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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 />and omissions alleged in this Complaint, each of the Defendants ratified the actions of the other <br />Defendants. <br />FIRST CAUSE OF ACTION <br />VIOLATION OF HEALTH AND SAFETY CODE SECTION 25100 ET SEQ. <br />(HAZARDOUS WASTE CONTROL ACT) <br />11. Plaintiff is informed and believes and based on such information and belief alleges that <br />beginning at an exact date that is unknown to Plaintiff but within five (5) years prior to the filing of <br />this Complaint (CCP §338.1), Defendants engaged in acts in violation of Health and Safety Code <br />section 25100 ct seq., including but not limited to the following: <br />a. Failed to determine if waste is a hazardous waste, in violation of California Code <br />of Regulations, title 22 section 66262.11; <br />b. Treated, stored, disposed of, transported or offered to transport hazardous waste <br />without having an Identification Number, in violation of California Code of Regulations, title 22 <br />section 66262.12(a); <br />c. Failed to have at all times at least one employee either on facility premises or on <br />call with the responsibility for coordinating all emergency response measurers, in violation of <br />California Code of Regulations, title 22 section 66262.34(4)(2) and Code of Federal Regulations <br />262.34(d)(5)(i); <br />d. Failed to maintain a copy of the modified contingency plan at the facility, in <br />violation of California Code of Regulations, title 22 section 66262.34(d)(2) and Code of Federal <br />Regulations 262.34(d)(5)(ii); <br />e. Failed to completely label or mark each container or portable tank used for onsite <br />accumulation of hazardous waste, in violation of California Code of Regulations, title 22 section <br />66262.34(0; <br />f. Failed to transport drained use oil filters for purposes of metal reclamation, in <br />violation of the California Code of Regulations, title 22 section 66262.130(c)(2); <br />g. Failed to label containers as "drained used oil filters" and show initial date of <br />accumulation or receipt on each container of drained used oil filters, in violation of California Code <br />of Regulations, title 22 section 66266.130(c)(3); and <br />-3- <br />VERIFIED COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEF <br />