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1 <br /> i <br /> 1 herein shall prevent the People from pursuing appropriate enforcement of this Final Judgment or <br /> 2 applicable law regarding the reverse distribution of: <br /> 3 1. ' as to nondispensable pharmaceuticals for acts or omissions occurring on or <br /> 4 after ninety(90)days following receipt by Defendant of written notice as provided by <br /> 5 Paragraph 8 of the People's intent to do so,or; <br /> 6 2. as to nondispensable over-the-counter drugs for acts or omissions occurring on <br /> 7 or after one hundred eighty(180)days following receipt by Defendant of written notice as <br /> 8 provided by Paragraph 8 of the People's intent to do so,so as to allow the Parties an <br /> - <br /> 9 opportunity to attempt to resolve any such dispute by means of good faith informal <br /> 10 negotiations. <br /> 11 4.3 Compliance Program <br /> 12 Prior to the date of filing of this Final Judgment,Defendant provided to the People its <br /> 13 program for proper handling,storage and transportation and disposal of hazardous materials and <br /> 14 wastes. Defendant shall maintain such program,or an equivalent program,as long as the injunction <br /> 15 is in effect. As used in this paragraph,"equivalent program"'shall mean a program that is designed to <br /> 16 achieve compliance with Chapters 6.5 and 6.95 of Division 20 of the Health and Safety Code and the <br /> 17 regulations promulgated under these chapters in all material respects.. <br /> 18 4.4 Additional Environmental Program <br /> 19 Within one hundred and twenty(120)days following entry of this Final Judgment,Defendant <br /> 20 shall establish a director position,one of whose primary responsibilities shall be to ensure compliance <br /> 21 with California's hazardous waste laws and regulations. It is recognized that this director may also <br /> 22 have other responsibilities including,without limitation,health and safety matters not related to <br /> 23 hazardous waste. Defendant shall maintain this position for a period of no less than three years <br /> 24 following its establishment. <br /> 25 5. CIVIL PENALTIES,SUPPLEMENTAL ENVIRONMENTAL PROJECTS <br /> 26 COSTS,AND HAZARDOUS WASTE A'lIN MZATION <br /> 27 Defendant shall,within twenty-one(21)business days after entry of this Final Judgment,pay <br /> 28 civil penalties in the amount of ONE MILLION IMINE HUNDRED SIXTY-SIX THOUSAND <br /> 7 <br /> sf-3138122 - <br /> Stipulation for Entry of Final Judgment and Permanent Injunction <br /> � <br />