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r <br /> r <br /> 1 VII <br /> 2 SECOND CAUSE OF ACTION <br /> 3 (Violation of Health and Safety Code § 25299.37 <br /> (Failure to Take Corrective Action)) <br /> 4 <br /> 5 44. Plaintiff realleges and incorporates by reference paragraphs 1 through 43(1) sive, as <br /> 6 though set forth fully and at length herein. <br /> 7 45. Beginning at the time as yet unknown to Plaintiff, but occurring within the applicable <br /> 8 statutory period and continuing up to the time of the filing of this complaint, Defendants have <br /> 9 engaged in and continue to engage in certain acts in violation of Health and Safety Code section <br /> 10 25299.37, to wit, Defendants have failed to take corrective action in response to unauthorized <br /> 11 releases of petroleum from underground storage tanks owned and/or operated by Defendants, or <br /> 12 onto real property owned by Defendants, which unauthorized releases have resulted in the <br /> 13 contamination of the soil and groundwater of the County of San Joaquin. <br /> 14 46. Defendants' failure to take corrective action as alleged in paragraph 45 above has <br /> 15 occurred and continues to occur at specified locations within the County of San Joaquin, <br /> 16 including, but not limited to, the site locations listed on Exhibit "A" attached hereto and <br /> 17 incorporated by reference as though set forth fully and at length hereto. Plaintiff will amend this <br /> 18 complaint as Plaintiff becomes informed of other site locations where Defendants have failed to <br /> 19 take corrective action. <br /> 20 47. The actions of the Defendants in committing and continuing to commit the violations of <br /> 21 law as set forth herein are inimical to the welfare of the public and a threat to the environment <br /> 22 and unless enjoined by order of this court,there is a substantial threat that Defendants will <br /> 23 continue to commit such actions and violations of law. <br /> 24 VIII <br /> 25 THIRD CAUSE OF ACTION <br /> (Violation of Civil Code Section 3480 <br /> 26 Public Nuisance)) <br /> 27 48. Plaintiff incorporates by reference herein paragraphs 1 through 47 inclusive, of this <br /> 28 complaint. Defendants, and each of them, are allowing and maintaining a public nuisance with <br /> :I <br />