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1 Sacramento CA 95814. The Court may assess and award suspended civil penalties to the State <br />2 Water Board pursuant to the Stipulation and Judgment until the entire suspended civil penalties <br />3 amount as provided up to $3,250,000 is met. The Court may also enjoin any violation of the <br />4 Stipulation and Judgment and award any other relief available under the law. Further, if <br />5 defendant Sarbjit Kang fails to comply with any of the Injunctive Provisions in the Stipulation <br />6 and Judgment, then the State Water Board may issue a Notice of Intent to Seek Assessment of <br />7 Suspended Penalties and/or a. Permanent Injunction as set forth in paragraphs 13 and 16. <br />8 Defendant Sarbjit Kang will have 30 calendar days to correct the violations identified in the <br />9 Notice of Intent to Seek Assessment of Suspended Penalties and/or a Permanent Injunction. If <br />10 the State Water Board determines that the violations have been corrected within 30 calendar days <br />11 from the date of the Notice of Intent to Seek Assessment of Suspended. Penalties and/or a <br />12 Permanent Injunction, then defendant Sarbjit Kang shall not be liable for the suspended penalties <br />13 and shall not be permanently enjoined. If the State Water Board determines that the violations <br />14 have not been corrected within 30 calendar days from the date of the Notice of Intent to Seek <br />15 Assessment of Civil Penalties and/or a Permanent Injunction, then the State Water Board may <br />16 move this Court by noticed motion in accordance with Code of Civil Procedure section 1005, and <br />17 subject to the same procedure above, to assess and collect suspended civil penalties against <br />18 defendant Sarbjit Kang, permanently enjoin defendant Sarbjit Kang from owning or operating any <br />19 facility in the State of California, enjoin defendant Sarbjit Kang from failing or refusing to <br />20 comply with any provisions in the Stipulation and Judgment, and to award any other appropriate <br />21 relief. <br />22 18. The State Water Board shall have 1 year after the expiration of 5 years from the date <br />23 this Court enters the Judgment to file a noticed motion for suspended civil penalties, to enjoin the <br />24 Defendants from failing or refusing to comply with. any provisions in the Stipulation and <br />25 Judgment, and to award any other appropriate relief regarding the Covered Matters. The State <br />26 Water Board shall have the burden of proof based on the preponderance of evidence that the <br />27 alleged violations occurred before the expiration of 5 years from the date this Court enters the <br />28 Judgment. <br />13 <br />Final Consent Judgment (Case No. 34-2014-00164107) <br />