Laserfiche WebLink
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 />64. California Code of Regulations, Title 22, section 66265.54, subdivision (d), requires <br />the owner or operator of a facility to immediately amend its Contingency Plan when its <br />emergency coordinator(s) change. <br />65. On and prior to December 14, 2010, Defendants violated California Code of <br />Regulafions, Tifie 22, section 66265.54, subdivision (d), by failing to update the Lathrop <br />Facility's Contingency Plan to reflect the departure of one emergency coordinator and the hiring <br />of another coordinator. In each of three inspections performed by the CUPA (2007, 2009 and <br />2010), the Lathrop Facility had failed to have a complete Confingency Plan[, and in the last <br />j inspecfion, the Lathrop Facility had failed to designate an emergency coordinator]. <br />I 66. Based on the above, the Department is entitled to injunctive relief against Defendants <br />i under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />I <br />I secfion 25189, subdivision (b) or section 25189.2, subdivision (b), for each day during which <br />each violation of Califomia Code of Regulations, Tifie 22, secfion 66265.54, subdivision (d) <br />occurred or continued. <br />TENTH CAUSE OF ACTION <br />(Failure to Implement Contingency Plan) <br />(Cal. Code Regs., tit. 22, § 66265.51, subd. (b)) <br />67. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />68. California Code of Regulations, Title 22, section 66265.51, subdivision (b), requires <br />that the owner or operator of a facility implement applicable provisions of a Contingency Plan <br />immediately whenever there is a release of hazardous waste or hazardous waste constituents <br />which could threaten human health or the environment. <br />69. On and prior to December 14, 2010, Defendants violated California Code of <br />Regulations, Title 22, section 66265.51, subdivision (b), by failing to implement cleanup <br />procedures in the Lathrop Facility's plan for the containment, cleanup and removal of spills of <br />hazardous waste, including, inter alia, sulfuric acid spill(s) at the battery station and used oil spill <br />in the basement of the maintenance building. <br />14 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF