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I that Defendant are alleged to have violated and give Defendant three (3)business days to investigate 2 the allegations. If Defendant verifies that the allegations are correct and that a violation or violations 3 exist for which Defendant are substantially responsible,then Defendant shall immediately pay the 4 entire stayed penalty as set forth herein. If Defendant disputes the allegations or that a violation or 5 violation exist for which Defendant are substantially responsible,then Defendant shall submit written 6 documentation and/or testimony and/or other evidence demonstrating that the allegations are 7 unfounded. Based upon the evidence presented and after meeting and conferring with Defendant's 8 attorney,if the District Attorney's Office still maintains that the allegations against Defendant are 9 substantiated and that the violations for which Defendant is substantially responsible exist,the 10 District Attorney's Office shall submit its position, argument and evidence to the Court on a noticed 11 motion proceeding after providing notice of the hearing to Defendants' attorney. If the Court 12 determines that Defendant is substantially responsible for committing a violation or violations of any 13 provisions of Business and Professions Code section 17200 et seq., as described in paragraphs 3, 4 or 14 5, above,the Court shall order that the stayed penalty will be immediately imposed as set forth 15 herein. 16 11. If all the conditions listed in paragraph 8 above are met,then five(5)years from the 17 filing date of this document,the stayed penalty shall be suspended permanently. 18 12. Defendant shall pay to Plaintiff the sum of SEVEN THOUSAND SEVEN HUNDRED 19 THIRTY SEVEN DOLLARS ($7,737.00) as partial recovery of the cost of investigation and suit 20 incurred by the SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT. Said 21 payment shall be due andap yable to the aforementioned agency, and shall be delivered to the San 22 Joaquin County Office of the District Attorney,Environmental Prosecutions Unit, on or before 23 August 1,2012. 24 13. Defendant shall Pay to Plaintiff the sum of TWENTY FOUR HUNDRED DOLLARS 25 ($2,400.00), as partial recovery of the cost of investigation and suit incurred by the San Joaquin 26 County Office of the District Attorney. Said payment shall be due and payable to the 27 aforementioned agency, and shall be delivered to the San Joaquin County Office of the District 28 Attorney,Enviromnental Prosecutions Unit,on or before August 1, 2012. -6— PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION