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I with all other waste generated in the store that day. This treatment activity is conducted <br /> 2 pursuant to the conditional exemption for specified waste streams ("CESW") provisions <br /> 3 found in Section 25201.5(c) of the California Health and Safety Code. <br /> 4 WHEREAS, Plaintiff investigated Defendant's compliance with Chapter 6.5 of the <br /> 5 California Health and Safety Code associated with Defendant's treatment and disposal of <br /> 6 the polycarbonate coating waste. <br /> 7 WHEREAS, based upon Plaintiff's investigation, Plaintiff believes that Defendant's <br /> 8 previous practices involving the treatment and disposal of the coating waste generated in <br /> 9 the Defendant's retail stores failed to fully comply with the requirements of Chapter 6.5, <br /> 10 Division 20 of the California Health and Safety Code. <br /> 11 WHEREAS, Defendant undertook several actions with respect to its management <br /> 12 and disposal of the coating waste, as described herein, which Plaintiff acknowledges <br /> 13 corrected the alleged noncompliance with the Health and Safety Code, <br /> 14 WHEREAS, Plaintiff asserts that Defendant's failure to comply with the applicable <br /> 15 requirements of Chapter 6.5, Division 20 of the California Health and Safety Code <br /> 16 constitutes unfair and/or unlawful business practices, within the meaning of "unfair <br /> 17 competition" under Section 17200 of the California Business and Professions Code. By <br /> 18 virtue of Defendant's alleged Health and Safety Code violations, Plaintiff asserts that <br /> 19 Defendant has engaged in unfair competition prohibited by California Business and <br /> 20 Professions Code §17200 - §17208. <br /> 21 WHEREAS, Plaintiff agrees that Defendant cooperated with the District Attorneys' <br /> 22 investigation by, among other things, meeting with the District Attorneys, responding to <br /> 23 most requests for information regarding Defendant's business practices, and taking <br /> 24 proactive steps to improve its management and disposal of the polycarbonate coating <br /> 25 waste. <br /> 26 WHEREAS, Plaintiff has engaged in settlement negotiations with the Defendant <br /> 27 prior to the initiation of litigation over the alleged Health and Safety Code and Business <br /> 28 and Professions Code violations described herein. Plaintiff and Defendant (hereinafter <br /> -3- <br /> 324/017851-0005 CONSENT AGREEMENT AND STIPULATION FOR <br /> 645783.01 a09/27/05 ENTRY OF FINAL JUDGMENT <br />