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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. If Defendants comply with the Injunctive Provisions in the Stipulation and Judgment for the entire 5 years from the date this Court enters the Judgment, the suspension of civil penalties shall become permanent. However, if a motion to assess and collect the suspended civil penalties is timely filed by the State Water Board within 1 year after the expiration of 5 years from the date this Court enters the Judgment, the suspension of penalties shall not become final until a final order has been issued by this Court and the Defendants have paid the suspended civil penalties awarded by this Court. 20. If any Defendant fails to comply with any of the Injunctive Provisions in the Stipulation and Judgment, the State Water Board may initiate a new enforcement action and seek any appropriate relief as authorized by law, including, but not limited to, injunctive relief and civil penalties. The suspended civil penalties pursuant to the Stipulation and Judgment are in addition to, and do not bar, any other remedies or sanctions that may be available for violations of the Health and Safety Code, division 20, chapter 6.7, and California Code of Regulations, title 23, section 2610 et seq., or any other law or regulation. WAIVER OF RIGHT TO SET ASIDE JUDGMENT AND APPEAL 21. The Parties hereby waive any rights to set aside the Stipulation and Judgment through any collateral attack, and further waive any rights to appeal the Judgment, except the State Water Board may rescind the Stipulation in the event the Defendants do not timely pay the civil penalties as described under paragraph 15 of the Stipulation and Judgment. TERMINATION OF INJUNCTION 22. At any time after the expiration of 5 years from the date this Court enters the Judgment and the Defendants have paid all amounts due under the Judgment, the Defendants may file and serve a noticed motion in accordance with Code of Civil Procedure section 1005 requesting a Court order that the Injunctive Provisions shall have no force or effect. Code of Civil Procedure section 1005 shall govern the State Water Board's filing and service of a non - opposition or an opposition, and the Defendants' filing and service of a reply. The Parties may submit evidence to this Court on declarations. The Defendants shall have the burden of proof based on the preponderance of evidence to show the Defendants have complied with the 14 Final Consent Judgment (Case No. 34-2014-00164107)