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1 <br />2 <br />3 <br />4 <br />91 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />25. Plaintiff alleges that Defendant, at all times relevant hereto, caused and/or <br />performed each of the acts and/or omissions in violation of California law in the ownership and/or <br />operation of some or all of Defendant's Facilities as alleged below: <br />a. Disposed, or caused the disposal of hazardous waste generated from (i) its tire <br />centers; (ii) the use of cleaning and maintenance products at its Facilities; and (iii) <br />nicotine replacement therapies, at a point not authorized nor permitted by DTSC, in <br />violation of Health & Safety Code section 25189. <br />b. Failed to determine, at each Facility, whether each item returned by a customer to that <br />facility is a waste and if so, is a "hazardous waste" as required by California Code of <br />Regulations, title 22, section 66262.11. <br />c. Failed to determine, at each Facility, whether each waste generated at that facility as a <br />result of a spill, container breakage or other means that rendered the product not usable for <br />its intended purpose, was a "hazardous waste" as required by California Code of <br />Regulations, title 22, section 66262.11. <br />d. Failed to manage and timely dispose of all accumulated hazardous waste from each <br />Facility at least one time during every ninety (90) day period. <br />e. Deposited or caused to be deposited, without the permission of the owner, any <br />hazardous substance upon the land of another. <br />f. Failed to timely prepare and file with the DTSC a hazardous waste manifest for all <br />hazardous waste that was transported, or submitted for transportation, for offsite handling, <br />treatment, storage, disposal, or any combination thereof, as provided by Health & Safety <br />Code section 25160(b)(3) and California Code of Regulations, Title 22, section 66262.23; <br />and failed to timely notify the DTSC by filing an exception report concerning the <br />treatment, storage, or disposal facility's failure to return any executed manifest. <br />g. Failed to transport, transfer custody of, or cause to be transported, each hazardous <br />waste using a transporter that was properly licensed and registered to do so, as required by <br />Health & Safety Code section 25163. <br />8 <br />Complaint For Permanent Injunction, Civil Penalties And Other Equitable Relief <br />