COMPLIANCE INFO 2005 - 2009 - Laserfiche WebLink

Home Browse Search

i 1 20. As used herein, "Covered Parties"means Defendants, collectively and individually, and 2 the other entities to whom this Final Judgment is applicable pursuant to Paragraph 2 above. 3 21. As used herein, "Covered Matters"means any claims under Chapters 6.5, 6.7 and 6.95 of 4 Division 20 of the California Health& Safety Code and related regulations (except as provided 5 below)for civil or administrative liability against any Defendant as an owner or operator of the 6 Released Facilities for acts, omissions;or events on or pertaining to the Released Facilities during 7 periods of ownership or operation by any Defendant up to the effective date of this Final 8 Judgment; any such claims under state, county or local ordinances or under permits issued by the 9 State or any County related to the installation, operation, modification,repair or removal of a 10 UST or the management of hazardous wastes or materials; and any such claims under the 11 California Business and Professions Code that are derived from any of those requirements. The 12 "Covered Matters"include all such violations;provided, however,that the "Covered Matters" 13 specifically exclude any claims under Paragraphs l l.aaa., and l l.bbb. of the Complaint which 14 were not known by Plaintiff as of the date of entry of this Final Judgment, and provided further 15 that Defendants preserve any and all defenses to such claims, including but not limited to 16 defenses based on statutes of limitation. For purposes of the exclusion in the previous sentence, 17 11 Plaintiff will be deemed to have known of a claim under Paragraph l l.aaa., or l 1.bbb. of the 18 Complaint prior to the date of entry of this Final Judgment if, at any time prior to the date of entry 19 of the Final Judgment, either(a)the CUPA or the relevant regulatory authority was on notice of a 20 release, spill, leak or discharge at the service station facility in question, or(b)the CUPA or the 21 relevant regulatory authority had opened an environmental case at the service station facility in 22 question. As used herein, "Covered Matters" shall not preclude after the date of entry of this 23 Final Judgment the issuance of any requirement or order that Defendants shall investigate and/or 24 remediate a release, spill, leak, or discharge, or investigate a suspected release, spill, leak, or 25 discharge at any of the Released Facilities; and this Final Judgment shall not constrain claims, 26 causes of action, enforcement or corrective action orders that have been or may be filed or issued 27 for any violation of a requirement concerning the investigation and/or remediation of a release or 28 suspected release at any of the Released Facilities. 16 Final Judgment and Injunction