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I applicable to the causes of action brought against Defendant based on claims covered by the
<br /> 2 tolling agreements. Those claims include the claims alleged in this action against Defendant.
<br /> 3 STATUTORY AND REGULATORY BACKGROUND
<br /> 4 14. The State of California has enacted a comprehensive statutory and regulatory
<br /> 5 framework for the generation, handling,treatment, storage, transportation,and disposal of
<br /> 6 hazardous wastes. This framework,contained in Chapter 6.5 of Division 20 of the Health and
<br /> 7 Safety Code, sections 25100, et seq., and its implementing regulations,which are found at Title
<br /> 8 22 of the California Code of Regulations section 66260.1, et seq.,mandates a"cradle to grave"
<br /> 9 system known as the Hazardous Waste Control Law("HWCL"). The HWCL system is
<br /> 10 maintained to record the generation,registration,tracking, storage,treatment, and disposal of
<br /> 11 hazardous waste and to provide for the protection of the public and the environment from the
<br /> 12 potential risks posed,by hazardous waste. The State of California has enacted a comprehensive
<br /> 13 statutory and regulatory framework for the notification, handling, training and spill/release
<br /> 14 reporting of hazardous materials. This framework is contained in Chapter 6.95 of Division 20 of
<br /> 15 the Health and Safety Code, sections 25500, et seq., and its implementing regulations,known as
<br /> 16 the Hazardous Materials Release Response Plans and Inventory Law. In order to better inform
<br /> 17 the public and to assist emergency responders, Chapter 6.95 has, for over twenty (20)years,
<br /> 18 mandated that basic information on the location,type, quantity, and the health risks of hazardous
<br /> 19 materials handled,used, stored, or disposed of in the State,which could be accidentally released
<br /> 20 into the environment, be made available to firefighters,health officials,planners,public safety
<br /> 21 officers,health care providers,regulatory agencies and other interested persons.
<br /> 22 ENFORCEMENT AUTHORITY
<br /> 23 15. Section 25189 of the Health and Safety Code imposes civil liability for any
<br /> 24 negligent or intentional violation of the HWCL, or for any violation of any permit,rule,
<br /> 25 regulation, standard, or requirement issued or promulgated pursuant to the HWCL. Section
<br /> 26 25189.2 is an alternative strict liability provision, which creates liability for any violation of the
<br /> 27 HWCL, or for any violation of any permit,rule, regulation, standard, or requirement issued or
<br /> 28 promulgated pursuant to the HWCL.
<br /> 5
<br /> Complaint For Permanent Injunction,Civil Penalties And Other Equitable Relief
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