Laserfiche WebLink
W <br />N <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 <br />28 <br />4. Lo. Failing, at any Covered Facility, to implement and maintain a business <br />emergency plan for emergency response to a release or threatened release of hazardous materials, <br />in violation of Health and Safety Code section 25503.5; <br />4.1.p. Failing to implement, maintain or to submit to the administering agency (as <br />defined in Health and Safety Code sections 25501 and 25502), a complete hazardous materials <br />business plan for each Covered Facility, in violation of Health and Safety Code sections 25504 and <br />25505 and California Code of Regulations, Title 19, section 2729; <br />4.1.q. Failing to maintain and operate any Covered Facility so as to minimize the <br />possibility of a fire, explosion, or any unplanned sudden or non -sudden release of hazardous waste <br />or hazardous waste constituents to air, soil or surface water which could threaten human health or <br />the environment, in violation of California Code of Regulations, Title 22, section 66265.31; <br />4.1.r. Failing to maintain containers holding hazardous waste at any Covered Facility <br />so as to prevent leaks, in violation of California Code of Regulations, Title 22, section. 66265.173; <br />4.1.s. Failing to maintain adequate aisle space in any hazardous waste storage area at <br />any Covered Facility, in violation of California Code of Regulations, Title 22, section 66264.35; <br />4. Lt. Failing to conduct weekly inspections of hazardous waste storage areas at any <br />Covered Facility, in violation of California Code of Regulations, Title 22, section 66264.174. <br />4.2 On May 1, 2009 KMART provided to the People its program for proper handling, <br />storage and transportation and disposal of hazardous materials and wastes. KMART shall maintain <br />such program, or an equivalent program, as long as the injunction is in effect. As used in this <br />paragraph, "equivalent program" shall mean a program that is designed to achieve compliance with <br />Chapters 6.5 and 6.95 of Division 20 of the Health and Safety Code and the regulations promulgated <br />under these chapters in all material respects. <br />5. ENFORCEMENT OF FINAL JUDGMENT AND PENALTIES <br />5.1 In the event the People determine that a violation has occurred and that the Stayed <br />Penalty or some portion thereof is due and payable, the People will provide notice of such finding.to <br />KMART in writing, setting forth with specificity the facts and law upon which such determination is <br />based. KMART shall, within 30 days, advise the People in writing whether it contests such notice. <br />8 <br />SF -2679421 <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br />