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1 FIRST CAUSE OF ACTION <br /> 2 VIOLATION OF HEALTH AND SAFETY CODE SECTIONS 25100 ET SEQ. <br /> (HAZARDOUS WASTE CONTROL ACT) <br /> 3 <br /> 4 15. Plaintiff is informed and believes and based on such information and belief alleges that <br /> 5 beginning at an exact date that is unknown to Plaintiff, but within five (5)years prior to the filing of <br /> 6 this Complaint(CCP §338.1), Defendant engaged in acts in violation of Health and Safety Code <br /> 7 §25100 et seq., including by not limited to the following: <br /> 8 a. Disposed or caused the disposal of a hazardous or extremely hazardous waste at a <br /> 9 point which is not authorized, in violation of Health and Safety Code section 25189.2(c); <br /> 10 b. Accepted,treated, stored or disposed of hazardous waste at a facility without <br /> 11 holding a hazardous waste facility permit, in violation of Health and Safety Code section 25201(a); <br /> 12 c. Failed to report program data for a regulated business electronically,in violation of <br /> 13 Health and Safety Code 25404(e)(4); <br /> 14 d. Failed to have at all times at least one employee either on facility premises or on <br /> 15 call with the responsibility for coordinating all emergency response measures, in violation of <br /> 16 California Code of Regulations,title 22 section 66262.34(d)(2) and Code of Federal Regulations, <br /> 17 title 40 section 262.34(d)(5)(i); <br /> 18 e. Failed to maintain a copy of the modified contingency plan at the facility, in <br /> 19 violation of California Code of Regulations,title 22 section 66262.34(d)(2) and Code of Federal <br /> 20 Regulations,title 40 section 262.34(d)(5)(ii); <br /> 21 f. Failed to ensure that all employees are thoroughly familiar with proper waste <br /> 22 handling and emergency procedures relevant to their responsibilities, in violation of California Code <br /> 23 of Regulations,title 22 section 66262.34(d)(2) and Code of Federal Regulations,title 40 section <br /> 24 262.34(d)(5)(iii); <br /> 25 g. Failed to respond to any fire, spill of hazardous waste, or other releases which <br /> 26 could threaten human health, in violation of California Code of Regulations,title 22 section <br /> 27 66262.34(4)(2) and Code of Federal Regulations,title 40 section 262.34(d)(5)(iv); <br /> 28 h. Failed to completely label or mark each container or portable tank used for onsite <br /> -4- <br /> :rr�r rr+rrr� rr�w,mi •rT.Tm Tl1T -TTT TlT Tl1 T !TX TTT TIT-XT AT TTTCi A T.TTI 1-1R-TJ`0D 1--)UT TUL` <br />