COMPLIANCE INFO_2013-2017 - Laserfiche WebLink

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I action; i.e.,violation of Health and Safety Code section 25299(a)(9). 2 7. The FORTY THOUSAND DOLLARS ($40,000.00) in civil penalties,described in 3 paragraph 6 above,shall immediately be due and payable only upon a Ending by the Court that 4 Defendant violated the Injunction set forth herein as follows: 5 TWENTY THOUSAND DOLLARS($20,000.00),as and for civil penalties,pursuant to 6 Health and Safety Code section 25299. Said payment shall be mideka able to the SAN JOAQUIN -y_ 7 COUNTY ENVIRONMENTAL HEALTH DEPART NT-ENVIRONMENTAL HEALTH 8 DIVISION TRUST. Said payments shall be delivered to the San Joaquin County Office of the 9 District Attorney,Environmental Prosecutions Unit. to TWENTY THOUSAND DOLLARS($20,000.00),as and for civil penalties,pursuant to I I Business and Professions Code section 17206. Said payments shall be mAdey-pa able to the _ 12 TREASURER OF SAN JOAQUIN COUNTY and delivered to the San Joaquin County Office of the 13 District Attorney,Environmental Prosecutions Unit. 14 In the event Plaintiff contends that Defendant violated the Injunction, Plaintiff shall notify 15 Defendant in writing of such alleged violation and meet and confer within twenty(20)business days 16 of such written notice prior to filing any motion for violation of the Injunction. Plaintiff and 17 Defendant shall negotiate in good faith in an effort to resolve any further penalty assessments or 18 other relief pursuant to this paragraph without judicial intervention. If the parties are unable to 19 resolve their dispute,the San Joaquin County Office of the District Attorney may file a noticed 20 motion supported by Declarations indicating that Defendant violated Health and Safety Code section 21 25299(a)(9),as described in paragraphs 3 and 4 above. Defendant reserves all defenses in law and 22 equity. 23 8. If all the conditions listed in paragraph 6 above are met,then five(5)years from the filing 24 date of this document,the stayed penalty shall be suspended permanently. 25 9. At any time after this Final Judgment has been in effect for five(5)years,and Defendant 26 has paid any and all amounts due under the Final Judgment, any party may provide notice to the 27 Court(which shall be served on all parties)that the injunctive provisions of this Final Judgment 28 should expire and have no further force and effect("Notice of Termination"). The injunctive -3— PERMANENT INJUNCTION AND FINAL JUDGEMENT PURSUANT TO STIPULATION