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54. On and prior to December 14, 2010, Defendants violated California Code of <br />2 Regulations, Title 22, section 66262.11, by failing to make a waste determination for the spent <br />3 selenium floor sweep and used bags of selenium prior to disposing of each in the trash for <br />4 1 disposal at a landfill. The selenium powder in the floor sweep and the spent bags of selenium at <br />5 the Lathrop Facility had a concentration level many times that for an extremely hazardous waste. <br />6 55. Based on the above, the Department is entitled to injunctive relief against Defendants <br />7 under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />8 I section 25189, subdivision (b) or section 25189.2, subdivision (b), for each day during which <br />9 j each violation of California Code of Regulations, Tide 22, section 66262.11 occurred or <br />10 i continued. <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 />EIGHTH CAUSE OF ACTION <br />(Failure to Provide and Document Employee Training) <br />(Cal. Code Regs., tit. 22, § 66265.16, subds. (a)(1) and (d)(4) and Health and Safety Code, <br />§ 25201.16, subd. (h)) <br />56. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />57. California Code of Regulations, Title 22, section 66265.16, subdivision (a)(1) <br />requires the owner or operator of a facility to ensure that its employees who handle hazardous <br />waste complete a program of training that teaches each employee to perform his/her duties in a <br />way that ensures the facility's compliance with the HWCL and its implementing regulations. <br />Subdivision (d) of that same section also requires that the owner or operator of a facility retain the <br />documentation of the required employee training at the facility for a specified period of fime <br />showing that such training is actually provided to, and completed by, the employees. <br />58. In addition. Health and Safety Code section 25201.16, subdivision (h), prohibits a <br />universal waste handler from processing universal waste aerosol cans to remove and collect the <br />contents of the can, unless, among other requirements, the universal waste handler ensures <br />through a training program utilizing written operating procedures developed pursuant to this <br />regulation, that each employee is thoroughly familiar with the procedure for sorting and <br />12 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF