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1 usable for its intended purpose, is a"hazardous waste" as required by California Code of 2 Regulations, Title 22, section 66262.11. 3 4.1.d. Defendant shall manage every hazardous waste so identified pursuant to paragraphs 4 4.1.a., 4.l.b. and 4.1.e in accordance with the requirements of Chapter 6.5 of the Health and 5 Safety Code and its implementing regulations in the California Code of Regulations, Title 22. 6 4.Le. Defendant shall not transport,transfer custody of, or cause to be transported, any 7 hazardous waste unless the transporter is properly licensed and registered to do so, as required by 8 Health& Safety Code section 25163. This prohibition includes, without limitation, the 9 transportation of any hazardous waste by a person that is not properly licensed and registered to 10 transport hazardous waste on a tractor and/or trailer owned or operated by Defendant. 11 4.1.f. Defendant shall not transport, or cause to be transported, any hazardous waste to an 12 unauthorized location, in violation of Health& Safety Code section 25189.5. 13 4.1.g. Defendant shall not transport, or cause to be transported, any item that would be 14 considered hazardous in California pursuant to Chapter 11 of Title 22, Division 4.5 of the 15 California Code of Regulations, as part of its "reverse logistics"process to centralize the 16 management of returned items at distribution centers owned by Defendant, unless pursuant to a 17 contractual agreement expressly providing for the return of the item to the manufacturer or the 18 manufacturer's designated agent, and unless the item is in sufficiently good condition that it may 19 be donated, resold, reused, or recycled in a manner that does not constitute discard,pursuant to 20 California Code of Regulations, Title 22, section 66261.2. 21 4.1.h. Defendant shall lawfully and timely dispose of all accumulated hazardous waste from 22 each California Facility at least one time during every ninety (90) day period(unless a longer 23 interval is allowed for by California Code of Regulations Section 66262.34 or other law); and 24 shall timely cause to be prepared and filed with the DTSC a hazardous waste manifest for all 25 hazardous waste that is transported, or submitted for transportation, for offsite handling, 26 treatment, storage, disposal, or any combination thereof, as provided by Health& Safety Code 27 section 25160(b)(3) and California Code of Regulations, Title 22, section 66262.23; and shall 28 5 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION