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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <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 />28 <br />35. Health and Safety Code sections 25189 and 25189.2 prohibit the disposal, or causing <br />of the disposal, of hazardous waste at a point not authorized under Chapter 6.5. Section 25189, <br />subdivisions (c) and (d), respectively, prohibit the intentional and negligent disposal of hazardous <br />waste at an unauthorized point, and section 25189.2, subdivision (c), prohibits the disposal of <br />hazardous waste at an unauthorized point as a matter of strict liability. <br />36. Defendant violated Chapter 6.5 by, among other things, disposing and causing the <br />disposal of hazardous waste at and from the Facilities to unauthorized points, in violation of Health <br />and Safety Code sections 25189 and 25189.2; and unless enjoined by order of the Court, Defendant <br />may or will continue coirAnitting these acts. <br />37. Each disposal of hazardous waste at an unauthorized point discovered within five (5) <br />years of commencing this action, exclusive of any applicable tolling periods and those set forth in <br />paragraph 15 above, and each day the waste was allowed to remain at such point without the <br />immediate filing of a report.of the deposit with the DTSC, subjects Defendant to a separate and <br />additional civil penalty under Health and Safety Code section 25189, or alternatively, under section <br />25189.2. <br />38. Based on the above, the People request injunctive relief against Defendant under <br />Health and Safety Code section 25181, and civil penalties under Health and Safety Code sections <br />25189 or 25189.2, as described in the People's prayer for relief. <br />SECOND CAUSE OF ACTION <br />(Unauthorized Transportation of Hazardous Waste) <br />(Health & Saf. Code, §§ 25163, 25189, 25189.2; Cal. Code Regs., tit. 22, § 66263.23) <br />39. The People reallege all previous paragraphs. <br />40. Health and Safety Code section 25163 prohibits the transportation of hazardous waste <br />without a valid registration from the DTSC, California Code of Regulations, title 22, section <br />66263.23, subdivision (b), prohibits the transportation of hazardous waste to a location not permitted <br />or otherwise authorized by the DTSC to receive the waste. <br />41. Defendant engaged iii the transportation of hazardous waste from the Facilities to <br />unauthorized locations without a valid registration from the DTSC, in violation of Health and Safety <br />code section 25163 and California Code of Regulations, title 22, section 66263.23; and unless <br />-14— <br />COMPLAINT FOR INJUNCTIVE RELIEF, CIVIL PENALTIES, AND OTHER RELIEF <br />