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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 />SECOND CAUSE OF ACTION <br />(Unpermitted and Unauthorized Storage of Universal Waste) <br />(Cal. Code Regs., tit. 22, § 66273.35, subd. (a)) <br />30. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />31. California Code of Regulations, Title 22, section 66273.35, subdivision (a), limits the <br />time a universal waste handler may accumulate universal waste on-site to no longer than one year <br />from the date the universal waste was generated. <br />32. Since on or before October 16, 2010 and through at least December 14, 2010, <br />Defendants violated California Code of Regulations, Title 22, section 66273.35, subdivision (a), <br />by storing - in the hazardous waste storage building situated near the oil-water separation tank <br />system area of its Facility - electronic waste ("e-waste") for more than one year. The e-waste <br />container's label bore an origination date of October 15, 2009. <br />33. Based on the above, the Department is entitled to injunctive relief against Defendants <br />under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />section 25189, subdivision (b) or section 25189.2, subdivision (b), for each day during which <br />each violation of Califomia Code of Regulations, Title 22, section 66262.35, subdivision (a) <br />occurred or continued. <br />THIRD CAUSE OF ACTION <br />(Unlawful Disposal of Hazardous Waste) <br />(Health & Saf Code, § 25189.2, subd. (c)) <br />34. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />35. Health and Safety Code section 25189.2, subdivision (c), prohibits any person from <br />disposing of any hazardous or extremely hazardous waste at a point which is not authorized <br />according to the provisions of Chapter 6.5 of the Health and Safety Code. Each day on which the <br />deposit remains is a separate additional violation, unless the person immediately files a report of <br />the deposit with the department and is complying with any order concerning the deposit issued by <br />the department. <br />8 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF