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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 <br />28 <br />name of the People of the State of California to enjoin any violation of Chapter 6.5 of Division <br />20 of the California Health and Safety Code (hereinafter, "Chapter 6.5") and to seek civil <br />penalties for violations of the provisions of Chapter 6.5. <br />2. Pursuant to California Health and Safety Code section 25514, the Attorney <br />General, the District Attorneys and their representatives, on behalf of the People of the State of <br />California, may bring an action for civil penalties for violations of California Health and Safety <br />Code sections 25503.5 to 25505, inclusive or sections 25508 to 25520, inclusive. <br />3. Pursuant to California Health and Safety Code section 25516, the Attorney <br />General, the District Attorneys and their representatives, may bring an action to enjoin a <br />violation of Chapter 6.95 of Division 20 of the California Health and Safety Code (hereinafter <br />"Chapter 6.95"). <br />4. Pursuant to California Business and Professions code sections 17203, 17204,. and <br />17206, the Attorney General, the District Attorneys and their representatives may bring actions <br />in the name of the People of the State of California in a Superior Court for an injunction against <br />any person who engages, has engaged, or proposes to engage in unfair competition and for civil <br />penalties for each act of unfair competition. <br />5. This Complaint addresses Kmart Corporation's hazardous -waste and hazardous - <br />materials handling practices at and by its retail stores in the State of California. Plaintiff brings <br />this action without prejudice to any other action or claims which may exist that are not alleged <br />in this Complaint. <br />DEFENDANT <br />6. Defendant Kmart Corporation ("Defendant"), is a Michigan Corporation. At all <br />times relevant hereto, Defendant was a mass -merchandiser conducting retail sales business in <br />the State of California at the facilities identified in Exhibit A, incorporated herein by this <br />reference. The facilities listed in Exhibit A are collectively referred to as the "Covered <br />Facilities." <br />7. The Defendant, at all times relevant to the claims in this Complaint, was legally <br />responsible for compliance with the provisions of the California Health and Safety Code <br />-2- <br />COMPLAINT FOR INJUNCTION, CIVIL PENALTIES AND OTHER EQUITABLE RELIEF <br />