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<br />Defendant determines is appropriate, Defendant shall reasonably cooperate with the retailer to <br />facilitate the retailer's pick up of the retailer's waste from any Enjoined Facility. <br />4.4.d3-. Defendant Shall provide a summary to the People pursuant to <br />Paragraph 24 regarding all Wins taken pursuant to Paragraph 4.44, <br />4.4.d.4 Subject "to and in accordance with Paragraphs 16 and 21, the <br />People.reserve the right to move for a modification and/or termination of Paragraph 4.44 if the <br />incident rate - of such items being received: by Defendant shows a •sustained material increas.e <br />and the interest of justioe require such 'modification or termination. <br />4.4,e; Defendant shall-retain copies of any and all notices issued pursuant to <br />Paragraph 4.4.c., and notifications of required waste pick up and manifests pursuant to <br />Paragraph 4.44, for the period set forth hi22 CCR 66262,4-0. Defendant shall make all such <br />documentation available for inspection upon request by the People or by any CUM. or other <br />agency that has regulatory authority over hazardous waste and/or medical waste at any <br />Enjoined Facility. <br />4.4,1, During the term (if this Final Judgment, if the item (referenced in <br />Paragraph 4,4,a) received by Defendant at any Enjoined Facility was shipped by a retailer (i) <br />with whom CLS has a contractual relationship and is a client of CLS; or (11) as a result of a <br />'directive from a nuirinfacturer clientwith whom CLS has a c,ontractual relationship that <br />instructs the retailer to transport produi?ts to CLS, the People may pursue a violation of this <br />Final Judgment arising from receipt of this item at an Enjoined Facility only if Defendant fails <br />to demonstrate reasonable diligence &performing the obligations described in Paragraphs 4.4.a <br />through 4,4.e of this Final Judgment. <br />4.5 Compliance Assuralw Program <br />4.5.a, CLS or an Affiliate of CLS will employ a full-thne Senior Regnlatery <br />Compliance Manager (SRCM). The SRCM shall be responsible for CLS's El-IS compliance <br />assurance for the State of California, This includes, but is not limited to, compliance with: the <br />Final Judgment; the Hazardous Waste Control Law, Health & Safety Code sections 251.00 et <br />seq.; the Hazardous 'Materials Release Response Plans and Inventory Law, Health and .Safely <br /> <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 /> <br />11 <br /> <br />STIPULATION FOR ENTRY OF FINAL JUDOME,NT AND PERMANENT INJUNCTION <br />