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0 <br />7 <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 />51. Defendants, and each of them, have negligently engaged in the transportation of <br />hazardous waste without a valid registration from DTSC, from the Covered Facilities to <br />unauthorized locations, in violation of Health and Safety Code section 25163 and Title 22 of the <br />California -Code of Regulations 'section 66263.23, and unlessenjoined by order ofthe Court, <br />Defendants, and each of them, may or will continue in the course of conduct as alleged herein. <br />52. Each act of unauthorized transportation discovered within five years of commencing <br />this action, exclusive of any applicable tolling periods and those set forth in paragraph 13 herein, <br />subjects Defendants, and each of them, to a separate and additional civil penalty under Health and <br />Safety Code section 25189, subdivision (b), for each negligent violation of Health and Safety <br />Code section 25163 and Title 22 of the California Code of Regulations section 66263.23. <br />53. 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, subdivision (b), for each negligent <br />violation of Health and Safety Code section 25163 and Title 22 of the California Code of <br />Regulations section 66263.23, as set forth in Plaintiffs prayer for relief. <br />SIXTH CAUSE OF ACTION <br />(Strict Liability for Unauthorized Transportation of Hazardous Waste; <br />Against all Defendants) <br />(Health & Safety Code, §§ 25163 and 25189.2, subd. (b); <br />Cal. Code Regs., Tit. 22, § 66263.23) <br />54. Plaintiff realleges paragraphs i through 25, 26a., 26b., and 27 through 28, inclusive. <br />55. 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 />subdivision (b), prohibits the transportation of hazardous waste to a location not permitted or <br />otherwise authorized by DTSC to receive the waste. <br />56. Defendants, and each of them, have engaged in the transportation of hazardous waste <br />without a valid registration from DTSC from the Covered Facilities to unauthorized locations, in <br />17 <br />and Permanent Injunction, Civil Penalties. and Other <br />Case No. RG09457686 <br />