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(e) one 55-gallon drum containing sludge from the wastewater treatment plant had <br />2 no accumulation start date; <br />3 I (f) one pallet containing four containers had both "non-hazardous" and "hazardous <br />4 waste" labels on them, without any additional information regarding the hazardous waste; and <br />5 (g) near the battery recharging area, one 55-gallon drum containing antifreeze, one <br />6 55-gallon drum containing oily contaminated absorbent pads and gloves, and one 55-gallon drum <br />7 containing empty aerosol cans did not have accumulation start dates. <br />8 74. In 2007 and 2010, after inspections, the CUPA cited PNA's Lathrop Facility for <br />9 failure to properly or completely label containers of hazardous waste. <br />0 75. Based on the above, the Department is entitled to injunctive relief against Defendants <br />11 under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />1 <br />12 section 25189, subdivision (b) or secfion 25189.2, subdivision (b), for each day during which <br />each violation of Califomia Code of Regulafions, Title 22, secfion 66262.34, subdivision (f) <br />14 occurred or confinued. <br />TWELFTH CAUSE OF ACTION 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 Nofify CUPA) <br />(Health & Saf Code, § 25201.16, subd. (j)) <br />76. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />77. California Health and Safety Code section 25201.16, subdivision (j), in relevant part, <br />requires a universal waste handler to submit a nofification to the CUPA in its jurisdiction no later <br />than the date on which it first initiated the processing of universal waste aerosol cans. <br />78. On and prior to December 14, 2010, Defendants violated Califomia Health and Safety <br />Code section 25201.16, subdivision (j), by failing to nofify the CUPA when they first initiated use <br />of a spray paint can puncturing device to process universal waste aerosol cans. <br />79. Based on the above, the Department is entitled to injunctive relief against Defendants <br />under Health and Safet>' Code section 25181 and civil penalties under Health and Safet>' 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 section 25201.16, subdivision (j) occurred or continued. <br />16 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF