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47. Health and Safety Code section 25189.2, subdivision (c), prohibits the disposal of any <br />2 hazardous or extremely hazardous waste at a point which is not authorized according to the <br />3 provisions of Chapter 6.5 ofthe Health and Safety Code. <br />4 48. Health and Safety Code section 25201, subdivision (a), prohibits the owner or <br />5 I operator of a facility from accepting, treating, storing, or disposing of a hazardous waste unless <br />6 ! that owner or operator holds a hazardous waste facilities permit or other grant of authorization or <br />7 grant of conditional authorization or conditional exemption from the Department <br />8 49. On and prior to December 14, 2010, Defendants violated Health and Safety Code <br />9 section 25189.2, subdivision (c), by disposing of drip pads, oily contaminated absorbents, spent <br />0 selenium bags and floor sweep containing spent selenium into the trash for disposal at a landfill. <br />Drip pads and oily contaminated absorbents are hazardous wastes. The spent selenium disposed <br />12 of in the trash is an extremely hazardous waste. <br />13 j 50. On and prior to December 14, 2010, Defendants violated Health and Safety Code <br />section 25201, subdivision (a), by disposing of hazardous waste into the trash without a permit, <br />authorization, conditional authorization or conditional exemption from the Department. <br />51. 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 Health and Safety Code sections 25189.2, subdivision (c) and 25201, <br />subdivision (a) occurred or continued. <br />SEVENTH CAUSE OF ACTION <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 />(Failure to Make a Waste Determination) <br />(Cal. Code Regs., tit 22, § 66262.11) <br />52. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />53. California Code of Regulations, Title 22, section 66262.11, requires that persons who <br />generate a waste, as defined in section 66261.2, determine if that waste is a hazardous waste by <br />methods proscribed in the regulation. If a waste is determined to be hazardous, additional <br />requirements flow from that determination. <br />II <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF