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70. Based on the above, the Department is entitled to injunctive relief against Defendants <br />2 under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />3 secfion 25189, subdivision (b) or section 25189.2, subdivision (b), for each day during which <br />4 I each violation of California Code of Regulafions, Title 22, secfion 66265.51, subdivision (b) <br />5 occurred or continued. <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 />ELEVENTH CAUSE OF ACTION 6 <br />7 <br />(Failure to Properly Label Containers of Hazardous Waste) <br />8 (Cal. Code Regs., tit. 22, § 66262.34, subd. (f)) <br />g 71. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />Q j 72. Califomia Code of Regulations, Title 22, section 66262.34, subdivision (f), requires <br />J ] that a generator who accumulates hazardous waste on site to clearly and visibly mark each <br />j2 container of hazardous waste with the date upon which each period of accumulafion begins and a <br />j2 label with the words "Hazardous Waste." Additionally, this subdivision requires that all <br />14 containers must be marked with the composition and physical state of the wastes, statements <br />J 2 which call attention to the particular hazardous properties of the waste, and the name and address <br />^ g of the person producing the waste. <br />73. On and prior to December 14, 2010, Defendants violated Califomia Code of <br />Regulations, Title 22, section 66262.34, subdivision (f), by failing to label and improperly <br />labeling containers of hazardous waste, including, inter alia: <br />(a) in the hazardous waste storage building, one 55-gallon drum containing waste <br />oil did not have a accumulafion start date; <br />(b) in the hazardous waste storage building, one unlabelled roll container contained <br />oily contaminated granules, pads and gloves; <br />(c) in the hazardous waste storage area, one 55-gallon drum had an "empty" label <br />but had waste inside; <br />(d) near the cooling tower area, two 55-gallon drums marked with "empty" labels <br />still contained waste oil; <br />15 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF