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1 19. Chapter 6.95 ol'Divislon.20 of the Health &Safety Code regulates tfie handling, <br /> 2 release andthreatened release of hazardous materials in the Stiate ofCalifornia, Article I of <br /> 3 Chapter 6,95 concerns the development and review of business plans relating to the handling and <br /> 4 release or threatened release of hazardous material, Business plans must iiietude specific <br /> 5 it formation "to prevent or nhitibyaw the darriage to the health and sarety of persons and <br /> the environment Rom the release-or threatened release of hazardous,materials into the workplace, <br /> and environment." (Health& Saf Code; §§255M 25504.) <br /> 7 <br /> ENFORCEMENT AUTHORITY UNDERTHE 11WCL <br /> 20. S- ection..25189 of the Health and $afety Code creates liability for any negligent or <br /> intentional violation of thel-JWC1.,or for any violation of any permit, rule,regulation,standard, <br /> or requirement issued or prolmUtgated pursuant to the I'MCL. Section 2,51-89.2 is an altem.ative <br /> 11 <br /> striot liability provision, Which,creates liabilit any <br /> Y for violation of the;JJWCL'or for <br /> 12 <br /> violation of any permit,, rule, regulation,standard, or require ritent,issued or promulgated pursuant <br /> to tl1e:14WCl_ <br /> 14 <br /> 21, The I­TWCL,pursuant to Health and Safety Code sections 25181 and.25184, <br /> 15 <br /> authorizes the Court to issue an order that enjoins any ongoing or potential violation Of the <br /> 16 <br /> ENCL, or any applIcable rule, regul 0.a, permit,standard,requirornenti orordt r issued.or <br /> 17 promulgated pursuant to the HWC:L <br /> 18 22, Section 251 a1 of the Health-and Safety Code provides that when die,DISC or a <br /> 19 unified program agency determines that.any person has engaged in, is engaged in,or is about to <br /> engage in any acts or practices which constitute or will constitute a violation of any provision of <br /> the HWCL or any rule regulation, or requirement issued or promulgated thereunder,and when <br /> 22 requested by the D'I'SC or unified program agency,the Attorney General or local prosecutor may <br /> 23 makoan appticationto the superior court for an order enjoining such acts or practices,or Bor an <br /> 24 order directing oomplianee,and upon an,appropriate showing by the DTSC or uniffe&prograin <br /> 25. agency that such person has en&agedin or is about to engag.e in any such Arts or prao-600%a <br /> 2,6 permanent or temporary injunction,restraining order,or-other order may <br /> , he granted. <br /> ,27 23 Health and Safety Code section 25184 provides that in civil actions brought <br /> 28 pursuant to the HWC1,in which an injunction or temporary restraining order is sought,-it shall not <br /> 8 <br /> COMPLAI JUN T <br /> NT FOR PRRMANENT IN C..ION,CIVIL PENALTIES AND OTHEREQuITABLr-RELIEF <br />