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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />c . - 10 - , I <br />I permanently enjoined from: <br />a) Failure to test secondary containment system installed prior to January 1, 2001 by <br />January 1, 2003, in violation of Title 22 California Code of Regulations Section 2637(a). <br />4. Defendant shall be penalized TWO THOUSAND FIVE HUNDRED DOLLARS <br />($2,500.00) as and for civil penalties, pursuant to Health and Safety Code section 25299. Said <br />I I payments shall be made yg able to the SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH <br />DEPARTMENT - ENVIRONMENTAL HEALTH DIVISION TRUST. Said payments shall be <br />I I delivered to the San Joaquin County Office of the District Attorney, Environmental Prosecutions <br />Unit, on or before January 21, 2005. <br />5. Defendant shall be penalized TWO THOUSAND FIVE HUNDRED DOLLARS <br />($2,500.00) as and for civil penalties, pursuant to Business and Professions Code sections 17200 et <br />seq.. Said payments shall be made payable to the SAN JOAQUIN COUNTY TREASURER and <br />shall be delivered to the San Joaquin County Office of the District Attorney, Environmental <br />Prosecutions Unit, on or before January 21, 2005. <br />6. Defendant shall be penalized TEN THOUSAND DOLLARS ($10,000.00), as and for <br />civil penalties, pursuant to Business and Professions Code sections 17200 et seq.. However, it is <br />stipulated by all parties that the entire TEN THOUSAND DOLLARS ($10,000.00), in civil penalties <br />shall be stayed for five (5) years on condition that the following term is met: <br />a. Defendant will not violate any underground storage tank regulation provided <br />under Chapter 6.7 of the Health and Safety Code. <br />7. The TEN THOUSAND DOLLARS ($10,000.00), described in paragraph 6 above, I <br />shall immediately be due if the San Joaquin County District Attorney files declarations that <br />defendant violated Chapter 6.7 of the Health and Safety Code by and through the underground <br />I storage of hazardous substances. <br />8. If all the conditions listed in paragraph 6 above are met, then five (5) years from the <br />filing date of this document, the stayed penalty shall be suspended permanently. <br />9. Defendant shall additionally pay to plaintiff the sum of ONE THOUSAND FOUR <br />HUNDRED AND EIGHTY-EIGHT DOLLARS ($1,488.00), as and for partial cost recovery of the I <br />Permanent Injunction and Final Judgment <br />2 <br />