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i <br /> c <br /> I and K MART. The People move this Court for entry of the Final Judgment based on a finding <br /> 2 that the resolution of this action as set forth in the proposed Final Judgment is fair and in the <br /> 3 public interest. <br /> 4 This civil law-enforcement action against K MART is based on investigations conducted <br /> 5 by governmental agencies in the State of California of K MART's acts and practices at and from <br /> 6 K MART's retail facilities in California as alleged in the Complaint, including but not limited to <br /> 7 hazardous-waste and hazardous-materials handling, disposal, storage, reporting, transportation, <br /> 8 labeling, and manifesting. During the investigation and negotiations, K MART cooperated and <br /> 9 has dedicated significant resources towards environmental compliance and towards enhancing <br /> 10 K MART's hazardous-waste and hazardous-materials management compliance programs. <br /> 11 The proposed Final Judgment will resolve the violations alleged by the People against <br /> 12 K MART at the California retail facilities identified in the Complaint ("Covered Facilities") <br /> 13 through May 1, 2009- The Final Judgment provides for both monetary and injunctive relief. <br /> 3 <br /> 14 Under the proposed Final Judgment, K MART is obligated to pay civil penalties, make <br /> ( 15 payments for supplemental environmental projects and make partial <br /> cost reimbursement to the <br /> 16 investigating agencies and prosecuting offices. The disbursement of funds has been structured <br /> 17 so that civil penalties, costs, and supplemental environmental.projects will be distributed to the <br /> 18 prosecuting offices and governmental agencies that assisted in the investigation. In addition, <br /> 19 K MART will provide funds that will be allocated to environmental training programs for <br /> 20 prosecutors, investigators and regulatory personnel assigned to environmental-enforcement <br /> 21 matters that provide a statewide benefit to residents and the environment of the State of <br /> 22 California. Moreover, K MART is obligated under the Final Judgment to adopt and implement <br /> 23 over the next five years several additional environmental commitments within the State of <br /> 24 California. Finally, under the terms of the Stipulation and Final Judgment, K MART is subject <br /> li <br /> 25 to an injunction for at least five (5)years and for that same period of time is required to submit <br /> 26 annual status reports regarding, inter alia,its compliance with the terms of the Final Judgment. <br /> 27 <br /> Y <br /> C 28 <br /> 4- <br /> MEMORANDUM OF POINTS AND AUTHORITIES <br />