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RECEIVED
<br /> �- JOW z o 2u05
<br /> CFFICE OF EMER JUiAuuiiV I.UUIV I Y
<br /> 1 8. Defendants shall additionally pay to plaintiff the sum of TWO THOUSAND S1X SERVI _
<br /> 2 HUNDRED DOLLARS ($2,600.00), for partial cost of investigation and suit incurred by the San
<br /> 3 Joaquin County Office of the District Attorney, for all locations listed below in paragraph 10. Said
<br /> 4 payment shall be due and payable to and delivered to the San Joaquin County Office of the District
<br /> 5 Attorney, Environmental Prosecutions Unit.
<br /> 6 9. Defendant shall be penalized, as and for civil penalties,pursuant to Business and
<br /> 7 Professions Code §§ 17200 et seq., in addition to those penalties set forth in paragraphs 5, 6, 7, and
<br /> 8 8,THIRTY THOUSAND DOLLARS ($30,000.00). However it is stipulated by all parties that the
<br /> 9 entire additional THIRTY THOUSAND DOLLARS ($30,000.00), in civil penalties shall be stayed
<br /> 10 for a period of five years from the date of signing this document, on the condition that the defendant
<br /> I 1 file with the San Joaquin County Office of Emergency Services the 2007 Hazardous Material
<br /> 12 Management Plan and Employee Training Records by January 15, 2007, 2008 Hazardous Material
<br /> 13 Management Plan and Employee Training Records by January 15, 2008, and the 2009 Hazardous
<br /> 14 1 Material Management Plan and Employee Training Records by January 15, 2009, 2010 Hazardous
<br /> 15 Material Management Plan and Employee Training Records by January 15, 2010, and the 2011
<br /> 16 Hazardous Material Management Plan and Employee Training Records by January 15, 2011, for all
<br /> 17 locations listed below in paragraph 10.
<br /> 18 10. In addition, defendants and plaintiff hereby stipulate that the civil penalties being paid
<br /> 19 pursuant to this agreement cover any civil penalties that were originally prayed for by the plaintiff in
<br /> 20 the following matters on the below listed addresses:
<br /> 21 CV 028189 Applebee's Neighborhood Grill, 2442 W. Kettleman Lane,Lodi, CA
<br /> 22 CV 028190 Burger King, 616 W. Kettleman Lane, Lodi, CA
<br /> 23 CV 028191 Burger King, 230 N. Cherokee Lane, Lodi, CA
<br /> 24 CV 028192 Burger King, 230 N. Tracy Blvd., Tracy, CA
<br /> 25 CV 028193 Burger King, 6361 W. Highway 12, Lodi, CA
<br /> 26 CV 028194 Burger King, 3200 N. Naglee Rd., #164, Tracy, CA
<br /> 27 CV 028196 Burger King, 619 W. Charter Way, Stockton, CA
<br /> 28 4.
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