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1 10. All Defendants at all times acted as agents of one another. With regard to the conduct <br /> 2 and omissions alleged in this Complaint,each of the Defendants ratified the actions of the other <br /> 3 Defendants. <br /> 4 FIRST CAUSE OF ACTION <br /> 5 VIOLATION OF HEALTH AND SAFETY CODE SECTION 25280 ET SEQ. <br /> 6 (UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES) <br /> 7 11. Plaintiff is informed and believes and based on such information and belief,alleges that <br /> 8 beginning at an exact date that is unknown to Plaintiff, but within five(5)years prior to the filing of <br /> 9 this Complaint(CCP §338.1), Defendants engaged in acts in violation of Health and Safety Code, <br /> 10 section 25280 et seq., including but not limited to the following: <br /> I I a. Failed to maintain evidence of financial responsibility,in violation of Health and <br /> 12 Safety Code section 25292.2(a); <br /> 13 b. Failed to inform the local agency of any changes to the UnderLqound Storage Tank <br /> 14 Operating Permit Application within thirty(30)days,in violation of California Code of Regulations, <br /> 15 title 23 section 2711(b); <br /> 16 c. Failed to implement a monitoring program approved by the local agency and <br /> 17 specified in the underground storage tank operating permit,in violation of California Code of <br /> 18 Regulations,title 23 section 2632(b), <br /> 19 d. Failed to conduct monitoring on all underground pressurized piping with <br /> 20 secondary containment annually, in violation of California Code of Regulations,title 23 section <br /> 21 2636(f)(4); <br /> 22 e. Failed to retain a copy of the permit and all conditions and attachments,including <br /> 23 monitoring plans at the facility, in violation of California Code of Regulations,title 23 section <br /> 24 2712(i); <br /> 25 f. Failed to record or report any unauthorized release from the underground storage <br /> 26 tank,and any spill or overfill, in violation of California Code of Regulations,title 23 section 2650(b); <br /> 27 g. Failed to record results of each inspection by the designated underground storage <br /> 28 tank operator in a monthly inspection report,in violation of California Code of Regulations,title 23 <br /> -3- <br /> VERIFIED COMPLAINT FOR INJUNCTION,CIVIL PENALTIES,AND OTHER RELIEF <br />