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1 defendant in place of the fictitious name. Does 1 -20 are, and at all times relevant to the claims in <br />2 this Complaint were, legally responsible for compliance with the provisions of the Califomia <br />3 Health and Safety Code, including, but not limited to. Chapter 6.5 of Division 20, and the <br />4 corresponding implementing regulations, in connection with the ownership and/or operation of <br />5 the Lathrop Facility. <br />6 JURISDICTION AND VENUE <br />7 13. This court has jurisdiction pursuant to California Constitution, Article VI, section 10. <br />8 Venue is proper under Health and Safety Code section 25183. The violations of law principally <br />I <br />9 took place at PNA's place of business in Lathrop, San Joaquin County, Califomia and PNA has <br />0 J stipulated to DTSC filing this action in Sacramento Count)'. <br />STATUTORY AND REGULATORY BACKGROUND <br />12 14. The State of California has a comprehensive - "cradle to grave" - statutory and <br />13 regulatory framework for the generation, handling, treatment, storage, transport, and disposal of <br />14 hazardous wastes. The HWCL's implementing regulations specify requirements for the tracking, <br />15 I storage, treatment, and disposal of hazardous waste to protect the public and the environment <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 />from the risks posed by improper management of hazardous wastes. (Cal. Code Regs., tit. 22, §§ <br />66260.1 etseq.) <br />15. The HWCL is the California analog of the federal Resource Conservation and <br />Recovery Act, 42 U.S.C. § 6901 et seq. ("RCRA"). Pursuant to state and federal law, the <br />Department administers the HWCL in lieu of federal administration of RCRA in California. (See <br />Health & Safety Code, § 25101, subd. (d); California: Final Authorization of Revisions to State <br />Hazardous Waste Management Program, 66 FR 49118 (September 26, 2001).) Federal law <br />prohibits California from imposing "any requirements less stringent than those authorized under <br />[RCRA]." (42 U.S.C. § 6929.) However, RCRA does not prevent California from imposing <br />requirements which are more stringent than those imposed by federal law. (Id.) <br />16. Califomia state law - the HWCL - has a more inclusive definition of hazardous waste <br />than does federal law. Hazardous wastes that are regulated under California law but not federal <br />28 ,1 law are known as "non-RCRA hazardous wastes." (Health & Saf. Code, § 25117.9.) <br />I 4 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF