Laserfiche WebLink
} <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <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 1 <br />28 <br />38. Defendant has violated the hazardous waste handling and storage requirements of <br />Chapter 6.5 of Division 20 of the Health and Safety Code sections 25100, et seq., and its <br />implementing regulations at Title 22 of the California Code of Regulations, sections 66260. 1, et <br />seq., applicable to Defendant's Facilities by virtue of the acts alleged in paragraph 25, above, and <br />incorporated herein by reference, and unless enjoined by order of the Court, Defendant may or <br />will continue in the course of conduct as alleged herein. <br />39. Each violation of the hazardous waste handling and storage requirements that <br />occurred within five (5) years before the discovery of the facts constituting grounds for <br />commencing the action on these claims, in addition to the Tolling Period set forth in paragraph 13 <br />herein, subjects Defendant to a separate and additional civil penalty under Health and Safety <br />Code section 25189, or alternatively under section 25189.2. <br />40. Based on the above, the People request injunctive relief against Defendant under <br />Health and Safety Code section 25181, and civil penalties under Health and Safety Code section <br />25189 or 25189.2, as described in the People's prayer for relief. <br />FOURTH CAUSE OF ACTION <br />(Violations of Hazardous Materials Release Response Plans and Inventory Laws) <br />(Health & Safety Code Chapter 6.95) <br />41. Plaintiff realleges paragraphs 1 through 40, inclusive. <br />42. Defendant is liable for civil penalties as set forth in Health and Safety Code <br />sections 25514, subds. (a) and (b), and 25515.2, subd. (b), for each and every separate violation of <br />Health and Safety Code sections 25503.5 to 25505, inclusive, and sections 25508 to 25510, <br />inclusive, and any applicable permit, rule, regulation, standard, or requirement issued or <br />promulgated pursuant thereto which occurred within five (5) years before the discovery of the <br />facts constituting grounds for commencing the action on these claims, in addition to the Tolling <br />Period set forth in paragraph 13 herein. <br />43. As a consequence of Defendant's violation of each of these sections, Defendant is <br />liable for a civil penalty that must be imposed for each separate violation in an amount up to <br />12 <br />Complaint For Permanent Injunction, Civil Penalties And Other Equitable Relief <br />