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I enjoined by order of the Court, Defendant may or will continue committing these acts. <br /> 2 42. Each act of unauthorized transportation of hazardous waste without a valid <br /> 3 registration discovered within five(5) years of commencing this action, exclusive of any applicable <br /> 4 tolling periods and those set forth in paragraph 15 above, subjects Defendant to a separate and <br /> 5 additional civil penalty under Health and Safety Code section 25189, or alternatively,under section <br /> 6 25189.2. <br /> 7 43. Based on the above,the People request injunctive relief against Defendant under <br /> 8 Health and Safety Code section 25181, and civil penalties under Health and Safety Code section <br /> 9 25189 or 25189.2, as described in the People's prayer for relief. <br /> 10 THIRD CAUSE OF ACTION <br /> 11 (Violation of Hazardous Waste Handling and Storage Requirements) <br /> (Health & Saf. Code Chapter 6.5 (§ 25100 et seq.); Cal. Code Regs., tit. 22, § 66260.1 et seq.) <br /> 12 44. The People reallege all previous paragraphs. <br /> 13 45. Health and Safety Code sections 25189 and 25189.2 prohibit improper hazardous <br /> 14 waste handling and storage in violation of Chapter 6.5. <br /> 15 46. Defendant violated the requirements of Chapter 6.5 and its implementing regulations <br /> 16 at California Code of Regulations,title 22, section 66260.1 et seq., applicable to the Facilities,by <br /> 17 committing the acts and omissions alleged in paragraph 32; and unless enjoined by order of the <br /> 18 Court, Defendant may or will continue committing these acts and omissions. <br /> 19 47. Each violation of the requirements of Chapter 6.5 and its implementing regulations at <br /> 20 California Code of Regulations, title 22, section 66260.1 et seq., discovered within five(5) years of <br /> 21 commencing this action, exclusive of any applicable tolling periods and those set forth in paragraph <br /> 22 15 above, subjects Defendant to a separate and additional civil penalty under Health and Safety Code <br /> 23 section 25189, or alternatively, under section 25189.2. <br /> 24 48. Based on the above, the People request injunctive relief against De Cedant under <br /> 25 Health and Safety Code section 25181, and civil penalties under Health and Safety Code section <br /> 26 25189 or 25189.2, as described in the People's prayer for relief. <br /> 27 <br /> 28 <br /> I <br /> - 15- <br /> COMPLAINT FOR INJUNCTIVE RELIEF,CIVIL PENALTIES,AND OTHER RELIEF <br />