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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 />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />a's <br />25 <br />26 <br />27 <br />complied with by the specified dates, the CIWMB may petition the <br />superior court for injunctive relief to enforce this order and for <br />civil penalties in the amount of $10,000 per day for each <br />violation pursuant to PRC sections 42845 and 42850. <br />Liability for civil penalties may be imposed in a civil <br />action or may be imposed administratively pursuant to PRC section <br />42850 et seq. <br />Further, failure to remove all of the tires by the required <br />date (March 31, 1999) may result in the CIWMB expending available <br />funds to perform any clean-up, abatement, or remedial work <br />required under the circumstances set forth in PRC sections 42845 <br />et seq. which, in the judgement of the CIWMB, is required by the <br />magnitude of endeavor or the need for prompt action to prevent <br />substantial pollution, nuisance, or injury to the public health or <br />safety. <br />If the CIWMB expends funds to perform any clean-up, <br />abatement, or remedial work, the CIWMB may seek cost reimbursement <br />from the operator or owner pursuant to PRC section 42847. <br />Nothing in this Clean Up and Abatement Order shall constitute <br />or be construed as a satisfaction or release from liability for <br />any conditions or claims arising as a result of past, current, or <br />future operations of Respondents. Notwithstanding compliance with <br />the terms of this Clean Up and Abatement Order, Respondents may be <br />required to take further actions as are necessary to protect <br />public health or welfare or the environment. <br />The CIWMB shall not be liable for injuries or damages to <br />persons or property resulting from acts or omissions by <br />5. <br />