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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />part: <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 />J 28 <br />liable for a civil penalty not to exceed twenty-five <br />thousand dollars ($25,000) for each violation of a <br />separate provision or, for continuing violations, <br />for each day that violation continues. <br />18. Ti" e 22 Cal. Admin. Code §66078 provides: <br />"Gener _" means any person, by site, whose act or <br />process produces hazardous waste identified or <br />listed in Article 9 or 11 of this chapter or whose <br />act first causes a hazardous waste to become subject <br />to regulation." <br />19. Title al. Admin. Code §66508 provides in relevant <br />"(b) A generator who accumulates hazardous waste <br />for more than 90 days is an operator of a storage <br />facility and is subject to the requirements of <br />Articles 17 through 32 and the permit requirments of <br />Article 6..." <br />20. Defendants, beginning at a date unknown to <br />Plaintiff, but within three years from the date of filing of this <br />complaint, and continuing through this date have operated ST <br />SERVICES in violation of the laws of the State of California as <br />set forth more fully herein. <br />21. Regulations issued pursuant to the Hazardous Waste <br />Control Act are set forth at Title 22 Cal. Admin. Code §§66001 - <br />67651. Wastes and hazardous materials referred to herein <br />possessed, stored, disposed of, and handled by the defendants, <br />including but not limited to oil and water, are on the List of <br />Chemical Names and Common Names (Title 22 Cal. Admin. Code <br />§66680) contained in said regulations, and meet the Dep.- <br />definition <br />ep.definition of "hazardous waste" as defined in said regulations. <br />The oil and water that spills and collects in the bermed area at <br />the southeast section of defendant's site in proximity to tanks <br />25, 26, and 27 is hazardous waste. <br />31 <br />