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1 2 environment <br /> in other ways. The waste is therefore hazardous within the Mel n <br /> sections 25117, 25141, 25189.2 of the I3ealth and Safety Code, g of <br /> 3 ni <br /> 4. The ditches and waterways <br /> Ys disposal sites. of San Joaquin County are not licensed hazardous waste <br /> 5 B• Monetary penalties for Violations of Health and Safety Code § 25189.2. <br /> 6 The Court imposes a penalty of$400,000.00 as a civil penalty based on at least 16 <br /> 7 violation during the five <br /> Years preceding the filing of this action under section 25189.2. This Co days of <br /> 8 made findings above that defendantshas <br /> discharged pollutants into thees bordering their property on <br /> ditch <br /> 9 at least the 14 days specific days listed above in the discussion regditch <br /> 10 penalties and possibly additional da g Water Code section 13385 <br /> 11 evidence. Additionally, the Court Ys based on direct eyewitness testimony and strong circum tial <br /> finds that on April 5, 1995 and on March 25, 1996 disch <br /> 12 hazardous waste occur-ed. The Court finds thatazS s of <br /> the maximum daily penalty pursuant to Health and <br /> 13 Safety Code section 25189.2 of $25,000.00 is warranted based in combination with all evidence <br /> 14 presented in this matter, the <br /> findings listed above, <br /> 15 discharges. and in light of the repeated and long-lasruig <br /> 0 16 The Court specifically considered each of the Penalty facto <br /> rs from the above listed <br /> 17 and Fish and Games Code sections, and the factors set forth in section ae <br /> 18 Code,17 in making this determination. 25187 of the Healthter and Safety <br /> 19 C. Mandatory and Permanent Injunctive Relief is Ordered for the"Fourth Cause of Action <br /> 20 Pursuant to Health and Safety Code section 25181 this Court orders injunctive reliefparallel in <br /> 21 every way to the mandatory and prohibitory injunctive provisions outlined above in the Second Cause <br /> 22 of Action. <br /> 23 /1///// <br /> 24 <br /> 25 <br /> 26 17Alihou <br /> to use ' �section 25189.2 ofthe Health and Safety Code does not contain factors forthe Courts <br /> 27 m assessing penalties, section 25187 requires the Department of Toxic Substances Control, in <br /> assessing administrative penalties, to consider v <br /> •28 guidance,courts may give consideration to administrative anous factors. In <br /> anappropriate <br /> 322 penalty. See, e.g., United States v. penaltyfactorsindeten�n other statutory <br /> T&SBrass andBronze Works,Inc. (D.S.C. 1988)681 F.S pp. 314, <br /> 12 <br />