shall be carried out pursuant to the Implementation & Enforcement Operation and Maintenance
Plan approved by the Department on April 1, 2004. The Final Risk Assessment approved by the
Department on March 25, 2002, concluded that use of the Property as a residence, hospital,
school for persons under the age of 21, or day care center might entail an unacceptable cancer
risk. The Department further concluded that restricting future land use of the Property to
commercial/industrial use is protective of human health or safety and the environment.
Groundwater at the Property is first found at 14 feet below ground surface. No contaminants
greater than the California maximum contaminant level (MCL) were detected in the groundwater
2.01. Department. "Department" means the California Department of Toxic Substances
Control and its successor agencies, if any.
2.02. Owner. "Owner" means the Covenantor, its successors in interest, and their
successors in interest, including heirs and assigns, who at any time hold title to all or any portion
of the Property.
2.03. Occupant. "Occupant" means Owners and any persons or entities entitled by
ownership, leasehold, or other legal relationship to the right to occupy any portion of the