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I during the 5 year period specified in paragraph 8 may change from year to year. The terms in 2 this Consent Judgment which are defined in Health and Safety Code section 25501 shall have 3 the same meaning as stated therein. 4 3. JURISDICTION. 5 The Plaintiff and Settling Defendant agree that the Superior Court of California,County 6 of San Joaquin, has subject matter jurisdiction over the matters alleged in this action and 7 personal jurisdiction over the Parties to this Consent Judgment. 8 4. SETTLEMENT OF DISPUTED CLAIMS. 9 This Consent Judgment is not an admission by Settling Defendant regarding any issue of 10 law or fact in the above-captioned matter or any violation of any law. The Parties enter into this 11 Consent Judgment pursuant to a compromise and settlement of disputed claims, as set forth in 12 the Complaint, for the purpose of furthering the public interest. Settling Defendant waives its 13 right to a hearing on any matter covered by the Complaint prior to the entry of this Consent 14 Judgment. 15 5. PAYMENTS FOR CIVIL PENALTIES. COST REIMBURSEMENTS. 16 AND ENVIRONMENTAL TRAINING PROGRAMS. 17 5.1 Amount of Payment: Settling Defendant shall be liable for the payment of 18 TWENTY FIVE THOUSAND DOLLARS ($25,000.00) which is allocated as follows: 19 a. Civil Penalties: TWENTY FIVE THOUSAND DOLLARS ($25,000.00). 20 These penalties shall be allocated as follows: 21 i. Initial Penalty of TWENTY FIVE THOUSAND DOLLARS 22 ($25,000.00): Settling Defendant shall pay TWENTY FIVE THOUSAND 23 DOLLARS ($25,000.00) in one installment pursuant to the following schedule: 24 The payment shall be due and RMable to the below-mentioned agencies, and 25 shall be delivered to the San Joaquin County Office of the District Attorney, 26 Environmental Prosecutions Unit, within twenty (20) days of the entry of the 27 Consent Judgment. 28 A. TWELVE THOUSAND FIVE HUNDRED DOLLARS 3 CONSENT JUDGMENT,ORDER FOR PERMANENT INJUNCTION AND CIVIL PENALTIES