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I i. Accumulating universal waste for longer than one (1)year from the date the <br /> 2 universal waste was generated, or received from another universal waste handler, in violation of <br /> 3 California Code of Regulations,title 22 section 66273.35(a); <br /> j. Failing to demonstrate the length time that the universal waste has been <br /> accumulated fiom the date it became a waste or was received,in violation of California Code of <br /> 6 Regulations,title 22 section 66273.35(b);and <br /> 7 k. Failing to retain each record of each shipment of universal waste sent from the <br /> 8 universal waste handler's facility to another facility for at least three(3)years from the date of <br /> 9 departure of the corresponding shipment of universal waste,in violation of California Code of <br /> 10 Regulations,title 22 section 66273.39(d)(2). <br /> 11 4. Defendant with actual or constructive knowledge of this Injunction,only in so faras they <br /> 12 are doing business in the State of California,in the course of Defendant's AGRICULTURAL FAIR <br /> 13 activities, are pursuant to California Business and Professions Code, section 17204 hereby <br /> 14 permanently enjoined from: <br /> 15 a. Violating Health and Safety Code section 25100 et seq.,described in paragraph <br /> 16 3 —3k above. <br /> 17 5. Defendant shall be penalized,as and for civil penalties,pursuant to Business and <br /> 18 Professions Code sections 17200 et seq.,TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). <br /> 19 However, it is stipulated by all parties that the entire TWENTY-FIVE THOUSAND DOLLARS <br /> 20 ($25,000.00),in civil penalties shall be stayed for a period of FIVE (5)years on the following <br /> 2r- <br /> 22 <br /> 22 a. Defendant will not violate Health and Safety Code sections 25100 et seq., as <br /> 23 described in paragraph 3 above; <br /> 24 b. Defendant will not violate or engage in any of the unlawful acts of unfair <br /> 25 competition as set forth in the Fust and Second Causes of Action of the Complaint filed in this <br /> 26 action, as well as any other violations of the Business and Professions Code sections 17200 et seq., <br /> 27 nlcludmg but not limited to Health and Safety Code sections 25100 et seq.; <br /> 28 c. Defendant and/or Defendant's personnel shall attend free classes presented by NES <br /> -3— <br /> PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />