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1 <br />5. Count 5 as to Ccrnoration only: Title 22 C.1C <br />2 <br />§66265.177(c) (container cf HW which was incompatible with any <br />3 <br />other waste or material stored nearby in other containers, <br />4 <br />tanks, waste piles, or surface impoundments was not separated or <br />5 <br />protected by a berm or other device). <br />6 <br />6. Count 6 as to Corporation. only: Title 22 CAC <br />7 <br />§66265.16(a) -(e) (failure to provide proper personnel training). <br />6 <br />1. Regarding the individual defendants Art Smith, R. C. <br />.9 <br />Tupas, Jr. and Celso Tupas, as to Count 1, said defendants shall <br />10 <br />plead no contest to Health & Safety Code 525189.5(d), a <br />11 <br />misdemeanor, in that defendants failed to properly store <br />12 <br />hazardous waste (i.e., defendants stored hazardous waste in <br />13 <br />unlabeled containers); Imposition of sentence as to the <br />14 <br />individual defendants shall be stayed on the following <br />15 <br />conditions: <br />16 <br />2. The individual defendants shall each pay a fine of <br />17 <br />$5,000; payment of the fine is suspended for one year; the <br />18 <br />amount of the fine shall be reduced by the amount spent on <br />19 <br />behalf of each individual for training in the safe handling of <br />20 <br />hazardous materials and hazardous waste. Written proof of such <br />21 <br />trainingand the amount paid for such training shall be providec <br />22 <br />to the District Attorney as a condition of such credit. <br />23 <br />2. The individual defendants shall obey all laws, no same <br />24 <br />or similar offense. <br />25 <br />3. The individual defendants shall complete a minimum of <br />26 <br />27 <br />100 hours of community service during 11/24/93-11/23/94; 200 <br />hours during <br />11/24/94-11/23/95; and 250 hours during 11/24/95- <br />28 <br />11/23/96. Defendants J.R. Tupas and Celso Tupas shall receive <br />2. <br />