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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />is <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 />32. Each intentional disposal of hazardous waste at an unauthorized point discovered <br />within five years of commencing this action, exclusive of any applicable tolling periods and those, <br />set forth in paragraph 13 herein, subjects Defendants; and each of them, to a separate and <br />additional civil penalty under Health and Safety Code section 25189, subdivision (c). <br />33. Based on the above, Plaintiff requests injunctive relief against Defendants, and each <br />of them, under Health and Safety Code section 25181, and civil penalties against Defendants, and <br />each of them, under Health and Safety Code section 25189, subdivision (c) as set forth in <br />Plaintiffs prayer for relief. <br />SECOND CAUSE OF ACTION <br />(Negligent Disposal of Hazardous Waste at a Point Not Authorized; <br />Against all Defendants) <br />(Health & Safety Code § 25189, subd. (d)) <br />34. Plaintiff realleges paragraphs 1 though 25, 26c., and 27 through 28, inclusive. <br />35. Health and Safety Code section 25189, subdivision (d), prohibits the negligent <br />I disposal of hazardous waste at an unauthorized point. <br />36. Defendants, and each of them, have negligently disposed or caused the disposal of <br />hazardous waste from the Covered Facilities at unauthorized points in violation of California <br />Health and Safety Code section 25189, subdivision (d), and unless enjoined by order of the -Court, <br />Defendants, and each of them, may or will continue in the course of conduct as alleged herein. <br />37. Each negligent disposal of hazardous waste at an unauthorized point discovered <br />within five years of commencing this action, exclusive of any applicable tolling periods and those <br />set forth in paragraph 13 herein, subjects Defendants, and each of them, to a separate and <br />additional civil penalty under Health and Safety Code section 25189, subdivision (d). <br />38. Based on the above, Plaintiff requests injunctive relief against Defendants, and each <br />of them, under Health and Safety Code section 25181, and civil penalties against Defendants, and <br />each of them, under Health and Safety Code section 25189, subdivision (d), as set forth in <br />Plaintiff's prayer for relief <br />14 <br />First Amended Complaint for Preliminary and Permanent Injunction, Civil Penalties and Other Equitable <br />Case No. RG09457686 <br />