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1 g. Failed to keep records of each shipment of universal waste received at the universal <br /> 2 waste handler's facility, in violation of California Code of Regulations,title 22 section 66273.39(a). <br /> 3 SECOND CAUSE OF ACTION <br /> 4 VIOLATION OF HEALTH AND SAFETY CODE SECTION 25280 ET SEQ. <br /> 5 (UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES) <br /> 6 17. Plaintiff is informed and believes and based on such information and belief alleges that <br /> 7 beginning at an exact date that is unknown to Plaintiff,but within five(5)years prior to the filing of <br /> 8 this Complaint(CCP §338.1),Defendants engaged in acts in violation of Health and Safety Code, <br /> section 25280 et seq.,including but not limited to the following: <br /> 9 <br /> a. Failed to obtain permit to operate an underground storage tank from the local <br /> 10 <br /> agency, in violation of Health and Safety Code Section 25284(a)(1); <br /> 11 <br /> b. Failed to annually test the spill containment structure,in violation of Health and <br /> 12 <br /> Safety Code section 25284.2; <br /> 13 <br /> c. Failed to construct,operate,and maintain primary containment in a manner that is <br /> 14 <br /> product tight and compatible with stored product,in violation of Health and Safety Code Section <br /> 15 <br /> 25290.1(c)(1); <br /> 16 <br /> d. Failed to construct, operate,and maintain secondary containment in a manner that <br /> 17 <br /> is product tight,in violation of Health and Safety Code Section 25290.1(c)(2); <br /> 18 <br /> e. Failed to construct, operate, and maintain secondary containment in a manner to <br /> 19 <br /> prevent any water intrusion into the system by precipitation, infiltration, or surface runoff, in <br /> 20 <br /> violation of Health and Safety Code Section 25290.1(c)(3); <br /> 21 <br /> f. Failed to design and construct the underground storage tank system with a <br /> 22 <br /> continuous monitoring system capable of detecting the entry of liquid-or vapor-phase of the <br /> 23 <br /> 24 hazardous substance stored in the primary containment into the secondary containment and capable <br /> 25 of detecting water intrusion into the secondary containment,in violation of Health and Safety Code <br /> Section 25290.1(d); <br /> 26 <br /> 27 g. Failed to maintain the interstitial space of the underground storage tank under <br /> 28 constant vacuum or pressure that a breach in the primary or secondary containment is detected before <br /> 5 <br /> VERIFIED COMPLAINT FOR INJUNCTION,CIVIL PENALTIES,AND OTHER RELIEF <br />