Laserfiche WebLink
I Sacramento CA 95814. The Court may assess and award suspended civil penalties to the State <br /> i <br /> 2 Water Board pursuant to the Stipulation and Judgment until the entire suspended civil penalties <br /> i <br /> 3 amount as provided up to $3,250,000 is met. The Court may also enjoin any violation of the li <br /> I <br /> 4 Stipulation and Judgment and award any other relief available under the law. Further, if <br /> 5 defendant Sarbjit Kang fails to comply with any of the Injunctive Provisions in the Stipulation <br /> 6 and Judgment, then the State Water Board may issue a Notice of Intent to Seek Assessment of <br /> 7 Suspended Penalties and/or a Permanent Injunction as set forth in paragraphs 13 and 16. <br /> 8 Defendant Sarbjit Kang will have 30 calendar days to correct the violations identified in the <br /> 9 Notice of Intent to Seek Assessment of Suspended Penalties and/or a Permanent Injunction. If <br /> 10 the State Water Board determines that the violations have been corrected within 30 calendar days <br /> 11 from the date of the Notice of Intent to Seek Assessment of Suspended Penalties and/or a j <br /> i <br /> 12 Permanent Injunction, then defendant Sarbjit Kang shall not be liable for the suspended penalties <br /> 13 and shall not be permanently enjoined. If the State Water Board determines that the violations <br /> .. I <br /> 14 have not been corrected within 30 calendar days from the date of the Notice of Intent to Seek <br /> 15 Assessment of Civil Penalties and/or a Permanent Injunction, then the State Water Board may <br /> I <br /> 16 move this Court by noticed motion in accordance with Code of Civil Procedure section 1005, and <br /> 17 subject to the same procedure above, to assess and collect suspended civil penalties against <br /> 18 defendant Sarbjit Kang, permanently enjoin defendant Sarbjit Kang from owning or operating any <br /> 19 facility in the State of California, enjoin defendant Sarbjit Kang from failing or refusing to <br /> 20 comply with any provisions in the Stipulation and Judgment, and to award any other appropriate <br /> 21 relief. <br /> 22 18. The State Water Board shall have 1 year after the expiration of 5 years from the date <br /> 23 this Court enters the Judgment to file a noticed motion for suspended civil penalties, to enjoin the <br /> 24. Defendants from failing or refusing to comply with any provisions in the Stipulation and <br /> 25 Judgment, and to award any other appropriate relief regarding the Covered Matters. The State <br /> 26 Water Board shall have the burden of proof based on the preponderance of evidence that the <br /> 27 alleged violations occurred before the expiration of 5 years from the date this Court enters the <br /> .28 Judgment. <br /> 13 <br /> Final Consent Judgment(Case No. 34-2014-00164107) <br /> 9 <br />