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I restraining order is sought, it shall not be necessary for the People to allege or prove at any stage of 2 the proceeding that irreparable damage will occur should the temporary restraining order, 3 preliminary injunction, or permanent injunction not be issued, or that the remedy at law is 4 inadequate, and the temporary restraining order,preliminary injunction, or permanent injunction 5 shall issue without such allegations and without such proof. 6 GENERAL ALLEGATIONS 7 25. Unless specifically stated otherwise, allegations in this Complaint are based on facts 8 I that were discovered within five(5) years of the tolled statute of limitations period, as set out in 9 paragraph 15, and continued thereafter. 10 I I 26. Defendant owned, operated,licensed, or leased, and continues to own operate, p , 11 license, or lease, Facilities throughout California, and is responsible for acts and omissions 12 committed at these Facilities. 13 27. Defendant handled at the Facilities significant quantities of hazardous materials, 14 including,but not limited to, automotive fluid products, batteries, electronic devices, ignitable 15 liquids, metal shavings, aerosol products, cleaning agents, and other flammable, reactive,toxic, and 16 corrosive materials. Many of those hazardous materials are offered for sale to the public in the 17 ordinary course of business. 18 28. Defendant also generated regulated quantities of hazardous waste in the ordinary 19 course of business at each of the Facilities through, among other things, automotive repair and 20 maintenance services, as well as through damage to retail-product containers, spills and releases of 21 hazardous materials, unsellable hazardous products, and customer returns of hazardous products—all 22 of which must be handled and disposed of as hazardous waste in compliance with the HWCL. 23 29. Defendant, at each of the Facilities, generated hazardous waste during every ninety 24 (90) day period at large quantity generator locations and during every one hundred eighty(180)day 25 period for small quantity generator locations. 26 30. Defendant is and was responsible for the operation of the Facilities. Defendant is and 27 was aware of and conducted, approved, and controlled the hazardous-materials and hazardous-waste 28 management activities at the Facilities. Defendant's actions and omissions, as part of a continuing -6— COMPLAINT FOR INJUNCTIVE RELIEF,CIVIL PENALTIES,AND OTHER RELIEF