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t <br /> 1 DOLLARS($1,966,000.00),fund the supplemental environmental projects provided for in this Final <br /> 2 Judgment,in the amount of THREE HUNDRED TWENTY-FIVE THOUSAND DOLLARS <br /> 3 ($325,000.00),and pay costs in the amount of TWO HUNDRED SIXTY-FOUR THOUSAND, <br /> 4 SEVEN HUNDRED DOLLARS($264,700.00). Said payments may be made as set forth in <br /> 5 paragraphs 5.1,5.2, 5.3,and 5.4 below. On entry of this Final Judgment,Defendant shall deliver all <br /> 6 required payments to the District Attorney's Office for the County of San Joaquin,Attention: David <br /> 7 J. Irey,Supervising Deputy District Attorney,for distribution pursuant to the terms of this Final <br /> 8 Judgment. <br /> 9 5.1 Civil Penalties <br /> 10 5.1.a. Defendant shall pay ONE MILLION NINE HUNDRED SIXTY-SIX THOUSAND <br /> 11 DOLLARS($1,966,000.00)as civil penalties pursuant to Health and Safety Code sections 25189 and <br /> 12 25514,and Business and Professions Code section 17206,to the prosecuting agencies/regulatory <br /> 13 agencies identified in,and-in accordance with the terms of,Exhibits B-1 and B-2,attached. <br /> 14 5.1.b. Additionally,Defendant shall pay ONE MILLION,SIXTY-ONE THOUSAND, <br /> 15 FOUR HUNDRED DOLLARS($1,061,400.00)as civil penalties to the prosecuting agencies <br /> 16 pursuant to section 17206 of the Business and Professions Code. However,payment of the entire <br /> 17 ONE MILLION,SIXTY-ONE THOUSAND,FOUR HUNDRED DOLLARS($1,061,400.00)of <br /> 18 civil penalties set forth in this paragraph 5.Lb.,shall be stayed("Stayed Penalty")for a period of five <br /> 19 (5)years from the date of entry of this Final Judgment. The Stayed Penalty shall become due and <br /> 20 payable in the event Defendant materially violates Health and Safety Code Section 25189, <br /> 21 subdivision(c)(the"Stayed Penalty Provision"): If Defendant fails to comply as set forth above <br /> 22 during the five(5)year period,then Defendant shall,subject to the provisions of section 5.1 herein, <br /> 23 pay the Stayed Penalty amount to the prosecuting agencies as follows: <br /> 24 (i) Upon the first instance of any violation of the Stayed Penalty Provision at or by a <br /> 25 Facility,Defendant shall pay between ONE THOUSAND DOLLARS($1,000.00)and FIVE <br /> 26 THOUSAND DOLLARS($5,000.00)depending on the facts and circumstances of each such <br /> 27 violation; <br /> 28 <br /> 8 <br /> sf-3138122 Stipulation for Entry of Final Judgment and Permanent Injunction <br />