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SECOND CAUSE OF ACTION 2 VIOLATION OF HEALTH AND SAFETY CODE SECTION 25280 ET SEQ. (UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES) 3 4 13. Paragraphs 1 through 12, above are incorporated herein by reference. Plaintiff is 5 informed and believes and based on such information and belief alleges that beginning at an exact 6 date that is unknown to Plaintiff, but within five (5) years prior to the filing of this Complaint (CCP 7 §338.1), Defendants engaged in acts in violation of Health and Safety Code, section 25280 et seq., 8 including. but not limited to the following. 9 a. Failed to annually test the spill containment structure, in violation of Health And 10 Safety Code section 25284.2; 11 b. Failed to obtain a permit to alter an underground storage tank, in violation of 12 Health and Safety Code section 25286(a); 13 c. Failed to prevent structural weakening of secondary containment, in violation of 14 Health and Safety Code section 25291(a)(2); 15 d. Failed to design and construct an underground storage tank system with a 16 monitoring system capable of detecting the entry of the hazardous substance stored in the primary 17 containment into the secondary containment, in violation of Health and Safety Code section 18 25291(b); 19 e. Failed to maintain monitoring system for water intrusion and for removing the 20 water, in violation of Health and Safety Code section 25291(e); 21 f Failed to annually perform automatic line leak detector tightness test, in violation 22 of Health and Safety Code 'section 25291(f); 23 g. Failed to install and maintain monitoring equipment capable of detecting a leak at 24 the earliest possible opportunity, in violation of California Code of Regulations, title 23 section 25 2630(4); 26 h. Failed to implement a monitoring program approved by the local agency and 27 specified in the underground storage tank operating permit, in violation of California Code of 28 Regulations, title 23 section 2632(b);