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I <br />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 />broken and/or shows evidence of leakage or damage that could cause the release of mercury or other <br />hazardous constituents to the environment, in violation of California Code of Regulations, title 22 <br />section 66273.33(b)(2); <br />Failing to manage electronic devices in a way that prevents releases of any <br />universal waste or component of a universal waste to the environment under reasonably foreseeable <br />conditions, in violation of California Code of Regulations, title 22 section 66273.33.5(a)(1)(B); <br />Failing to contain any electronic device in a manner that prevents breakage and <br />release of components to the environment, in violation of California Code of Regulations, title 22 <br />section 66273.33.5(a)(1)(B)(1.a); and <br />1. Failing to immediately clean up and place in a container any electronic device that <br />is accidentally or unintentionally broken and may be expected to cause a release of hamrdous <br />constituents to the environment under reasonably foreseeable conditions, in violation of California <br />Code of Regulations, title 22 section 66273.33.5(a)(1)(B)(2); <br />Defendant with actual or constructive knowledge of this Injunction, only in so far as they <br />are doing business in the State of California, in the course of Defendant's METAL RECYCLING <br />activities, are pursuant to California Business and Professions Code, section 17204 hereby <br />permanently enjoined from: <br />a. Violating Health and Safety Code section 25100 et seq., described in paragraph 3 — <br />31 above. <br />Defendant shall pay to Plaintiff the sum of FORTY-TWO THOUSAND DOLLARS <br />($42,000.00), as and for civil penalties, pursuant to Health and Safety Code §25192: <br />$ 21,000.00 made payable to the DEPARTMENT OF TOXIC SUBSTANCE <br />CONTROL — TOXIC SUBSTANCE CONTROL ACCOUNT; <br />$ 10,500.00 made payable to the SAN JOAQUIN COUNTY ENVIRONMENTAL <br />HEALTH DEPARTMENT — ENVIRONMENTAL HEALTH DIVISION TRUST; and <br />$ 10,500.00 made payable to the SAN JOAQUIN COUNTY OFFICE OF THE <br />DISTRICT ATTORNEY. <br />Said payments shall be delivered to the San Joaquin County Office of the District Attorney, <br />- 3 - <br />PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION