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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 />THIRTEENTH CAUSE OF ACTION <br />(Unauthorized Onsite Treatment of Waste Oil) <br />(Health & Saf Code, § 25201, subd. (a)) <br />80. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />81. Health and Safety Code section 25201, subdivision (a), in relevant part, prohibits the <br />owner or operator of a facilitj' from treating a hazardous waste unless they hold a hazardous <br />waste facilities permit or other grant of authorizafion or grant of conditional authorizafion or <br />condifional exemption from the Department. <br />82. On and prior to December 14, 2010, Defendants violated Health and Safety Code <br />secfion 25201, subdivision (a), by treating waste oil on site in its maintenance shop without a <br />I peimit or other authorization. <br />83. Based on the above, the Department is entitled to injunctive relief against Defendants <br />under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />secfion 25189, subdivision (b) or secfion 25189.2, subdivision (b), for each day during which <br />each violation of Health and Safety Code section 25201, subdivision (a) occurred or continued. <br />FOURTEENTH CAUSE OF ACTION <br />(Failure to Provide Nofification and Certification of Tank Closure) <br />(Cal. Code Regs., fit 22, § 67383.3, subds. (f), (g) and (h)) <br />84. Paragraphs I through 24 are realleged as if fully set forth herein. <br />85. Califomia Code of Regulafions, Tifie 22, secfion 67383.3, subdivisions (f), (g) and <br />(h), require the owner or operator of a tank system to obtain a certificate certifying that a closed <br />tank has been properly cleaned and to submit that certificate to the CUPA. <br />86. On and prior to December 14, 2010, Defendants violated Califomia Code of <br />Regulations, Title 22, secfion 67383.3, subdivisions (f), (g) and (h), by ceasing use in 2001 of a <br />hydrofluoric acid tank in the basement of its maintenance shop without obtaining the required <br />certificate or providing a copy of a certificate to the CUPA. <br />87. Based on the above, the Department is entitled to injunctive relief against Defendants <br />under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF