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