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1 <br /> authorized or permitted by the Department of Toxic Substances Control (`DTSC") in violation of Health <br /> & Safety Code section 25189, including, Without limitation,to any trash compactor- dUmpster, drain, <br /> sink, or toilet at any of the Facilities, or onto the surface or subsurface of the around at any unauthorized <br /> 4 v <br /> location, or at a landfill or transfer station not authorized to receive hazardous waste. <br /> 5 <br /> 4.1.b. Defendant shall not transport,transfer custody of, or cause to be transported, any <br /> 6 <br /> hazardous waste unless the transporter is properly licensed and registered to do so, as required by Health <br /> 7 <br /> & Safety Code section 25163. This prohibition includes,without limitation,the transportation of any <br /> 8 <br /> hazardous waste by a person that is not properly licensed and registered to transport hazardous waste on a <br /> 9 <br /> tractor and/or trailer owned or operated by Defendant. <br /> 10 <br /> 4.Le. Defendant shall not transport, or cause to be transported, any hazardous waste to an <br /> 11 <br /> unauthorized location, in violation of Health&Safety Code section 25189.5. Notwithstanding this <br /> 12 <br /> specific injunctive provision, Defendant may lawfully transport products and packages that contain <br /> 13 <br /> hazardous materials which have spilled or leaked during the course of transportation, and which have <br /> 14 <br /> been mitigated to contain such spill or leak,to the McLane Facility from which the tractor trailer <br /> 15 <br /> transporting such hazardous material originated. <br /> 16 <br /> 4.1.d. Defendant shall not transport, or cause to be transported, any item that would be <br /> 17 <br /> considered hazardous in California pursuant to Chapter 11 of Title 22, Division 4.5 of the California <br /> 18 <br /> Code of Regulations, as part of its"reverse logistics"process to centralize the management of returned <br /> 19 <br /> items at distribution centers owned by Defendant and/or consolidation facilities owned by a third party, <br /> 20 <br /> unless pursuant to a contractual agreement expressly providing for the return of the item to the item's <br /> 21 <br /> manufacturer or the manufacturer's designated agent(so long as the item is in sufficiently good condition <br /> 22 <br /> that it may be donated, resold, reused,or recycled in a manner that does not constitute discard, pursuant <br /> 23 <br /> to California Code of Regulations,Title 22, section 66261.2), or unless the item is in sufficiently good <br /> 24 <br /> condition that it may be donated,resold, reused, or recycled in a manner that does not constitute discard, <br /> 25 <br /> pursuant to California Code of Regulations, Title 22, section 66261.2. <br /> 26 <br /> 4.Le. Defendant shall comply with the California.Medical Waste Management Act, Health and <br /> 27 <br /> Safety Code section 117600, et seq <br /> 28 <br /> 4 <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION <br />