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1 51. Defendants, and each of them, have negligently engaged in the transportation of <br />2 hazardous waste without a valid registration from DTSC, from the Covered Facilities to <br />3 unauthorized locations, in violation of Health and Safety Code section 25163 and Title 22 of the <br />4 California-Codd of Regulations 'section 66263.23, and'lifile§s enjoihed'by order 'of the Court, <br />5 Defendants, and each of them, may or will continue in the course of conduct as alleged herein. <br />6 52. Each act of unauthorized transportation discovered within five years of commencing <br />7 this action, exclusive of any applicable tolling periods and those set forth in paragraph 13 herein, <br />8 subj ects Defendants, and each of them; to a separate and additional civil penalty under Health and <br />9 Safety Code section 25189, subdivision (b), for each negligent violation of Health and Safety <br />1,0 Code section 25163 and Title 22 of the California Code of Regulations section 66263.23. <br />11 51 Based. on the above,. Plaintiff requests injunctive relief against Defendants, and each <br />12 of them, under Health and Safety Code section 25181, and civil penalties against Defendants, and <br />13 each of them, under Health and Safety Code section 25189, subdivision (b), for each negligent <br />14 violation of Health and Safety Code section 25163 and Title 22 of the California Code of <br />15 Regulations section 66263.23, as set forth in Plaintiff's prayer for relief. <br />16 SIXTH CAUSE OF ACTION <br />17 (Strict Liability for Unauthorized Transportation of Hazardous Waste; <br />18 Against all Defendants) <br />19 (Health & Safety Code, §§ 25163 and 25189.2, subd. (b); <br />20 Cal. Cb.de Regs., Tit. 22, § 66263.23) <br />21 54. Plaintiff realleges paragraphs I through 25, 26a., 26b., and 27 through 28, inclusive. <br />22 55, Chapter 6.5 of the Health and Safety Code prohibits the unauthorized transportation <br />23 of hazardous waste. Section 25163 prohibits the transportation of hazardous waste without a <br />24 valid registration from DTSC. Title 22 of the California Code of Regulations section 66263.23, <br />25 subdivision (b), prohibits the transportation of hazardous waste to a location not permitted or <br />26 otherwise authorized by DTSC to receive the waste. <br />27 56. Defendants, and each of them, have engaged in the transportation of hazardous waste <br />28 without a valid registration from DTSC from the Covered Facilities to unauthorized locations, in <br />17 <br />First Amended Complaint for Preliminary and Permanent Injunction, Civil Penalties, and Other Equitable Relief <br />Case No. R009457686 <br />