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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 />3. Defendants, in the course of Defendants' GASOLINE SALES/MM-MART activities, are <br />pursuant to Health and Safety Code section 25100 et seq., hereby permanently enjoined from: <br />a. Failed to retain a copy of consolidated manifest for three (3) years, in violation of <br />Health and Safety Code section 25160.2(b)(3); <br />b. Failed to return compliance certificate to the authorized local agency, in violation <br />of Health and Safety Code section 25187.8(b); <br />c. Failed to mark and manage an emptied container or an inner liner from a container <br />larger than five (5) gallons in capacity, in violation of California Code of Regulations, title 22 section <br />66261.7(f); <br />d. Failed to determine if that waste is a hazardous waste, in violation of California <br />Code of Regulations, title 22 section 66262.11; <br />e. Failed to retain as a record for at least three (3) years from the date the waste was <br />accepted by the initial transporter, in violation of California Code of Regulations, title 22 section <br />66262.40(a); <br />4. Defendants, in the course of Defendants' GASOLINE SALES/MM-MART activities, are <br />pursuant to Health and Safety Code section 25280 et seq., hereby permanently enjoined from: <br />a. Failed to annually test the spill containment structure, in violation of Health and <br />Safety Code section 25284.2; <br />b. Failed to maintain evidence of financial responsibility, in violation of Health and <br />Safety Code section 25292.2(x); <br />c. Failed to implement a monitoring program approved by the local agency and <br />specified in the underground storage tank operating permit, in violation of California Code of <br />Regulations, title 23 section 2632(b); <br />d. Failed to perform periodic testing of secondary containment system, in violation of <br />California Code of Regulations, title 23 section 2637(a); <br />e. Failed to perform annual monitoring certification and leak detector testing, in <br />2 <br />PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />