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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />17204 hereby permanently enjoined from: <br />a. Violating Health and Safety Code section 25100 et seq., described in paragraph 3 — <br />3f above. <br />5. Defendant shall pay to Plaintiff the sum of TEN THOUSAND DOLLARS ($10,000.00), <br />as and for civil penalties, pursuant to Health and Safety Code §25192, in accordance with the <br />following schedule: <br />$5,000.00 made payable to the DEPARTMENT OF TOXIC SUBSTANCE <br />CONTROL — TOXIC SUBSTANCE CONTROL ACCOUNT, on or before OCTOBER 1, 2013; <br />$2,500.00 made payable to the SAN JOAQUIN COUNTY ENVIRONMENTAL <br />HEALTH DEPARTMENT — ENVIRONMENTAL HEALTH DIVISION TRUST, on or before <br />JANUARY 1, 2014; and <br />$2,500.00 made payable to the SAN JOAQUIN COUNTY OFFICE OF THE <br />DISTRICT ATTORNEY, on or before JANUARY 1, 2014. <br />6. Defendant shall be penalized, as and for civil penalties, pursuant to Business and <br />Professions Code sections 17200 et seq., in addition to those civil penalties set forth in paragraphs 5, <br />THIRTY THOUSAND DOLLARS ($30,000.00). However, it is stipulated by all parties that the <br />entire additional THIRTY THOUSAND DOLLARS ($30,000.00), in civil penalties shall be stayed <br />for a period of three (3) years on the following conditions: <br />a. Defendant shall not violate Health and Safety Code sections 25100 et seq., as <br />described in paragraph 3 — 3f above; <br />b. Defendant shall not violate or engage in any of the unlawful acts of unfair <br />competition as set forth in the First of Cause of Action of the complaint filed in this action, as well as <br />any other violations of the Business and Professions Code sections 17200 et seq., including but not <br />limited to Health and Safety Code sections 25100 et seq. <br />7. The THIRTY THOUSAND DOLLARS ($30,000.00) in civil penalties, described in <br />paragraph 6 above, shall immediately be due and payable, if the San Joaquin County Office of the <br />District Attorney files Declarations that Defendant violated Health and Safety Code sections 25100 <br />et seq. or Business and Professions Code sections 17200 et seq., as described in paragraphs 3 and 4 <br />-3- <br />PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />