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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 />9. Whenever in this Complaint reference is made to any act of Defendants, such allegation <br />shall be deemed to mean that Defendants and their officers, agents, employees, or representatives, <br />did or authorized acts while actively engaged in the management, direction, or control of the affairs <br />of said Defendants, and while acting within the course and scope of their duties. <br />10. All Defendants at all times acted as agents of one another. With regard to the conduct <br />and omissions alleged in this Complaint, each of the Defendants ratified the actions of the other <br />Defendants. <br />FIRST CAUSE OF ACTION <br />VIOLATION OF HEALTH AND SAFETY CODE SECTION 25100 ET SEQ. <br />(HAZARDOUS WASTE CONTROL ACT) <br />11. Plaintiff is informed and believes and based on such information and belief alleges that <br />beginning at an exact date that is unknown to Plaintiff, but within five (5) years prior to the filing of <br />this Complaint (CCP §338.1), Defendants engaged in acts in violation of Health and Safety Code <br />§25100 et seq., including but not limited to the following: <br />a. Disposed or caused the disposal of a hazardous or extremely hazardous waste at a <br />point which is not authorized, in violation of Health and Safety Code section 25189(d); <br />b. Failed to train facility personnel in hazardous waste management procedures <br />relevant to the positions in which they are employed, in violation of California Code of Regulations, <br />title 22 section 66265.16; <br />c. Failed to maintain personnel training documents and records at the facility, in <br />violation of California Code of Regulations, title 22 section 66265.16(d); <br />d. Failed to maintain and operate facility to minimize the possibility of fire, <br />explosion, or any unplanned sudden or non -sudden release of hazardous waste, in violation of <br />California Code of Regulations, title 22 section 66265.31; <br />e. Failed to have a contingency plan for the facility, in violation of the California <br />Code of Regulations, title 22 section 66265.51(a); and <br />f. Failed to keep container holding hazardous waste closed during transfer and <br />storage, except when it is necessary to add or remove waste, in violation of California Code of <br />Regulations, title 22 section 66265.173(a). <br />-3- <br />VERIFIED COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEF <br />