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1 FIRST CAUSE OF ACTION <br /> 2 VIOLATION OF HEALTH AND SAFETY CODE SECTIONS 25100 ET SEQ. <br /> (HAZARDOUS WASTE CONTROL ACT) <br /> 3 <br /> 4 15 . Plaintiff is informed and believes and based on such information and belief alleges that <br /> 5 beginning at an exact date that is unknown to Plaintiff, but within five (5) years prior to the filing of <br /> 6 this Complaint (CCP § 338 . 1 ) , Defendant engaged in acts in violation of Health and Safety Code <br /> 7 § 25100 et seq. , including by not limited to the following : <br /> 8 a. Disposed or caused the disposal of a hazardous or extremely hazardous waste at a <br /> 9 point which is not authorized, in violation of Health and Safety Code section 25189 . 2(c) ; <br /> 10 b . Accepted, treated, stored or disposed of hazardous waste at a facility without <br /> 11 holding a hazardous waste facility permit, in violation of Health and Safety Code section 25201 (a) .* <br /> 12 c . Failed to report program data for a regulated business electronically, in violation of <br /> 13 Health and Safety Code 25404(e) (4) ; <br /> 14 d. Failed to have at all times at least one employee either on facility premises or on <br /> 15 call with the responsibility for coordinating all emergency response measures , in violation of <br /> 16 California Code of Regulations, title 22 section 66262 . 34(d) (2) and Code of Federal Regulations, <br /> 17 title 40 section 262 . 34 (d) (5)(i) ; <br /> 18 e . Failed to maintain a copy of the modified contingency plan at the facility, in <br /> 19 violation of California Code of Regulations, title 22 section 66262 . 34(d) (2) and Code of Federal <br /> 20 Regulations, title 40 section 262 . 34(d) (5) (ii) ; <br /> 21 f. Failed to ensure that all employees are thoroughly familiar with proper waste <br /> 22 handling and emergency procedures relevant to their responsibilities, in violation of California Code <br /> 23 of Regulations, title 22 section 66262 . 34 (d) (2) and Code of Federal Regulations, title 40 section <br /> 24 262 . 34(d) (5) (iii) ; <br /> 25 g. Failed to respond to any fire, spill of hazardous waste, or other releases which <br /> 26 could threaten human health, in violation of California Code of Regulations, title 22 section <br /> 27 66262 . 34(4) (2) and Code of Federal Regulations, title 40 section 262 . 34 (d) (5) (iv) ; <br /> 28 h. Failed to completely label or mark each container or portable tank used for onsite <br /> - 4 - <br /> : Truer TT+rrr� rr Aw T A r Tm TllTl r TTT TlT Tl1 T !'STT 7TT T]T7TT AT TT-CO A T.TTI CN TPTJCD DDT TUC <br />