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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 I <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 />9. 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 />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 />10. Plaintiff is informed and believes and based on such information and belief alleges that <br />beginning at an exact date that is unknown to Plaintiff, but within five (5) years prior to the filing of <br />this Complaint (CCP §338.1), Defendants engaged in acts in violation of Health and Safety Code <br />§25100 et seq., including by not limited to the following: <br />a. 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; <br />b. 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 />c. Failed to retain copies of consolidated hazardous waste manifests for at least three <br />(3) years from the date the waste was accepted by the initial transporter, in violation of Health and <br />Safety Code Section 25160.2; <br />d. Failed to designate an emergency coordinator for the facility in violation of <br />California Code of Regulations, title 22 section 66265.55. <br />e. Failed to maintain modified emergency coordinator information, in violation of <br />California Code of Regulations, title 22 section 66262.34(d)(2); <br />f. Failed to properly manage universal waste in violation of California Code of <br />Regulations, title 22 section 66273.13; <br />g. Failed to properly label universal waste in violation of California Code of <br />Regulations, title 22 section 66273.14; <br />h. Stored universal waste onsite for more than one year in violation of California <br />3 <br />VERIFIED COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER RELIEF <br />