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ti 1 20, Chapters 6.5 and 6.95,and their implementing regulations,at KMART's operating retail 2 facilities in California on and before May 1,2009. As set forth in the Complaint filed concurrently 3 herewith(the"Complaint'), the People allege that KMART violated Chapters 6.5 and 6.95 of 4 Division 20 of the Health and Safety Code, and the regulations promulgated under those chapters; 5 and Business and Professions Code section 17200, et seq., by KMART's improper handling, 6 disposal, treatment, and/or storage of hazardous waste and hazardous materials generated in the 7 course of their operation of their California retail facilities from May 2003,through and including 8 May 1, 2009. 9 The Parties engaged in settlement negotiations prior to the filing of this Final Judgment. In 10 those settlement negotiations the People were represented by the Attorney.General of the State of 11 California and the District Attorneys for the Counties of San Joaquin,Ventura, and Riverside. 12 KMART was represented by Michael Steel of Morrison&Foerster, LLP. 13 The Parties have agreed to settle this matter without litigation pursuant to the terms of this 14 Final Judgment. Towards this end, the People have filed their Complaint simultaneously with the 15 lodging of this Final Judgment and a motion for approval of this Final Judgment. 16 The People believe that the resolution embodied in this Final Judgment is fair and reasonable 17 and fulfills the People's enforcement objectives; that the terms of this Final Judgment are 18 appropriate; and that entry of this Final Judgment is in the best interests of the public. This Final 19 Judgment is neither an admission nor a denial by KMART regarding any issue of law or fact alleged 20 in the Complaint in this matter or of any violation of any law. 21 FINAL JUDGMENT INCLUDING INJUNCTION 22 PURSUANT TO STIPULATION; ORDER 23 The Parties, after opportunity for review by their respective counsel,hereby stipulate and 24 consent to the entry of this Final Judgment as set forth below. 25 1. DEFINITIONS 26 Except where otherwise expressly defined in this Final Judgment, all terms shall be 27 interpreted as set forth herein and consistent with Chapters 6.5 and 6.95 of Division 20 of the Health 28 and Safety Code and the regulations promulgated under those chapters. 2 sF-2679421 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT