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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />II <br />12 <br />material s at the California Facilities th at a re re ta i l store s, includ ing aerosol products. fertil izers, <br />ignitable liquids. paints. pesticides, pool chemicals. and other flammabl e or corro s ive materials. <br />Wal -M art also g enerates quantities of hazardo u s waste at th e Cal ifo rnia Fac il it ies from s pill s and <br />rel ease s of ha za rd o u s mate rial s. an d from customer re turn s of hazard o us items. <br />9. Defendant Wal-Mm1 is . or at a ll times rcl cva nllo th e c la im s in this co mplaint was, <br />lega ll y respon s ible fo r compliance w ith the prov isions of the Health and Safety Code, including <br />C h apters 6.5, 6.7 and 6.95 of Divis ion 20 , at it s California Facilitics . Tht.: Pcople arc inform ed <br />a n d bel ieve and th ereon allege that Wal-Mart is responsible for the o perations of the Cal ifornia <br />Facili ti es, that Wal-Mart controls the hazardous materials and ha7..ardo u s was te management <br />deci s ions at those Ca lifornia Facilities, that Wa l-Mart look acti o ns that caused the v iolati o ns <br />alleged herein, and that Wal-Mart 's auth o ri ty , contro l and actions at those Ca lifo rn ia Faci liti es <br />and in conducting business in Cal ifo rni a arc such that Wal-Mart cou ld have taken action to <br />pre ve nt the v io lati ons alleged herein . <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />2 1 <br />22 <br />10 . Wal-Mart is a ·'person." as defined in Health and Safety Code secti o n 25118. <br />Wal-Mart is a "bus ines s," as defined in Health and Safety Code sect ion 25501 , subd ivi s ion (d). <br />II. In th is Co mplaint when refcrence is made to any a ct of Wa l-Mart, such a ll egat ions <br />shall include acts of the owners, office~, directors , agcnts, employees, co ntractors, affiliates, or <br />representati ves o f Wal-Mart that supervise, control or direct its cmployees and agents w hil e <br />e n gaged in the m a n agement, directi o n. operati on or control of the affairs of the bu s in ess <br />organization and did so wh il e act ing within the course and scope of employment or agency of <br />Wal-Mart. <br />J U RISDICTION AND VENUE <br />12. Venue is proper in this cou nty pursuant to Hea lth and Safety Code sect ion 25 18 3 <br />23 in that certain of lh e vi o lation s alleged in the Compla int occurred in the County of San Diego and <br />24 that certa in o ther sta tewide v iolati o n s all eged in th e Complaint arc ' related to s uch v io lat io n s. <br />25 T his Court has jurisdiction pursuant to Art icl e 6, section 10 of th e Ca lifo rnia Con sti t uti on. <br />26 STATUTORY AND REGULATORY BACKGROUND <br />27 13 . The State of Cal ifornia has enacted a comprehens ive statutory and regulatory <br />28 fram ework for the gen eration , handling, treatment , s torage, transportation, and di sposal of <br />6 <br />COM PLAI NT FOR PERMANENT IN JUNCTION, CIV IL P ENALTIES AN D OTHER EQU ITABLE REL IEF