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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 />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 />subdivision (b), prohibits the transportation of hazardous waste to a location not permitted or <br />otherwise authorized by DISC to receive the waste. <br />46. Defendants, and each of them, intentionally engaged in the transportation of <br />hazatdous Waste without a valid registration: fto"hiDTSC from the'C&&6dFacilites to <br />unauthorized locations, in violation of Health and Safety Code section 25163 and Title 22 of the <br />California Code of Regulations section 66263.23, 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 />47. Each act of unauthorized transportation discovered within five years of commencing <br />this action, exclusive of any applicable tolling periods and those set forth in paragraph 13 herein, <br />subjects Defendants, and each of them, to a separate and additional civil penalty under Health and <br />Safety Code section 25189, subdivision (b), for each intentional violation of Health and Safety <br />Code section 25163 and Title 22 of the . California Code of Regulations section 66263.23. <br />48. 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 (b), for each intentional <br />violation of Health and Safety Code section -25163 and Title 22 of the California Code of <br />Regulations section 66263.23, as set forth in Plaintiff s prayer for relief. <br />FIFTH CAUSE OF ACTION <br />(Negligent Unauthorized Transportation of Hazardous Waste; <br />Against all Defendants) <br />(Health & Safety Code, §§ 25163 and 25189, subd, (b); <br />CaL Code Regs., Tit. 22, § 66263.23) <br />49. Plaintiffrealleges paragraphs 1 through 25, 26a., 26b., and 27 through 28, inclusive. <br />50. Chapter 6.5 of the Health and Safety Code prohibits the unauthorized transportation <br />of hazardous waste. Section 25163 prohibits the transportation of hazardous waste without a <br />valid registration from DTSC. Title 22 of the California Code of Regulations section 66263.23, <br />subdivision (b), prohibits the transportation of hazardous waste to a location not permitted or <br />otherwise authorized by DISC to receive the waste, <br />16 <br />Amended Complaint for Preliminary and Permanent Injunction, Civil Penalties and Other <br />Case No. RG09457686 <br />