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50. Wa l-Mart has vio lated the hazardous waste handling and storage requirements <br />2 applicable to its California Facilities by virtue of the acts described in paragraph 37 above. <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />II <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 />51. Each violation of hazardous waste handling and storage requ ir ements that the <br />People discovered within five yea rs of commencing thi s action, exclusive of any applicable <br />lolling periods and those sct forth in para graph 25 herein , subjects Wal-Mart to a separate and <br />addit iona l civil penalty under Health and Safety Code sect ion 25189, o r alternatively under <br />section 25189.2. <br />Based on the above, the People request injunctive relief against Wal-Mart under <br />Heahh and Safety Code section 25181, and c ivil penalties against Wal-Mart under Health and <br />Safety Code section 25189 or 25189.2, as described in the People's prayer for relief. <br />FOURTH CAUSE OF ACTION <br />(V iolation of Underground Tank System Requirements) <br />(Hea lth & Safety Code Chapter 6.7 and Implementing Regulations) <br />53. Plaintiff rea lieges paragraphs I through 52, inclusive. <br />54. Within five years of commencing this action, exclus ive of any ap plica ble tolling <br />periods and those set forth in paragraph 25 herein , Wal-Mart has vio lated Chapter 6.7 ofthc <br />H ea lth and Safcty Code at certain California Facilities, by installing and operating underground <br />tank sys tcms that do not comp ly with C hapte r 6.7 and iL<; implementing regulations. <br />55 . Based on the above, the People request inj unctivc relief agai nst Wal-Mal1 under <br />Health and Safety Code section 25299.0 I, as described in the People's prayer for relief. <br />FIFTH CAUSE OF ACTION <br />(Violations of Hazardous Materials Release Response Plans and Inv cnto ry Laws) <br />56. Plaintiffrcalleges paragraphs 1 through 55, inclusive. <br />57. Wal-Mart is liable for civil pcnalties as set forth in Health and Safety Code sect ion <br />24 25514 for each and every separate violation of Health and Safety Code sections 25503.5 to <br />25 25505, inclusive, and sections 25508 to 25510, inclu sive, and any applicable pennit, rule, <br />26 re gulation, standard , or requirement issued or promulgated pursuant thereto which occurred <br />27 within five years after the discovery o f the racts constituting g ro und s fo r commencing the acti on <br />28 <br />15 <br />COMPLA INT FOR PERMANENT INJUNCTION, C IVIL PENAL TIES AND OTI-IER EQUITABLE RELIEF