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0 0 <br />1 $20,000.00 as and for Hazardous Waste civil penalties; <br />2 $40,000.00 as and for Underground Storage Tank civil penalties; <br />3 $20,000.00 as and for Waste Tire civil penalties. <br />4 and stayed for a period of SIX (6) years from the date of signing this document, on the following <br />5 conditions: <br />6 a. Defendant will not violate Health and Safety Code sections 25100 et seq., as <br />7 described in paragraph 3 - 3g above; <br />8 b. Defendant will not violate Health and Safety Code sections 25280 et seq., as <br />9 described in paragraph 4 - 4a above; <br />10 c. Defendant will not violate Business and Professions Code sections 17200 et seq., as <br />11 describe in paragraph 6 - 6r above. <br />12 12. If all the conditions listed in paragraphs 3, 4, and 6 above are met, then SIX (6) years <br />13 from the filing date of this document, the stayed penalty shall be suspended permanently. <br />14 13. If all the conditions listed in paragraphs 3, 4, and 6 above are not met, then Plaintiff may <br />15 move this Court to further enjoin Defendants from any additional violations of any provision of this <br />16 Permanent Injunction and for imposition of the civil penalties as provided in Paragraph 11 for <br />17 violation of the Permanent Injunction. Upon a determination by this Court, Defendants shall be <br />18 liable for civil penalties as provided by law, including but not limited to Business and Professions <br />19 Code section 17206, for each violation of the provisions of the Permanent Injunction. <br />20 Any penalties or other relief sought by Plaintiff for such violations or alleged violations shall <br />21 be sought by noticed motion Plaintiff shall notify Defendants in writing of such alleged violations <br />22 and shall meet and confer with Defendants within twenty (20) business days of such written notice <br />23 prior to filing any such motion. The Parties shall negotiate in good faith in an effort to resolve any <br />24 further penalty assessments or other relief pursuant to this Paragraph without judicial intervention. <br />25 Defendants reserve all defenses in law and equity they may have with regard to any such violations <br />26 including the amount of any penalties sought. Appropriate weight to the number and egregiousness <br />27 of the violations will be given by the Prosecutor's office during this meet and confer provision. <br />28 14. Defendants are responsible for the uniform fee for filing the first paper in a civil action <br />7 <br />PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />