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2 <br />Rl <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />THIRD CAUSE OF ACTION <br />(Strict Liability for Disposal of Hazardous Waste at a Point Not Authorized; <br />Against all Defendants) <br />(Health & Safety Code, §'25189.2, subd. (c)) <br />39. Plaintiff realleges paragraphs 1 through 25, 26c., and 27 through 28, inclusive. <br />40. Health and Safety Code sections 25189.2, subdivision (c), prohibits the disposal of <br />hazardous waste at an unauthorized point. <br />41. Defendants, and each of them, have disposed or -caused the disposal of hazardous <br />waste from the Covered Facilities at unauthorized points, in violation of California Health and <br />Safety Code section 25189.2, subdivision (c), and unless enjoined by order of the Court, <br />Defendants, and each of them, may or will continue in the course of conduct as alleged herein. <br />42. Each disposal of hazardous waste at an unauthorized point discovered within five <br />years of commencing this action, exclusive of any applicable tolling periods and those set forth in <br />paragraph 13 herein, subjects Defendants, and each of them, to a separate and additional civil <br />penalty under Health and Safety Code section 25189.2, subdivision (c). <br />43. Based on the above, Plaintiff requests injunctive relief against Defendants, and each <br />of them, under Health and Safety Code section 25181, and civil penalties against Defendants, and <br />each of them, under Health and Safety Code section 25189.2, subdivision (c), as set forth in <br />Plaintiff's prayer for relief. <br />FOURTH CAUSE OF ACTION <br />(Intentional Unauthorized Transportation of Hazardous Waste; <br />Against all Defendants) <br />(Health & Safety Code, §§ 25163 and 25189, subd. (b); <br />Cal. Code Regs., Tit. 22, § 66263.23) <br />44. Plaintiff realleges paragraphs 1 through 25, 26a., 26b., and 27 through 28, inclusive. <br />45. Chapter 6.5 of the Health and Safety Code prohibits the unauthorized transportation <br />of hazardous waste. Section 25163 prohibits the transportation of hazardous waste without a <br />valid registration from DTSC. Title 22 of the California Code of Regulations section 66263,23, <br />15 <br />First Amended Complaint for Preliminary and Permanent Injunction, Civil Penalties and Other Equitable Relief <br />Case No. RG09457686 <br />