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I 4.4.c. Third-Party Contractor Compactor Audits. J. C. Penney shall conduct,on <br /> 2 an annual basis,through an independent third-party contractor, audits of at least ten percent(10%) of <br /> 3 its California Facilities to assure its ongoing compliance with the requirements of this Final <br /> 4 Judgment. In determining the number of required audits for a twelve(12) month period,the <br /> 5 independent third-party contractor shall make the calculation using the number of California <br /> 6 Facilities that were open as of January 1 of that given year. Each audit shall consist of an <br /> 7 unannounced inspection of the California Facility's dumpster(s), hazardous-waste storage or <br /> 8 accumulation area(s),and compactor(s). <br /> 9 4.4.c.1. The independent third-party contractor, shall provide to J. C. <br /> 10 Penney a detailed annual audit statement, within thirty(3 0) days following the <br /> 11 completion of the last required audit of each year. The annual audit statement shall <br /> 12 identify each facility location audited and the results of that audit. J. C. Penney shall <br /> 13 provide a copy of the annual audit statement to each the People's representatives listed <br /> 14 in Paragraph 8 below; <br /> 15 4.4.c.2. The California Safety and Waste Management Employee shall <br /> 16 review the annual audit statement and determine if any remedial measures to prevent <br /> 17 future similar findings at Compactor Audits should be implemented; <br /> 18 4.4.c.3. As part of the annual training on hazardous,universal and <br /> 19 medical waste management policies and procedures, the California Safety and Waste <br /> 20 Management Employee shall summarize the annual audit statement of the preceding <br /> 21 year,and modify the training accordingly. <br /> 22 4.4.d. Third-Party Contractor Distribution Center Audits. Defendant shall <br /> 23 conduct on an annual basis,through an independent third-party contractor,audits of all California <br /> t <br /> 24 Distribution Centers in operation for more than four(4)months during the twelve(12)month audit <br /> c <br /> 25 period, to assure its ongoing compliance with the requirements of this Final Judgment. _ <br /> 26 4.4.d.1. The independent third-party contractor shall provide to J. C. <br /> 1 <br /> 27 Penney a detailed annual audit statement,within 30 days following the completion of <br /> 28 the last required audit of each year. The annual audit statement shall identify each <br /> 9 <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION <br />