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1 24. The State of California prohibits the discharge or threatened discharge of all industrial <br /> 2 waste and refuse whether liquid or solid and substances deleterious to fish, plant life, or bird life <br /> 3 unless that substance is expressly authorized pursuant to, and in compliance with the terms and <br /> 4 conditions of a waste discharge requirement. (Fish and Game Code § 5650(a) ) The State of <br /> 5 California requires any person responsible for polluting or contaminating, or threatening to pollute or <br /> 6 contaminate waters of the state to remove the substance or material placed in the waters or which <br /> 7 threaten the water of the state. (Fish and Game Code § 12015(b)). <br /> 8 25. Persons who deposit in or permit to pass into or place where it can pass into waters of <br /> 9 the state any substance or material deleterious to fish,plant, or bird life are liable for a civil penalty <br /> 10 of up to Twenty Five Thousand Dollars ($25,000.00)per each violation. (Fish and Game Code § <br /> 11 5650.1) <br /> 12 GENERAL ALLEGATIONS <br /> .13 26. Beginning on an exact date unknown to plaintiff but within three years of the filing of <br /> 14 this complaint,and continuing for an unknown period beyond that time, defendants.CHRIS <br /> -15 McDOUGALL, individually and doing business as MARINA WEST MARINE SERVICES and <br /> 16 MARINA WEST MARINE SERVICES disposed of the residue of pressure washing operations onto <br /> 17 the ground located at 6651 Embarcadero Drive, Stockton, San Joaquin County, California. <br /> 18 27. The is pressure washing residue is a hazardous waste in that it poses a hazard or <br /> 19 potential hazard to the environment unless properly managed or disposed of, to wit: said residue <br /> 20 contains excessive level of copper. <br /> 21 28. Beginning on an exact date unknown to plaintiff but within three years of the filing of <br /> 22 this complaint and continuing for an unknown period beyond that time, defendants CHRIS <br /> 23 McDOUGALL,,individually and doing business as MARINA WEST MARINE SERVICES and <br /> 24 MARINA WEST MARINE SERVICES placed a material deleterious to fish,plant or bird life,to <br /> 25 wit: residue of pressure washing operations containing excessive levels of copper, at a location <br /> 26 where it can pass into waters of the State of California,to wit: Fourteen Mile Slough, San Joaquin <br /> 27 County, California. <br /> 28 5 <br />