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{ <br /> { <br /> 1 Code;Health&Safety Code sections 117600,et seq.;and the regulations promulgated under these <br /> 2 chapters,at each of its Facilities. Failure to comply with this injunction or any of the specific <br /> 3 additional injunctive provisions that follow,may subject Defendant to sanctions,including,but not <br /> 4 limited to,contempt and/or additional penalties. Paragraph 15,below,applies to any application or <br /> 5 motion for failure to comply with the injunctive provisions of this Final Judgment,including the <br /> 6 provisions of paragraphs 4.1 and 4.2. <br /> 7 4.1 Specific Iniunctive Provisions: <br /> 8 Defendant shall comply with each of the following provisions: <br /> 9 4.1.a. Defendant shall lawfully dispose,or cause the disposal of,at a point authorized or <br /> 10 permitted by the DTSC,each hazardous waste it generates from(i)its tire centers;(ii)the use of <br /> 11 cleaning and maintenance products at its Facilities;and(iii)nicotine replacement therapies(subject to <br /> 12 paragraph 4.2 hereof),all in accordance with Health&Safety Code section 25189,at a landfill or <br /> 13 1 transfer station authorized to receive such hazardous waste. <br /> 14 4.1.b. Defendant shall determine,at each Facility,whether each item returned by a customer <br /> 15 to that facility is a waste and if so,is a"hazardous waste"as required by California Code of <br /> 16 Regulations,title 22,section 66262.11. <br /> 17 4.1.c. Defendant shall determine,at each Facility,whether each waste generated at that <br /> 18 facility as a result of a spill,container breakage or other means rendering the product not usable for <br /> 19 its intended purpose,is a"hazardous waste"as required by California Code of Regulations,title 22, <br /> 20 section 66262.11. <br /> 21 4.1.d. Defendant shall lawfully manage and timely dispose of all accumulated hazardous <br /> 22 waste from each Facility at least one time during every ninety(90)day period(unless a longer <br /> 23 interval is allowed for by law,in which case Defendant shall provide notice as specified herein). <br /> i <br /> 24 4.1.e. Defendant shall not knowingly cause to be deposited,without the permission of the <br /> 25 owner,any hazardous substance upon the land of another. <br /> 26 4.11.. Defendant shall timely cause to be prepared and filed with the DTSC a hazardous <br /> 27 waste manifest for all hazardous waste that is transported,or submitted for transportation,for offsite <br /> 28 handling,treatment,storage,disposal,or any combination thereof,as provided by Health&Safety <br /> 4 <br /> sf-3138122 Stipulation for Entry of Final Judgment and Permanent Injunction <br />