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i t 1 4.3 Specific Injunctive Provisions: 2 Pursuant to the provisions of Health and Safety Code sections 25181, 25515.6, 25515.8, 3 118325 and Business and Professions Code section 17203, Defendant is enjoined,restrained and 4 prohibited,to the extent that these provisions apply to Defendant's Distribution Centers and 5 California Facilities,from doing any of the following: 6 4.3.a. Disposing, or causing the disposal, of Defendant's hazardous waste at a point 7 not authorized by law, as required by Health and Safety Code sections 25189 and 25189.2, including, 8 without limitation, to any trash container,dumpster, compactor, drain, sink, or toilet at any of the 9 California Facilities,and onto the surface or subsurface of the ground at any unauthorized location,or 10 at a landfill or transfer station not authorized to receive hazardous waste; 11 4.3.b. Transporting, transferring custody of,or causing to be transported,hazardous 12 waste using a transporter that is not registered to transport hazardous waste,as required by Health and 13 Safety Code section 25163; 14 4.3.c. Failing to determine if a generated waste,including but not limited to, items i 15 returned by customers to California Facilities,items that become waste as a result of container 16 breakage and damage, and wastes generated at California Facilities, is a hazardous waste,as required 17 by Title 22 of the California Code of Regulations section 66262.11; 18 4.3.d. Treating, storing, disposing of, transporting,and offering for transportation, i 19 hazardous waste without having received and used a proper identification number from the U.S. 20 Environmental Protection Agency or the California Department of Toxic Substances Control r 21 ("DTSC")for the originating facility, as required by Title 22 of the California Code of Regulations, 22 section 66262.12, subdivision(a); �II 23 4.3.e. Failing to submit to DTSC a legible copy of each manifest used within thirty 3 24 (30)days of each shipment of hazardous waste off-site or into California, as required by Title 22 of 25 the California Code of Regulations, section 66262.23,subdivision(a); 26 4.31. Failing to properly manage,identify the date of accumulation, and label 27 containers of hazardous waste at California Facilities, as required by Title 22 of the California Code 28 of Regulations, section 66262.34; { I I 5 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION