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I subsidiaries and divisions,and any agent,employee,representative and all persons,corporations,or <br /> 2 other entities acting by,through,under,or on behalf of Defendant and all persons in concert with or <br /> 3 participating with said Defendant with actual or constructive knowledge,of this Injunction,only <br /> 4 insofar as they are doing business in the State of California and confined to Defendant's GASOLINE <br /> 5 STATION activities in the County of San Joaquin and elsewhere in the State of California. <br /> 6 3. Defendant,with actual or constructive knowledge of this Injunction,only in so far as it is <br /> 7 doing business in the State of California, in the course of Defendant's GASOLINE STATION <br /> 8 activities,is pursuant to Health and Safety Code section 25299.01, permanently enjoined from: <br /> 9 a. Tampering with or otherwise disabling automatic leak detection devices or alarms, <br /> 10 in violation of Health and Safety Code section 25299(a)(9). <br /> 11 4. Defendant with actual or constructive knowledge of this Injunction,only in so far as it is <br /> 12 doing business in the State of California, in the course of Defendant's GASOLINE STATION <br /> 13 activities, is pursuant to California Business and Professions Code section 17204, permanently <br /> 14 enjoined from: <br /> 15 a. Violating Health and Safety Code section 25299(a)(9). <br /> 16 5. Defendant shall pay to Plaintiff the sum of FIVE THOUSAND DOLLARS($5,000.00),as <br /> 17 and for civil penalties,pursuant to Health and Safety Code§25299. Said payment shall be made <br /> 18 paable to the SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT- <br /> 19 ENVIRONMENTAL HEALTH DIVISION TRUST. Said payments shall be delivered to the San <br /> 20 Joaquin County Office of the District Attorney,Environmental Prosecutions Unit,at time of signing. <br /> 21 6. Defendant shall be penalized,as and for civil penalties,pursuant to Health and Safety <br /> 22 Code sections 25280 et seq.and Business and Professions Code sections 17200 et seq.,in addition to <br /> 23 those civil penalties set forth in paragraph 5,FORTY THOUSAND DOLLARS($40,000.00). <br /> 24 However, the obligation to pay the entire additional FORTY THOUSAND DOLLARS($40,000.00) <br /> 25 in civil penalties shall be stayed for a period of five(5)years on the following conditions: <br /> 26 a. Defendant will not violate Health and Safety Code section 25299(a)(9);and <br /> 27 b. Defendant will not violate or engage in any of the unlawful acts of unfair <br /> 28 competition as set forth in the First and Second Causes of Action of the Complaint filed in this <br /> _2_ <br /> PERMANENT INJUNCTION AND FINAL JUDGEMENT PURSUANT TO STIPULATION <br />