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1 20,Chapters 6.5 and 6.95,and their implementing regulations,at KMART's operating retail <br /> 2 facilities in California on and before May 1,2009. As set forth in the Complaint filed concurrently <br /> 3 herewith(the"Complaint"),the People allege that KMART violated Chapters 6.5 and 6.95 of <br /> 4 Division 20 of the Health and Safety Code,and the regulations promulgated under those chapters; <br /> 5 and Business and Professions Code section 17200,et seq.,by KMART's improper handling, <br /> 6 disposal,treatment,and/or storage of hazardous waste and hazardous materials generated in the <br /> 7 course of their operation of their California retail facilities from May 2003,through and including <br /> 8 May 1,2009. <br /> 9 The Parties engaged in settlement negotiations prior to the filing of this Final Judgment. In <br /> 10 those settlement negotiations the People were represented by the Attorney General of the State of - <br /> 11 California and the District Attorneys for the Counties of San Joaquin,Ventura,and Riverside. <br /> 12 KMART was represented by Michael Steel of Morrison&Foerster,LLP. <br /> ;i <br /> 13 The Parties have agreed to settle this matter without litigation pursuant to the terms of this <br /> 14 Final Judgment. Towards this end,the People have filed their Complaint simultaneously with the <br /> 15 lodging of this Final Judgment and a motion for approval of this Final Judgment. <br /> 16 The People believe that the resolution embodied in this Final Judgment is fair and reasonable41 <br /> 3 <br /> 17 and fulfills the People's enforcement objectives;that the terms of this Final Judgment are <br /> 18 appropriate; and that entry of this Final Judgment is in the best interests of the public. This Final <br /> 19 Judgment is neither an admission nor a denial by KMART regarding any issue of law or fact alleged <br /> 20 in the Complaint in this matter or of any violation of any law. <br /> 21 FINAL JUDGMENT INCLUDING INJUNCTION <br /> 22 PURSUANT TO STIPULATION, ORDER <br /> f <br /> 23 The Parties,after opportunity for review by their respective counsel,hereby stipulate and ' <br /> 24 consent to the entry of this Final Judgment as set forth below. <br /> 3 <br /> 25 1. DEFINITIONS <br /> 26 Except where otherwise expressly defined in this Final Judgment,all terms shall be <br /> 27 interpreted as set forth herein and consistent with Chapters 6.5 and 6.95 of Division 20 of the Health <br /> i <br /> 28 and Safety Code and the regulations promulgated under those chapters. i <br /> 2 <br /> sr-2679421 3 <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br /> a <br />