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I doing business in the State.of California and confined to Defendant's TRUCKING activities in the <br /> 2 County of San Joaquin and elsewhere in the State of California. <br /> 3 3. Defendant,with actual or constructive knowledge of this Injunction,only in so far as they <br /> 4 are doing business in the State of California,in the course of Defendant's TRUCKING activities, are <br /> 5 pursuant to Health and Safety Code section 25516 hereby permanently enjoined fiom: <br /> 6 a. Failing upon discovery,to immediately report any release or threatened release of a <br /> 7 hazardous material to the administering agency, in violation of Health and Safety Code section <br /> 8 25507(a). <br /> 9 4. Defendant with actual or constructive knowledge of this Injunction, only in so far as they <br /> 10 are doing business in the State of California,in the course of Defendant's TRUCKING activities, are <br /> I1 pursuant to California Business and Professions Code, section 17204 hereby permanently enjoined <br /> 12 fiom: <br /> 13 a. Violating Health and Safety Code 25500 et seq., as described in paragraph 3 —3a <br /> 14 above. <br /> 15 5. Defendant shall be penalized, as and for civil penalties,pursuant to Business and <br /> 16 Professions Code sections 17200 et seq. However, it is stipulated by all parties that the entire <br /> 17 THIRTY THOUSAND DOLLARS ($30,000.00), in civil penalties shall be stayed for a period of <br /> 18 THREE(3)years on the following conditions: <br /> 19 a. Defendant will not violate Health and Safety Code sections 25500 et seq., as <br /> 20 described in paragraph 3 —3a above; <br /> 21 b. Defendant will not violate or engage in any of the unlawful acts of unfair <br /> 22 competition as set forth in the First and Second Causes of Action of the complaint filed in this action, <br /> 23 as well as any other violations of the Business and Professions Code section 17200 et seq.,including <br /> 24 but not 1united to Health and Safety Code sections 25500 et seq. <br /> 25 6. The THIRTY THOUSAND DOLLARS ($30,000.00)in civil penalties, described in <br /> 26 paragraph 5 above, shall immediately be due and payable as set forth in paragraph 5 above,if the San <br /> 27 Joaquin County Office of the District Attorney files declarations that Defendant violated Health and <br /> 28 Safety Code sections 25500 et seq. or Business and Professions Code sections 17200 et seq., as <br /> -2- <br /> PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />