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2 <br />4 <br />7 <br />l t3 <br />11 <br />12 <br />to <br />14 <br />15 <br />16 <br />17 <br />is <br />19 <br />20 <br />2.1 <br />22 <br />23 <br />24 <br />25- <br />26 <br />,27 <br />28 <br />19. Chapter 6.95 ol'Divislon. 20 of Vie Health & Safety Code regulates the handling, <br />release andthreatened release of hazardous materials in the State.ofCalifornia, Article I of <br />Chapter 6,95 concerns the development and review of business plans relating to the handling and <br />release or threatened release of hazardous material, Business plans must include specific: <br />it formation "to prevent or nhitibyaw t' a damage to the health and sarevY of persons and <br />the environment Rom the relcase-orthreatened release of hazardous, materials into the workplace, <br />and environment." (Health& 8 f Code; §§ <br />25500; 255(14.) <br />ENFORCEMENT AUTHORITY UNDERTHE 11WCL <br />20. S-ection..25189 of the Health and $afety Code creates liability for any negligent or <br />intention -al violation, of thel-JWC1., or for any violation of any permit, rule, regulation, standard, <br />or requirement issued or prolm.U.1,Lwed pursuant to the JIMM, Section 2,51-89.2 is an alternative <br />striot fiability provision, Which, creates liabilit any <br />Y for violation of the !,-IWCL, or for <br />violation of any permit,, rule, regulation, standard, or require rent issued or promulgated pursuant <br />to the :14WCL <br />21, The I­TWCL, pursuant to Health and Safety Code sections 25181 and.25184, <br />authorizes the Court to issue an order that enjoins any ongoing or potential violation Of the <br />ENCL, or atty applicable rule, regul <br />'Promulgated pursuant to the HWCL. <br />22, Section. 251 a1 of the Health -and Safety Code provides that when die, DISC or a <br />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 />requested by the D'I'SC or unified program agency, the Attorney General or local prosecutor may <br />rnako'an appticationto the superior court for an order enjoining such acts or practices,, or Pbr can <br />order directing oomplianee, and upon an, appropriate showing by the DTSC or unifte&prograin <br />agency thatsuch person has en&agedin or is about to engag.e in any such arts_or prae-600% a <br />permanent or temporary injunction, restraining order, or -other order may be granted. <br />23 Health and Safety Code section 25184 provides that in civil actions brought <br />pursuant to the HWC1, in which an injunction or temporary restraining order is sought, -it shall not <br />8 <br />COMPLAI TH E <br />NT FOR PRRMANENT INJUNCTION, CIVIL PENALTIES AND 0 ER. QuITABLr_ RELIEF <br />