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I permanently enjoined fioim: 2 a. Violating Health and Safety Code section 25100 et seq.,described in paragraph 3 -3g above. -', 5. Defendant shall be penalized FIFTY THOUSAND DOLLARS ($50,000.00),as and for 5 civil penalties,pursuant to Business and Professions Code sections 17200 et seq.. However,it is 6 stipulated by all parties that the entire FIFTY THOUSAND DOLLARS ($50,000.00), in civil 7 penalties shall be stayed for a period of five (5)years on the following conditions: 8 a. Defendant will not violate Health and Safety Code sections 25100 et seq.,as 9 described in paragraph 3 above; 10 b. Defendant will not violate or engage in any of the unlawful acts of unfair 11 competition as set forth in the First Cause of Action of the Complaint filed in this action,as well as 12 any other violations of the Business and Professions Code sections 17200 et seq.,including but not 13 limited to Health and Safety Code sections 25100 et seq.. 14 6. The FIFTY THOUSAND DOLLARS ($50,000.00)in civil penalties, described in 15 paragraph 3 above, shall immediately be due and payable,pursuant to Health and Safety Code 16 §25192, as follows: 17 $ 25,000.00 made payable to the DEPARTMENT OF TOXIC SUBSTANCE 18 CONTROL-TOXIC SUBSTANCE CONTROL ACCOUNT; 19 $ 12,500.00 made payable to the SAN JOAQUIN COUNTY ENVIRONMENTAL 20 IEALTH DEPARTMENT-ENVIRONMENTAL HEALTH DIVISION TRUST; and 21 $ 12,500.00 made payable to the SAN JOAQUIN COUNTY OFFICE OF THE 22 DISTRICT ATTORNEY 23 if the San Joaquin County Office of the District Attorney files Declarations that Defendant violated 24 Health and Safety Code sections 25100 et seq., as described in paragraph 3 above. Any penalties or 25 other relief sought by Plaintiff for such violations or alleged violations shall be sought by noticed 26 motion. Plaintiff shall notify Defendant in writing of such alleged violations and shall meet and 27 confer with Defendant within twenty(20)business days of such written notice prior to filing any 28 such emotion. The Parties shall negotiate in good faith in an effort to resolve any further penalty PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION