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VIII. EFFECTIVE DATE <br /> 8. This Order is final and effective five days from the date of mailing, which is <br /> the date of the cover letter transmitting the Order to Respondents. <br /> IX. PENALTIES FOR NONCOMPLIANCE <br /> 9. Each Respondent may be liable for penalties of up to $25,000 for each day <br /> out of compliance with any term or condition set forth in this Order and for punitive <br /> damages up to three times the amount of any costs incurred by DTSC as a result of <br /> Respondent's failure to comply, pursuant to Health and Safety Code sections 25359, <br /> 25359.2, 25359.4, and 25367(c). Health and Safety Code section 25359.4.5 provides <br /> that a responsible party who complies with this Order, or with another order or <br /> agreement concerning the same response actions required by this Order, may seek <br /> treble damages from Respondent should Respondent fail or refuse to comply with this <br /> Order without sufficient cause. <br /> Date: <br /> James �/. Tjosvold, Chief <br /> Northern California-Central Cleanup Operations Branch <br /> Department of Toxic Substances Control <br /> Page 25 of 25 <br />