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! <br />1 processing universal waste aerosol cans, and proper waste handling and emergency procedures <br />2 relevant to his or her responsibilifies during normal facility operations and emergencies. <br />3 59. On and prior to December 14, 2010, Defendants violated California Code of <br />4 Regulations, Title 22, section 66265.16, subdivision (a)(1), by failing to provide annual training <br />5 to employees at the Lathrop Facility as required by this regulation, including failing to train <br />6 maintenance personnel or contract employees on, inter alia, waste container management <br />7 labeling, on-site storage of hazardous waste, empty container management, universal waste <br />8 management, and management of used oil and batteries. <br />9 60. On and prior to December 14, 2010, Defendants violated California Code of <br />10 <br />11 <br />Regulations, Title 22, section 66265.16, subdivision (d), by failing to provide documentation for <br />annual training of employees at the Lathrop Facility with hazardous waste handling or <br />12 management responsibilities. On June 30, 2010, the CUPA had also cited the Lathrop Facility for <br />13 failure to maintain complete training records in violation of section 66265.16, subdivision (d). <br />14 61. On and prior to December 14, 2010, Defendants violated Health and Safety Code <br />15 section 25201.16, subdivision (h)(8), by failing to provide documentation of any training of <br />16 employees processing of universal waste aerosol cans, including employees processing of aerosol <br />17 paint cans using a puncturing device found at its Lathrop Facility. <br />18 62. Based on the above, the Department is enfitled to injunctive relief against Defendants <br />19 under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />20 secfion 25189, subdivision (b) or section 25189.2, subdivision (b), for each day during which <br />21 each violafion of California Code of Regulations, Title 22, section 66265.16, subdivisions (a)(1) <br />22 and (d)(4), and Health and Safety Code, § 25201.16, subdivision (h) occurred or continued. <br />23 NINTH CAUSE OF ACTION <br />24 <br />25 <br />(Failure to Complete and Update Confingency Plan) <br />(Cal. Code Regs., fit. 22, § 66265.54, subd. (d)) <br />26 <br />27 <br />28 <br />' 63. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />13 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF <br />!