COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

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i I "Covered Facilities"means the KMART retail facilities in the State of California listed on 2 Exhibit A attached hereto and incorporated by reference. 3 "Future Facilities"means any retail facilities that KMART may,after the entry of the Final 4 Judgment,open in California in addition to the Covered Facilities. 5 2. JURISDICTION 6 The Parties stipulate and agree that the Superior Court of California,County of Ventura,has 7 subject matter jurisdiction over the matters alleged in this action and personal jurisdiction over the 8 Parties to this Final Judgment. 9 3. PAYMENTS FOR PENALTIES,ENVIRONMENTAL PROTECTION 10 ENFORCEMENT AND OTHER PROJECTS 11 KMART shall pay civil penalties,cy pres restitution,fund the supplemental environmental { 12 projects provided for in this Final Judgment and pay costs in the total amount of EIGHT MILLION 13 SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($8,650,000.00). All payments set forth in 14 paragraphs 3.La,3.Lb., 3.2.a,and 3.3 below shall be delivered to the Ventura County District 15 Attorney at the address set forth in paragraph 7,below,or by wire transfer,and shall be allocated and 16 distributed as set forth in paragraphs 3.1 through 3.5 below. 17 3.1 Civil Penalties 18 3.La. On or before the date of approval by the Court of this Final Judgment, 19 KMART shall pay TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS($2,800,000.00) 20 as civil penalties pursuant to section 17206 of the Business and Professions Code,and SIX 21 HUNDRED THOUSAND DOLLARS($600,000.00)as civil penalties pursuant to section 25515.2 j 22 of the Health and Safety Code,to the prosecuting agencies/regulatory agencies identified in,and in 1 23 accordance with the terms of,Exhibit B,attached hereto and incorporated by reference. 24 3.Lb. Additionally,KMART shall pay ONE MILLION SIX HUNDRED 25 THOUSAND DOLLARS($1,600,000.00)as civil penalties to the prosecuting agencies pursuant to 26 section 17206 of the Business and Professions Code. However,payment of the entire ONE 27 MILLION SIX HUNDRED THOUSAND DOLLARS($1,600,000.00)of civil penalties set forth in 28 this paragraph 3.Lb.,shall be stayed("Stayed Penalty")for a period of five(5)years from the date 3 sF-2679421 j STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT 3 E i