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1 35. Health and Safety Code sections 25189 and 25189.2 prohibit the disposal, or causing 2 of the disposal, of hazardous waste at a point not authorized under Chapter 6.5. Section 25189, 3 subdivisions (c) and(d),respectively,prohibit the intentional and negligent disposal of hazardous 4 waste at an unauthorized point, and section 25189.2, subdivision (c),prohibits the disposal of 5 hazardous waste at an unauthorized point as a matter of strict liability. 6 36. Defendant violated Chapter 6.5 by, among other things, disposing and causing the 7 disposal of hazardous waste at and from the Facilities to unauthorized points, in violation of Health 8 and Safety Code sections 25189 and 25189.2; and unless enjoined by order of the Court, Defendant 9 may or will continue con-Anitting these acts. 10 37. Each disposal of hazardous waste at an unauthorized point discovered within five(5) 11 years of commencing this action, exclusive of any applicable tolling periods and those set forth in 12 paragraph 15 above, and each day the waste was allowed to remain at such point without the 13 immediate filing of a report.of the deposit with the DTSC, subjects Defendant to a separate and 14 additional civil penalty under Health and Safety Code section 25189, or alternatively, under section 15 25189.2. 16 38. Based on the above,the People request injunctive relief against Defendant under 17 Health and Safety Code section 25181, and civil penalties under Health and Safety Code sections 18 25189 or 25189.2, as described in the People's prayer for relief. 19 SECOND CAUSE OF ACTION (Unauthorized Transportation of Hazardous Waste) 20 (Health & Saf. Code, §§25163, 25189,25189.2; Cal. Code Regs., tit. 22, § 66263.23) 21 39. The People reallege all previous paragraphs. 22 40. Health and Safety Code section 25163 prohibits the transportation of hazardous waste 23 without a valid registration from the DTSC, California Code of Regulations, title 22, section 24 66263.23, subdivision (b),prohibits the transportation of hazardous waste to a location not permitted 25 or otherwise authorized by the DTSC to receive the waste. 26 41. Defendant engaged in the transportation of hazardous waste from the Facilities to 27 unauthorized locations without a valid registration from the DTSC, in violation of Health and Safety 28 code section 25163 and California Code of Regulations,title 22, section 66263.23; and unless - 14- COMPLAINT FOR INJUNCTIVE RELIEF,CIVIL PENALTIES,AND OTHER RELIEF