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. 4- i <br /> i <br /> 1 Defendant, through its lessee BC GoldenGate ("GoldenGate") and <br /> 2 GoldenGate's contractor, accidentally damaged one (1) <br /> 3 groundwater monitoring well which had previously been installed <br /> 4 by Arco on defendant's property in connection with Arco's <br /> 5 remedial activities at its own property. This unintended damage <br /> 6 occurred during construction grading activities despite express <br /> 7 efforts by defendant, through Golden ate, to protect the well by <br /> 8 marking it and by covering it with plywood. Defendant, through <br /> 9 GoldenGate and GoldenGate's consultint, subsequently lawfully <br /> 10 destroyed the monitoring well, under the supervision of and with <br /> 11 the prior approval of the San Joaquin County Public Health <br /> 12 Services - Environmental Health Division. Defendant and <br /> 13 GoldenGate are now in compliance with San Joaquin County <br /> 14 Ordinances pertaining to monitoring wells. <br /> 15 <br /> 16 8. The use of such unlawful and' or unfair business practices constitutes unfair <br /> 17 competition within the meaning of § 17200 of the California Business and Professions Code. <br /> 18 The unlawful and/or unfair business practices commi ted by the defendants include: <br /> 19 a. Violation of San Joaquin County Ordinance Section 9-1115.3,by digging, drilling, <br /> 20 boring, driving, repairing or destroying a monitoring well without prior approval by the Director <br /> 21 of the Environmental Health Division pursuant to a Well Permit; <br /> 22 b. Violation of San Joaquin County Ordinance Section 9-1115.6, by constructing or <br /> 23 modifying a monitoring well facility in violation of the uniform standards for the construction, <br /> 24 installation alteration, and modification of well facilities adopted by the Board of Supervisors <br /> 25 pursuant to this section; <br /> 26 C. Violation of San Joaquin County Ordinance Section 9-1115.5(c), Abandonment <br /> 27 of Wells, by destroying a monitoring well in a manner not consistent with the requirements of <br /> 28 Chapter 9-1115, potentially enabling the entrance ofd graded or contaminated water into usable <br /> 29 aquifers or the creation of a safety hazard. <br />