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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 />apply to the Rite Aid Facilities listed in Exhibit A-2: <br />4.1.a. Defendant shall not dispose, or cause the disposal, of any hazardous waste at a <br />point in violation of Health &Safety Code Sections 25189 and 25189.2, including, without <br />limitation, to any trash compactor, dumpster, drain, sink, or toilet at any of the Rite Aid Facilities, <br />or onto the surface or subsurface of the growid at any unauthorized location, or at a landfill or <br />transfer station not authorized to receive hazardous waste. <br />4.l .b. Defendant shall determine, at each Rite Aid Facility, whether each waste generated <br />at that facility as a result of a spill, container breakage or other means rendering the product not <br />usable for its intended purpose, is a "hazardous waste," as required by California Code of <br />Regulations, Title 22, Section 66262.11 and California Code of Regulations, Title 22, Section <br />66260.200. <br />4.1.c. Defendant shall manage every hazardous waste so identified pursuant to <br />subparagraphs 4.l .a and 4.l .b in accordance with the requirements of Chapter 6.5 of the Health <br />and Safety Code and its implementing regulations in the California Code of Regulations, Title 22. <br />4.1.d. Defendant shall not transport or transfer custody of, or cause to be transported, any <br />hazardous waste unless the transporter is properly licensed and registered to do so, as required by <br />Health &Safety Code Section 25163, if applicable. This prohibition includes, without limitation, <br />the transportation of airy hazardous waste by a person that is not properly licensed and registered <br />to transport hazardous waste on a tractor and/or trailer owned or operated by Defendant. <br />4.l .e. Defendant shall not transport or. cause to be transported, any hazardous waste to a <br />location in violation of Health &Safety Code Section 25189.5, if applicable. <br />4.1.f. Defendant shall cause the lawful and timely disposal of all accumulated hazardous <br />waste from each Rite Aid Facility at least one time during every ninety (90) day period (unless a <br />longer interval is allowed for by California Code of Regulations, Title 22, Section 66262.34 or <br />other law); and shall timely cause to be prepared and filed with the Department of Toxic <br />Substances Control ("DTSC") a hazardous waste manifest for all hazardous waste that is <br />transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or <br />any combination thereof, as provided by Health &Safety Code section 25160(b)(3) and <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION