STIPULATED REQUEST FOR ENTRY OF [PROPOSED] FIRST AMENDMENT TO CONSENT DECREE; PROPOSED ORDER

(Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.)

MAXINE M. CHESNEY, District Judge.

Plaintiff San Francisco Baykeeper ("Baykeeper") and Defendant San Rafael Rock Quarry, Inc. ("SRRQ") (collectively, the "Parties") hereby stipulate to the following:

WHEREAS, on February 5, 2016, the Parties executed a [Proposed] Consent Decree to resolve the above-captioned matter;

WHEREAS, on April 6, 2016, the Court issued an Order entering the Consent Decree filed and executed by the Parties, see Dkt. 33;

WHEREAS, the best management practices ("BMPs") that SRRQ has implemented to date have not yet reduced pollutant levels in SRRQ's stormwater discharges to the desired levels;

WHEREAS, the Consent Decree automatically terminates on October 1, 2018;

WHEREAS, in order to allow SRRQ time to implement additional BMPs to achieve further pollutant loading reductions the Parties wish to extend the term of the Consent Decree;

WHEREAS, on September 28, 2018, the Parties executed the [Proposed] First Amendment to Consent Decree, attached hereto as Exhibit A.

WHEREAS, Baykeeper sent the U.S. Department of Justice ("DOJ") the [Proposed] First Amendment to Consent Decree for agency review pursuant to 33 U.S.C. § 1365(c)(3) and 40 C.F.R. § 135.5;

WHEREAS, on September 28, 2018, DOJ notified Baykeeper that it does not object to entry of the [Proposed] First Amendment to Consent Decree via email, attached hereto as Exhibit B.

WHEREAS, the Parties hereby stipulate and request that the Court approve and enter the [Proposed] First Amendment to Consent Decree as an Order of the Court, and retain jurisdiction over the Parties for the sole purpose of enforcing compliance by the Parties with the term of the First Amendment to Consent Decree and the previously-entered Consent Decree until the First Amendment to Consent Decree terminates;

NOW THEREFORE, IT IS HEREBY STIPULATED between the Parties that the Parties respectfully request the Court to approve the [Proposed] First Amendment to Consent Decree and to enter the [Proposed] Order attached hereto.

IT IS SO STIPULATED.

I attest that concurrence in the filing of this document has been obtained from Robert C. Goodman for San Rafael Rock Quarry, Inc.

[PROPOSED] ORDER

IT IS HEREBY ORDERED that the [Proposed] First Amendment to Consent Decree, attached hereto as Exhibit A, shall be entered as an Order of the Court and filed concurrently herewith.

IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the Parties for

IT IS SO ORDERED.

Exhibit A

FIRST AMENDMENT TO CONSENT DECREE

This First Amendment to Consent Decree ("First Amendment") is entered into by and between San Francisco Baykeeper ("Baykeeper") and San Rafael Rock Quarry, Inc. ("SRRQ") (collectively "Parties) for the purpose of modifying certain terms in the Consent Decree.

RECITALS

WHEREAS, to resolve the lawsuit brought by Baykeeper against SRRQ under the Federal Water Pollution Control Act, 33 U.S.C. section 1251 et seq., the Parties agreed to resolve the lawsuit through settlement to avoid the costs and uncertainties of further litigation;

WHEREAS, the Court entered the Consent Decree between Baykeeper and SRRQ as an Order of the Court on April 6, 2016, see Dkt. 33;

WHEREAS, the best management practices ("BMPs") that SRRQ has implemented to date have not yet succeeded in reducing pollutants to the desired levels;

WHEREAS, the Consent Decree automatically terminates on October 1, 2018;

WHEREAS, in order to allow SRRQ time to implement additional BMPs to achieve further pollutant loading reductions the Parties wish to extend the term of the Consent Decree.

NOW THEREFORE, IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ADJUDGED, ORDERED, AND DECREED BY THE COURT AS FOLLOWS: