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17. The Department is informed and believes that PNA has been assigned U.S. EPA ID <br />2 Number CAD005415633 pursuant to KCRA. <br />3 j ENFORCEMENT AUTHORITY UNDER THE HWCL <br />4 18. Pursuant to the provisions of the HWCL, the Court may impose civil penalties under <br />5 two distinct and alternative provisions. Section 25189 creates liability for any negligent or <br />6 intentional violation of the HWCL or any permit, rule, regulation, standard, or requirement issued <br />7 or adopted thereunder. Section 25189.2 is a strict liabilitj' provision, which creates liability for <br />8 any violation of the HWCL or any permit, rule, regulation, standard, or requirement issued or <br />9 adopted thereunder. (Health & Saf Code, § 25189.2, subd. (b).) <br />0 19. Section 25181 of the Health and Safety Code authorizes the superior court to grant "a <br />11 permanent or temporary injunction, restraining order, or other order" when the Attomey General, <br />12 at the request of the Department, applies for an order enjoining violations of the HWCL or of any <br />13 rule or requirement issued thereunder, and the Department shows that the person against whom <br />14 the order is sought has violated or will violate those provisions. Violation of each provision of <br />15 the HWCL is a separate violation subject to penalty under Health and Safety Code section 25189 <br />or section 25189.2 <br />20. Health and Safety Code section 25184 provides that in civil actions brought pursuant <br />to the HWCL in which an injunction or temporary restraining order is sought:". . . it shall not be <br />necessary to allege or prove at any stage of the proceeding that irreparable damage will occur <br />should the temporary restraining order, preliminary injunction, or permanent injunction not be <br />issued; or that the remedy at law is inadequate, and the temporary restraining order, preliminary <br />injunction, or permanent injunction shall issue without such allegations and without such proof." <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 />HAZARDOUS WASTE HANDLING AND <br />ENFORCEMENT HISTORY AT PNA'S LATHROP FACILITY <br />21. PNA has a history of prior violations of the HWCL at its Lathrop Facility, some of <br />which are recurring violations in this action. The San Joaquin County Environmental Health <br />Department - the local Certified Unified Program Agency or CUPA - has issued three inspection <br />reports to PNA since 2007, finding numerous violations in each case: <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF