances Control

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Stipulation and [Proposed] Order to Continue the Stay (2:16-cv-02897-JAM-AC)

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Dated: August 31, 2017

JEFFREY H. WOOD
Acting Assistant Attorney General

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/s/ Mark Rigau (as authorized on 8/31/17)
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MARK A. RIGAU
Senior Trial Counsel
Environment and Natural Resources
Division
United States Department of Justice
Attorneys for the United States of America

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: __8/31/2017_________________

/s/ John A. Mendez_________________

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UNITED STATES DISTRICT COURT
JUDGE JOHN A. MENDEZ

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OK2015950029
33028804.doc

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Stipulation and [Proposed] Order to Continue the Stay (2:16-cv-02897-JAM-AC)