COMPLIANCE INFO_2019 - Laserfiche WebLink

Home Browse Search

Environmental Prosecutions Unit, on or before DECEMBER 31, 2012. 6. Defendant shall be penalized, as and for civil penalties, pursuant to Business and Professions Code sections 17200 et seq., in addition to those civil penalties set forth in paragraphs 5, ONE HUNDRED FORTY-EIGHT THOUSAND DOLLARS ($148,000.00). However, it is stipulated by all parties that the entire additional ONE HUNDRED FORTY-EIGHT THOUSAND DOLLARS ($148,000.00), in civil penalties shall be stayed for a period of five (5) years on the following conditions: Defendant will not violate Health and Safety Code sections 25100 et seq., as described in paragraph 3 above; Defendant will not violate or engage in any of the unlawful acts of unfair competition as set forth in the First of Cause of Action of the complaint filed in this action, as well as any other violations of the Business and Professions Code sections 17200 et seq., including but not limited to Health and Safety Code sections 25100 et seq. 7. The ONE HUNDRED FORTY-EIGHT THOUSAND DOLLARS ($148,000.00) in civil penalties, described in paragraph 6 above, shall immediately be due and payable as set forth in paragraph 6 above, if the San Joaquin County Office of the District Attorney files Declarations that Defendant violated Health and Safety Code sections 25100 et seq. or Business and Professions Code sections 17200 et seq., as described in paragraphs 3 and 4 above. Any penalties or other relief sought by Plaintiff for such violations or alleged violations shall be sought by noticed motion. Plaintiff shall notify Defendant in writing of such alleged violations and shall meet and confer with Defendant within twenty (20) business days of such written notice prior to filing any such motion. The Parties shall negotiate in good faith in an effort to resolve any further penalty assessments or other relief pursuant to this paragraph without judicial intervention. Defendant reserves all defenses in law and equity. 8. In the event Defendant violates the injunction provisions described in paragraphs 3 and 4 above, Defendant shall, subject to the provisions of paragraph 10 herein, pay the Stipulated Penalty to the prosecuting agency as follows: a. Upon the first instance of any violation of this Injunction anywhere in the State of - 4 - PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28