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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />to <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />bb. Failed to comply with the California Medical Waste Management Act, Health <br />and Safety Code section 117600 etseq., by improperly storing, transporting, and disposing of <br />pharmaceutical wastes; <br />cc'.' Failed to prev exit the dilution 'd'at'd9tricted waste; s te or r the residual from <br />treatment of a restricted waste, as a substitute for adequate treatment to achieve compliance with <br />Article 3 or Article 10 of Chapter 18 of Title 22 of the California Code of Regulations, or to <br />circumvent a land disposal prohibition imposed by 42 U.S.C. section 6924, in violation of Title <br />22 of the California Code of Regulations section 66268.3; and, <br />dd. Knowingly caused hazardous substances to be deposited into or upon the land of <br />another, without the permission of the owner, in violation of Penal Code section 374.8, <br />27. Pursuant to California Code of Civil Procedure section 128.7(b)(3), Plaintiff alleges <br />that the allegations set forth in Paragraph 26 of this Complaint are likely to have additional <br />evidentiary support after a reasonable opportunity for further investigation or discovery. <br />.28. Each of the acts and/or omissions pleaded in Paragraph 26 of this Complaint is part of <br />a continuing course of conduct by Defendant Target to violate California environmental laws and <br />regulations, such that the statutes of limitation have not yet begun to run on said L acts. <br />FIRST CAUSE OF ACTION <br />(Intentional Disposal of Hazardous Waste at a Point Not Authorized; <br />Against all Defendants) <br />(Health & Safety Code § 253.89, subd. (c)) <br />29. Plaintiff realleges paragraphs I through 25, 26c., and 27 through 28, inclusive, <br />30. Health and Safety Code section 25189, subdivision (c), prohibits the intentional <br />disposal of hazardous waste at an unauthorized point. <br />31. Defendants, and each of them, have intentionally disposed or caused the disposal of <br />hazardous waste originating from the Covered Facilities at unauthorized points, in violation of <br />California Health and Safety Code section 25189, subdivision (c), and unless enjoined by order of <br />the Court, Defendants, and each of them, may or will continue in the course of conduct, as alleged <br />herein. <br />13 <br />First Amended Complaint for Preliminary and Permanent Injunction, Civil Penalties and Other Equitable <br />Case No. RGO9457686 <br />V <br />