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0 0 <br /> I documentation is provided to the District Attorney at the time of the meet and confer, <br /> 2 then based on the type of violations alleged and the length of time required to correct <br /> 3 such violations,the District Attorney will not count these days toward any violation of <br /> 4 this Injunction. This, however,does not prohibit the San Joaquin County <br /> 5 Environmental Health Department or any other agency including the San Joaquin <br /> 6 County Office of the District Attorney from bringing a separate administrative action <br /> 7 based on the new alleged violation if warranted. Nothing in this Consent Agreement <br /> 8 prohibits the San Joaquin County Office of the District Attorney from filing a separate <br /> 9 and new action for new violations occurring on the Fastlane/B &G property after the <br /> 10 date of entry of this Order. <br /> 1 I d. It will not be deemed a violation of this Injunction in Paragraph 7g,if B&G applies <br /> 12 for and meets all requirements necessary for San Joaquin County Environmental <br /> 13 Health Department to issue a Permit to Operate,but the San Joaquin County <br /> 14 Environmental Health Department fails to issue said permit without any rational basis. <br /> 15 Any dispute regarding this issue shall be subject to the meet and confer process <br /> 16 describe in Paragraph 9a. <br /> 17 C. For the purposes of this Injunction only,California Code of Regulation,title 22, <br /> 18 section 66265.31 as described in Paragraph 6a of this Injunction shall be defined as <br /> 19 any leaking,spill,and release onto the ground as more particularly defined in <br /> 20 California Health and Safety Code section 25281(p). <br /> 21 10. The duration of the five(5)year Injunction shall commence from the date of the Notice <br /> 22 of Entry of Judgment. At the conclusion of the five(5)year injunction period the injunctive <br /> 23 provisions of this agreement will be of no further force of effect. Nothing herein is intended to <br /> 24 permit activities which are not currently permitted by California law or any other law. Nothing <br /> 25 herein is intended to permit B&G to engage in any activity prohibited by California law during the <br /> 26 injunctive period or any time thereafter. <br /> 27 11. Settling Defendant B&G shall pay the sum of FOURTEEN THOUSAND DOLLARS <br /> 28 ($14,000.00),as and for civil penalties,pursuant to Health and Safety Code section 25299. Said <br /> •5- <br /> CONSENT AGREEMENT AND STIPULATION FOR ENTRY OF FINAL JUDGMENT AND ORDER(PROPOSED) <br />