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1 <br />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 />complained of below. Their real names are unknown at this time, and the People will amend this <br />complaint at a later date when the true identities of DOES ONE through TWENTY are discovered. <br />21. Whenever in this Complaint reference is made to any act of Defendants, such allegation <br />shall be deemed to mean that Defendants and their officers, agents, employees, or representatives, did <br />or authorized acts while actively engaged in the management, direction, or control of the affairs of <br />11 said Defendants, and while acting within the course and scope of their duties. <br />FIRST CAUSE OF ACTION <br />VIOLATION OF HEALTH AND SAFETY CODE SECTION 25100 ET SEQ. <br />(HAZARDOUS WASTE CONTROL ACT) <br />22. Paragraphs 1 through 21, above are incorporated herein by reference. Plaintiff is <br />informed and believes and based on such information and belief alleges that beginning at an exact <br />date that is unknown to Plaintiff, but within five (5) years prior to the filing of this <br />Complaint (CCP §338.1), Defendants engaged in acts in violation of Health and Safety Code §25100 <br />et seq., including by not limited to the following: <br />a. Failed to determine if a waste is a hazardous waste in violation of California Code <br />of Regulations title 22, section 66262.11; <br />b. Managed a hazardous waste without an EPA ID number, in violation of California <br />Code of Regulations, title 22 section 66262.12(a); <br />c. Failed to maintain adequate aisle space in the hazardous waste storage area, to <br />allow for movement of personnel and response equipment in an emergency in violation of California <br />Code of Regulations, title 22 section 66265.35; <br />d. Failed to properly label or mark containers used for onsite accumulation of <br />hazardous waste, in violation of California Code of Regulations, title 22 section 66262.34(f); <br />e. Failed to keep hazardous waste containers closed, except when adding or <br />removing waste, in violation of California Code of Regulations, title 22 section 66265.173(a); <br />f. Failed to retain copies of signed hazardous waste manifests for at least three (3) <br />years from the date the waste was accepted by the initial transporter, in violation of California Code <br />of Regulations, title 22 section 66262.40(a); <br />n <br />