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1 <br /> I containing silver, and various hazardous wastes generated from customer returns of hazardous <br /> 2 products. <br /> 3 9. At all times relevant hereto,Defendant was and is legally responsible for <br /> 4 compliance with the provisions of the Health and Safety Code, including Chapters 6.5 and 6.95 of <br /> 5 Division 20, at Defendant's Facilities, as provided by Paragraph 7. The People are informed and <br /> 6 believe, and based thereon allege that, at all relevant times, Defendant controlled and was <br /> 7 responsible for the operations of Defendant's Facilities and/or aided and abetted or acted in <br /> 8 concert with persons who exercised control over those operations including,but not limited to, all <br /> 9 acts and omissions relating to the management of hazardous materials and hazardous waste at <br /> 10 Defendant's Facilities, and/or that Defendant, or its predecessors, failed to take appropriate steps <br /> 11 to prevent and/or correct the violations alleged herein despite having power, authority and notice <br /> 12 sufficient to do so. <br /> 13 10. Defendant is a"person,"as defined in Health and Safety Code section 25118 and <br /> 14 Business&Professions Code section 17201, and a"business,"as defined in Health and Safety <br /> 15 Code section 25501, subdivision(e). <br /> 16 11. When reference is made herein to any act or omission of Defendant, such allegation <br /> 17 shall include the act or omission of the owners, officers, directors, agents, employees, contractors, <br /> 18 affiliates, and/or representatives of those entities, or each of them, engaged in said act or <br /> 19 omission. <br /> 20 JURISDICTION AND VENUE <br /> 21 12. Venue is proper in this county pursuant to Health and Safety Code sections 25183 <br /> 22 and 25516, in that certain of the violations alleged in the Complaint occurred in the County of <br /> 23 Alameda and throughout the State of California. This Court has jurisdiction pursuant to Article 6, <br /> 24 section 10 of the California Constitution and section 393 of the Code of Civil Procedure. <br /> 25 13. Plaintiff and Defendant have entered into a series of agreements to toll any <br /> 26 applicable statutes of limitation. As a result of those agreements,the period of time from <br /> 27 December 5, 2011,through the date of the filing of the Complaint herein, inclusive (the"Tolling <br /> 28 Period"),will not be included in computing the time limited by any statutes of limitation <br /> 4 <br /> Complaint For Permanent Injunction,Civil Penalties And Other Equitable Relief <br />