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1 5 . Count 5 as to Corporation only: Title 22 CAC <br /> 2 §66265 . 177 (c) (container of HW which was incompatible with any <br /> 3 other waste or material stored nearby in other containers, <br /> 4 tanks, waste piles, or surface impoundments was not separated or <br /> 5 protected by a berm or other device) . <br /> 6 6 . Count 6 as to Corporation only: Title 22 CAC <br /> 7 §66265 . 16 (a) - (e) (failure to provide proper personnel training) . <br /> 8 1. Regarding the individual defendants Art Smith, R. C. <br /> 9 Tupas, Jr. and Celso Tupas, as to Count 1, said defendants shall <br /> 10 plead no contest to Health & Safety Code §25189 . 5 (d) , a <br /> 11 misdemeanor, in that defendants failed to properly store <br /> 12 hazardous waste (i.e. , defendants stored hazardous waste in <br /> 13 unlabeled containers) ; Imposition of sentence as to the <br /> 14 individual defendants shall be stayed on the following <br /> 15 conditions: <br /> 16 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 amount of the fine shall be reduced by the amount spent on <br /> 19 behalf of each individual for training in the safe handling of <br /> 20 hazardous materials and hazardous waste. Written proof of such <br /> 21 training and the amount paid for such training shall be provided <br /> 22 to the District Attorney as a condition of such credit. <br /> 23 2 . The individual defendants shall obey all laws, no same <br /> 24 or similar offense. <br /> 25 3 . The individual defendants shall complete a minimum of <br /> 26 100 hours of community service during 11/24/93-11/23/94 ; 200 <br /> 27 hours during 11/24/94-11/23/95 ; and 250 hours during 11/24/95- <br /> 28 11/23/96 . Defendants J.R. Tupas and Celso Tupas shall receive <br /> 2 . <br />