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t <br /> a <br /> 1 4.1.o. Failing, at any Covered Facility, to implement and maintain a business <br /> 2 emergency plan for emergency response to a release or threatened release of hazardous materials, <br /> 3 in violation of Health and Safety Code section 25503.5; <br /> 4 4.I.p. Failing to implement, maintain or to submit to the administering agency(as <br /> 5 defined in Health and Safety Code sections 25501 and 25502), a complete hazardous materials <br /> 6 business plan for each Covered Facility, in violation of Health and Safety Code sections 25504 and <br /> 7 25505 and California Code of Regulations,Title 19, section 2729; <br /> 8 4.1.q. Failing to maintain and operate any Covered Facility so as to minimize the <br /> 9 possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste <br /> 10 or hazardous waste constituents to air, soil or surface water which could threaten human health or <br /> 11 the environment, in violation of California Code of Regulations, Title 22, section 66265.31; <br /> 12 4.1.r. Failing to maintain containers holding hazardous waste at any Covered Facility <br /> 13 so as to prevent leaks, in violation of California Code of Regulations, Title 22, section 66265.173; <br /> 14 4.1.s. Failing to maintain adequate aisle space in any hazardous waste storage area at <br /> 15 any Covered Facility, in violation of California Code of Regulations, Title 22, section 66264.35; <br /> 16 4.Lt. Failing to conduct weekly inspections of hazardous waste storage areas at any <br /> 17 Covered Facility, in violation of California Code of Regulations, Title 22, section 66264.174. <br /> 18 4.2 On May 1, 2009 KMART provided to the People its program for proper handling, <br /> 19 storage and transportation and disposal of hazardous materials and wastes. KMART shall maintain <br /> 20 such program, or an equivalent program, as long as the injunction is in effect. As used in this <br /> 21 paragraph, "equivalent program" shall mean a program that is designed to achieve compliance with <br /> 22 Chapters 6.5 and 6.95 of Division 20 of the Health and Safety Code and the regulations promulgated <br /> 23 under these chapters in all material respects. <br /> 24 5. ENFORCEMENT OF FINAL JUDGMENT AND PENALTIES <br /> 25 5.1 In the event the People determine that a violation has occurred and that the Stayed <br /> 26 Penalty or some portion thereof is due and payable, the People will provide notice of such finding to <br /> 27 KMART in writing, setting forth with specificity the facts and law upon which such determination is <br /> 28 based. KMART shall, within 30 days, advise the People in writing whether it contests such notice. <br /> 8 <br /> sF-2679421 <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br />