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• That on at least sixteen occasions during the five years preceding the filing of this <br /> action, defendants discharged hazardous waste unlawfully. Pursuant to Health and Safety <br /> Code section 25189.2, defendants are liable for a penalty of$25,000 for each such violation, <br /> for a total of$400,000. <br /> That on at least fourteen occasions during the three years preceding the filing of <br /> this action, defendants permitted substances deleterious to fish, plant or bird life to pass into <br /> waters of the state. Pursuant to Fish and Game Code section 5650.1, defendants are liable <br /> for a penalty of$25,000 for each such violation,for a total penalty of$350,000. <br /> That money damages or penalties will not be awarded under section 17200 of the <br /> Business and Professions Code, as injunctive relief is being ordered. <br /> • That it is res 7 ta that the Regional Board found defendants violated the regulations <br /> and"caused or permitted and threaten to cause or permit waste to be discharged into the <br /> waters of the state and had created, or threaten to create, a condition of pollution or nuisance." <br /> The longstanding situation of repeated discharges over many years suggests the <br /> likelihood of future discharges in violation of law. Defendants have made some recent changes <br /> to the pond,berm and drainage. Further improvements are required and ordered as an <br /> injunction. <br /> The court finds that significant public harm will result from future violations without <br /> further improvements and that injunctive relief is the most appropriate way to protect <br /> against that harm. <br /> • 2 <br />