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1 a. Failed to have at all times at least one employee either on facility premises or on <br />2 call with the responsibility for coordinating all emergency response measures, in violation of <br />3 California Code of Regulations, title 22 section 66262.34(d)(2); <br />4 b. Failed to retain a copy of each signed manifest for three (3) years or until the <br />5 generator receives a signed copy from the designated facility which received the waste, in violation <br />6 of California Code of Regulations, title 22 section 66262.40(a); <br />7 c. Failed to submit to the Department of Toxic Substance Control a legible copy of <br />8 the manifest with some indication that the generator has not received confirmation of delivery within <br />9 sixty (60) days from the date the hazardous waste was accepted by the initial transporter, in violation <br />10 of California Code of Regulations, title 22 section 66262.42(c); and <br />11 d. Failed to retain a copy of consolidated manifest for at least three (3) years, in <br />12 violation of Health and Safety Code section 25160.2(b)(3). <br />13 SECOND CAUSE OF ACTION <br />14 VIOLATION OF HEALTH AND SAFETY CODE SECTIONS 25500 ET SEQ. <br />15 <br />(HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY) <br />16 9. Paragraphs 1 through 8, above are incorporated herein by reference. Plaintiff is informed <br />17 and believes and based upon such information and belief alleges that beginning at an exact date that <br />18 is unknown to Plaintiff, but within five (5) years prior to the filing of this Complaint, Defendant <br />19 engaged in acts in violation of Health and Safety Code sections 25500 et seq., including but not <br />20 limited to the following: <br />21 a. Failed to complete and/or submit a site map, in violation of Health and Safety Code <br />22 section 25505(a)(2); <br />23 b. Failed to provide training for all new employees and annual training, including <br />24 refresher courses, for all employees in safety procedures in the event of a release or threatened <br />25 release of hazardous material, in violation of Health and Safety Code section 25505(a)(4); and <br />26 c. Failed to document training electronically or by hard copy and retain for a <br />27 minimum of three (3) years, in violation of Health and Safety Code section 25505(a)(4). <br />28 <br />-3- <br />VERIFIED COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEF