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1 wastes. The selenium powder at the Lathrop Facility had a concentration level many times that <br />2 for an extremely hazardous waste. The selenium powder was found in an area where employees <br />3 walk and therefore, could be tracked and emitted into the air in and around the Facility or <br />4 discharged via the storm water system to the Delta. <br />5 41. Based on the above, the Department is entitled to injunctive relief against Defendants <br />6 under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />7 section 25189, subdivision (b) or section 25189.2, subdivision (b), for each day during which <br />8 each violation of Califomia Code of Regulations, Title 22, section 66265.31 occurred or <br />I <br />9 j continued. <br />10 1 FIFTH CAUSE OF ACTION <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 />(Improper Placement of Universal Waste Aerosol Cans Processing Device) <br />(Health & Saf. Code, § 25201.16, subd. (3)) <br />42. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />43. Health and Safety Code section 25201.16, subdivision (3)(A), requires that a device <br />used to process aerosol cans containing universal waste be placed on or above a floor or other <br />surface that has secondary containment to contain leaks and spills. <br />44. On and prior to December 14, 2010, Defendants violated Health and Safety Code <br />section 25201.16, subdivision (3)(A), by placing a paint puncturing device on a wooden pallet <br />resting on the floor with no secondary containment. <br />45. Based on the above, the Department is entitled to injunctive relief against Defendants <br />under Health and Safet>' 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 Health and Safet}' Code 25201.16, subdivision (3)(A) occurred or continued. <br />SIXTH CAUSE OF ACTION <br />(Unlawful Disposal of Hazardous Waste) <br />(Health & Saf Code, §§ 25189.2, subd. (c), 25201, subd. (a)) <br />46. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />10 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF