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1 complaint at a later date when the true identities of DOES ONE through FIFTY are discovered. <br />2 9. Whenever in this Complaint reference is made to any act of Defendants, such allegation <br />3 shall be deemed to mean that Defendants and their officers, agents, employees, or representatives, did <br />4 or authorized acts while actively engaged in the management, direction, or control of the affairs of <br />5 said Defendants, and while acting within the course and scope of their duties. <br />6 FIRST CAUSE OF ACTION <br />7 VIOLATION OF HEALTH AND SAFETY CODE SECTION 25100 ET SEQ. <br />(HAZARDOUS WASTE CONTROL ACT) <br />8 <br />10. Paragraphs 1 through 9, above are incorporated herein by reference. Plaintiff is informed <br />9 <br />and believes and based on such information and belief alleges that beginning at an exact date that is <br />10 <br />unknown to Plaintiff, but within five (5) years prior to the filing of this Complaint (CCP §338.1), <br />11 <br />Defendants engaged in acts in violation of Health and Safety Code §25100 et seq , including by not <br />12 <br />limited to the following: <br />13 <br />a. Failed to maintain and operate facility to minimize the possibility of a fire, <br />14 <br />explosion, or any unplanned sudden or non -sudden release of hazardous waste, in violation of <br />15 <br />California Code of Regulations, title 22 section 66265.31; <br />16 <br />b. Failed to label or mark containers used for onsite accumulation of hazardous waste, <br />17 <br />in violation of California Code of Regulations, title 22 section 66262.34(f); <br />18 <br />c. Failed to retain copies of signed manifest for at least three (3) years from the date <br />19 <br />the waste was accepted by the initial transporter, in violation of California Code of Regulations, title <br />20 <br />22 section 66262.40(a); <br />21 <br />d. Failed to retain a copies of consolidated manifest for at least three (3) years, in <br />22 <br />violation of Health and Safety Code section 25160.2(b)(3); <br />23 <br />e. Failed to use a bill of lading to record the transfer of used oil filters, in violation of <br />24 <br />California Code of Regulations, title 22 section 66266.130(c)(5); <br />25 <br />f. Failed to train facility personnel in hazardous waste management procedures <br />26 <br />relevant to the positions in which they are employed, in violation of California Code of Regulations, <br />27 <br />title 22 section 66265.16; <br />28 <br />3 <br />VERIFIED COMPLAINT <br />