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CONTRACT 3594 Other3 5 9 4 . ," DECLARATION FOR RECEIPT OF CIVIL PENALTIES PAID PURSUANT TO COURT ORDER, PEOPLE v. PACIFIC BELL TELEPHONE COMPANY DBA AT &T CALIFORNIA I, Jeff Stewart, declare as follows: 1. I am the City Manager for the City of El Segundo. I am authorized to make this declaration on behalf of the agency. Through city staff, I have personal knowledge of the facts stated in this declaration. If the City is called to testify regarding those facts, I will allow the City's Environmental Safety Manager, Steve Tsumura, to do so. 2. The City of El Segundo has a special account as required by California Health and Safety Code section 25299(h)(2) in which it can deposit any penalties or fines pursuant to California Health and Safety Code section 25299(h)(1). Furthermore, any fines or penalties deposited into that special account can be expended only to fund the activities of the City of El Segundo Fire Department in enforcing Chapter 6.7, Division 20, California Health and Safety Code with the ju, isdiction of the agency pursuant to the uniform program specified in Chapter 6.11, Division 20, California Health and Safety Code. 3. Any civil penalties paid to the City of El Segundo pursuant to the order of the Superior Court in the matter of People v. Pacific Bell Telephone Company dba AT &T California will be deposited into the special account referenced in Paragraph 2, above. 4. The City of El Segundo Fire Department has received a copy of the Consent Judgment entered in People v. Pacific Bell Telephone Company dba AT &T California. 5. I understand that �ivil enaltie s paid to the City of El Segundo are not deposited into the special account s oqt ed, there can be sanctions taken against the City of El Segundo for violation of the orcC `'of the Superior Court. I declare under the laws of the State of California that the foregoing is true and correct. Executed this 3rd day of May, 2006, in El Segundo, California. Jeff Sk9Wdrf, City Manager City of El Segundo 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 JAMES P. WILLETT, District Attorney of the County of San Joaquin DAVID J. IREY, SBN 142864 Supervising Deputy District Attorney Environmental Prosecutions Unit San Joaquin County Courthouse, Room 202 P.O. Box 990 Stockton, California 95201 Telephone: (209) 468 -2400 Facsimile: (209) 468 -0314 Attorneys for the Plaintiff, People of the State of California FEB 1 6 2006 Filed , ROSA JUNQUEIRO, CLERK By CHARLENE GRAY DEPUTY IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN JOAQUIN PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, PACIFIC BELL TELEPHONE COMPANY dba AT &T CALIFORNIA, a California Corporation, Defendant, No. CV028367 CONSENT AGREEMENT AND STIPULATION FOR ENTRY OF FINAL JUDGMENT; ORDER (PROPOSED) WHEREAS, the PEOPLE OF THE STATE OF CALIFORNIA (hereinafter "Plaintiff') investigated PACIFIC BELL TELEPHONE COMPANY dba AT &T CALIFORNIA's (fka SBC CALIFORNIA) ( "Settling Defendant ") compliance with Chapters 6.5, 6.7 and 6.95 of Division 20 of the Health and Safety Code, WHEREAS, the Plaintiff has engaged in settlement negotiations with the Settling Defendant prior to the initiation of litigation. In these negotiations, the Plaintiff was represented by the Attorney General of the State of California, the City Attorney of the City of San Diego, and the District Attorneys in the Counties of Alameda, Los Angeles, Monterey, San Diego, San Joaquin, and Solano. These offices were supported by the investigational efforts of numerous i CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 9 L./ Y., 1 prosecutorial offices and local agencies throughout the State of California. 2 WHEREAS, the Plaintiff and the Settling Defendant (hereinafter collectively referred to 3 as "the Parties ") have agreed to settle the investigation without litigation and by lodging this 4 proposed Consent Agreement and Stipulation for Entry of Final Judgment ( "Consent 5. Judgment ") simultaneously with the Complaint. The Plaintiff believes that the resolution of the 6 violations alleged in the Complaint which is embodied in this Consent Judgment is fair and 7 reasonable and fulfills the Plaintiff's enforcement objectives, that no further action is warranted 8 concerning the specific violations alleged in the Complaint except as provided pursuant to the 9 Consent Judgment, and that this Consent Judgment is in the best interest of the general public. 10 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 11 1. INTRODUCTION. 12 In this action, Plaintiff filed a civil complaint (the "Complaint ") in San Joaquin County 13 Superior Court against Settling Defendant. The Parties settle this action on the terms set forth in 14 this Consent Agreement and Stipulation for Entry of Final Judgment (hereinafter "Consent 15 Judgment ") and request that this Court enter a Final Judgment incorporating the terms of this 16 Consent Judgment. 17 2. COMPLAINT. 18 The Complaint in this action alleges that the Settling Defendant violated certain 19 provisions of Chapter 6.5, 6.7 and 6.95 of Division 20 of the Health and Safety Code, and 20 Section 17200 et seq. of the Business and Professions Code. A true and accurate copy of the 21 Complaint is attached as Exhibit "A" hereto. The facilities which are addressed by this Consent 22 Judgment are referred to in the Complaint as "Covered Facilities." The terms in this Consent 23 Judgment which are defined in Health and Safety Code section 25281 shall have the same 24 meaning as stated therein. 25 3. JURISDICTION. 26 The Plaintiff and Settling Defendant agree that the Superior Court of California, County 27 of San Joaquin, has subject matter jurisdiction over the matters alleged in this action and 28 personal jurisdiction over the Parties to this Consent Judgment. 2 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 4. SETTLEMENT OF DISPUTED CLAIMS. This Consent Judgment is not an admission by Settling Defendant regarding any issue of law or fact in the above - captioned matter or any violation of any law. The Parties enter into this Consent Judgment pursuant to a compromise and settlement of disputed claims, as set forth in the Complaint, for the purpose of furthering the public interest. Settling Defendant waives its right to a hearing on any matter covered by the Complaint prior to the entry of this Consent Judgment. 5. PAYMENTS FOR PENALTIES, COST REIMBURSEMENT ENVIRONMENTAL PROTECTION ENFORCEMENT AND OTHER PROJECTS. 5.1 Amount of Payment: Settling Defendant shall be liable for the payment of TWENTY -FIVE MILLION DOLLARS ($25,000,000) which is allocated as follows: a. Civil Penalties and Credits: SIXTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($16,500,000) AND A CREDIT OF FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000). These penalties and credits shall be allocated as follows: i. Initial Penalty of FOURTEEN MILLION DOLLARS ($14,000,000): Settling Defendant shall pay FOURTEEN MILLION DOLLARS ($14,000,000) in four equal installments pursuant to the following schedule: The first payment shall be made within twenty (20) days of the entry of the Consent Judgment; the second payment shall be made no later than February 15, 2007; the third payment shall be made no later than February 15, 2008; and the fourth payment shall be made no later than February 15, 2009. The payments shall be made to the Payment Administrator designated in Paragraph 5.3. A. Distribution to Prosecuting Agencies: Consistent with the requirements of Business and Professions Code section 17206, TEN MILLION DOLLARS ($10,000,000) of the civil penalties assessed in this matter will be distributed to the agencies identified in Exhibit B" in accordance with the terms therein. 3 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 3 ,. .A 1 B. Distribution to Regulatory Agencies: Consistent with the 2 requirements of Health and Safety Code section 25299(h), FOUR 3 MILLION DOLLARS ($4,000,000) of the civil penalties assessed in this 4 matter will be distributed to the agencies identified in Exhibit "C" in 5 accordance with the terms therein. Any funds distributed to an agency 6 identified in Exhibit "C" shall be contingent upon that agency first 7 identifying a special account and submitting to the Payment 8 Administrator and the Plaintiff's representatives, as identified in 9 Paragraph 8 of the Consent Judgment, a declaration by an authorized 10 representative of that agency stating that the funds deposited into the 11 special account pursuant to this Consent Judgment shall be expended only 12 to fund the activities of that agency in enforcing Chapter 6.7, Division 20, 13 Health and Safety Code within the agency's jurisdiction pursuant to 14 Chapter 6.11, Division 20, Health and Safety Code. The declaration shall 15 follow the format outlined in Exhibit "D." Each agency receiving civil 16 penalties pursuant to this paragraph shall be served with a copy of the 17 Consent Judgment after it is entered by the Court. In the event an agency 18 identified in Exhibit "C" does not submit the declaration required by this 19 paragraph within three hundred sixty -five (365) days of the service of the 20 Consent Judgment on that agency, that agency's share of the civil 21 penalties shall be distributed by the Payment Administrator to the State 22 Water Pollution Cleanup and Abatement Account in the State Water 23 Quality Control Fund. 24 ii. Suspended Penalty of TWO MILLION FIVE HUNDRED 25 THOUSAND DOLLARS ($2,500,000): A portion of the civil penalty assessed 26 in this matter in the total amount of TWO MILLION FIVE HUNDRED 27 THOUSAND DOLLARS ($2,500,000) shall be suspended provided that Settling 28 Defendant does not engage in any of the following acts at a Covered Facility 4 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF I ( "Suspended Penalty Conduct ") during the period of time between the three 2 hundred sixty -fifth (365th) day and the one thousand seven hundred forty -fifth 3 (1745`) day, inclusive, following entry of the Consent Judgment: 4 A. For any secondary containment testing of an underground storage 5 tank system which it performs pursuant to Cal. Code of Regs., Title 23, 6 section 2631 or Health and Safety Code section 25284.1, Settling 7 Defendant fails to submit the failing test results to the appropriate local 8 agency authorized, pursuant to Health and Safety Code section 25283, to 9 implement the requirements of Division 20, Chapter 6.7 of the Health and 10 Safety Code ( "Local Agency") within 30 days of the completion of the 11 secondary containment test; 12 B. For any underground storage tank system which fails a secondary 13 containment test, i) Settling Defendant fails to repair such underground 14 tank system within the time period required by the underground tank 15 system permit or applicable Local Agency ordinance, but no later than 16 120 days after test failure; or ii) if the repair of the system failing the 17 secondary containment test requires an additional permit or other 18 regulatory authorization in advance of undertaking the repairs, Settling 19 Defendant fails to complete the repairs within 60 days after receipt of 20 such permits or other required authorizations; or iii) after filing an 21 application with the Local Agency to temporarily or permanently close 22 the underground tank system, Settling Defendant fails to implement the 23 closure in accordance with the requirements of the Local Agency. 24 C. Settling Defendant ceases operation of an underground storage 25 tank system in violation of Health and Safety Code section 25298, and 26 Cal. Code of Regs., Title 23, sections 2670(b) and 2671, as applicable. 27 The Settling Defendant shall be liable for payment of the $2,500,000 28 suspended penalty if Settling Defendant engages in the Suspended Penalty s CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 I /// Conduct. The suspended penalty is based on the Settling Defendant's representation that certain measures which it intends to implement with regard to its environmental management program will prevent the occurrence of conditions which were alleged in the Complaint. The Parties have agreed that the suspended penalty will not apply to conduct which may otherwise constitute Suspended Penalty Conduct which occurs within the first three hundred sixty -five (365) days following the entry of the Consent Judgment in order to give Settling Defendant a reasonable time in which to implement the environmental management measures. Plaintiff is willing to suspend the assessment of a portion of the civil penalties imposed by this action in order to give Settling Defendant the opportunity to demonstrate improvements to its environmental management program undertaken pursuant to this Consent Judgment. The assessment of the suspended penalty shall be brought by noticed motion by the Plaintiff. Settling Defendant retains all of its rights to contest the Plaintiff's claims that Settling Defendant has engaged in Suspended Penalty Conduct (including the right to assert that the alleged noncompliance was due to a Force Majeure event). Upon a finding by the Court that Settling Defendant has engaged in Suspended Penalty Conduct on a single occasion, the suspended penalty of $2,500,000 shall be assessed in its entirety and the Court shall have no discretion to reduce or otherwise modify the amount of the penalty. Payment of the entire suspended penalty shall be due within thirty (30) days of the entry of an order finding that Settling Defendant engaged in Suspended Penalty Conduct unless Settling Defendant files a timely appeal of such an order. In that event, payment of the suspended penalty shall be due within 30 days of the affirmation on appeal of the order. Plaintiff shall designate the payee or payees of the suspended penalty in its moving papers. Once the suspended penalty has been assessed, it can not be assessed again. 6 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 1 iii. Credit of FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000): 2 3 As part of Settling Defendant's efforts to enhance its compliance with 4 environmental laws applicable to its operation of facilities in the State of 5 California, Settling Defendant has proposed to implement the California 6 Compliance Management System ( "CCMS "). The CCMS is an environmental 7 management system covering environmental compliance requirements at Settling 8 Defendant's Covered Facilities and any other facility Settling Defendant operates 9 in the State of California which uses underground tank systems and which first 10 commences operations after entry of the Consent Judgment. The CCMS shall 11 consist of the program components and shall meet the program objectives that 12 are more fully described in Exhibit "E ". Settling Defendant shall develop and 13 implement the CCMS in accordance with the implementation conditions and 14 schedule set forth in Exhibit "F ". Commencing on August 1, 2005 and 15 concluding at the end of February 15, 2011 ( "CCMS Credit Period "), Settling 16 Defendant shall expend at least FOUR MILLION FIVE HUNDRED 17 THOUSAND DOLLARS ($4,500,000) to directly develop and directly 18 implement the CCMS. On or before March 15, 2011, Settling Defendant shall 19 submit a certified statement by a responsible corporate official representing 20 Settling Defendant documenting the expenditures by Settling Defendant during 21 the CCMS Credit Period for the CCMS. The expenditures may be external 22 payments to outside vendors and/or expenditures for the costs of internal 23 Environmental Management resources and internal Business Unit resources, 24 provided that such expenditures are directly related to development and 25 implementation of the CCMS Program Components and Objectives in Exhibit 26 "E." In making such certification, the official may rely upon normal company 27 project tracking systems that capture employee time expenditures and external 28 payments to outside vendors such as environmental and IT contractors or 7 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 3 9 ; 1 consultants. Settling Defendant shall provide any additional information 2 requested by Plaintiff which is reasonably necessary to verify Settling 3 Defendant's expenditures on the CCMS during the CCMS Credit Period. 4 If Settling Defendant has not incurred costs of FOUR MILLION FIVE 5 HUNDRED THOUSAND DOLLARS ($4,500,000) to implement the CCMS 6 during the CCMS Credit Period, Settling Defendant shall pay the difference of its 7 actual incurred costs and $4,500,000, as an additional payment to Plaintiff. Such 8 payment shall be made to the Payment Administrator and shall be due within 9 forty -five (45) days of the end of the CCMS Credit Period. In the event that this 10 additional payment is made by Settling Defendant pursuant to this subparagraph, 11 Plaintiff will move the Court for an order which will characterize the nature of 12 the payment and identify the entity or entities to whom the payment shall be 13 distributed. 14 b. Reimbursement of Costs of Investigation and Enforcement: ONE MILLION 15 FIVE HUNDRED THOUSAND DOLLARS ($1,500,000). Settling Defendant shall pay 16 the total amount of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS 17 ($1,500,000) in settlement of Plaintiff's claim for attorneys fees, costs of investigation, 18 and other costs of enforcement incurred in this matter, including payment for the 19 services of the Payment Administrator identified in Paragraph 5.3. Within twenty (20) 20 days of the entry of the Consent Judgment, Settling Defendant shall pay this amount to 21 the Payment Administrator designated in Paragraph 5.3. The Payment Administrator 22 shall distribute these costs as set forth in Exhibit "G." 23 C. Environmental Training Projects: TWO MILLION FIVE HUNDRED 24 THOUSAND DOLLARS ($2,500,000). Settling Defendant shall pay TWO MILLION 25 FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) in four equal installments on 26 the following schedule: The first payment shall be made within twenty (20) days of the 27 entry of the Consent Judgment; the second payment shall be made on or before February 28 15, 2007; the third payment shall be made on or before February 15, 2008; and the fourth a CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF I payment shall be made on or before February 15, 2009. The payments shall be made to 2 the Payment Administrator designated in Paragraph 5.3. The $2,500,000 will be 3 allocated between the following projects: 4 i. SIX HUNDRED THOUSAND DOLLARS ($600,000) payable to the 5 California District Attorneys Association Environmental Project for the purposes 6 of providing training consistent with the purposes of that project; 7 ii. FOUR HUNDRED THOUSAND DOLLARS ($400,000) payable to the 8 California District Attorneys Association Environmental Circuit Prosecutor 9 Project for the purposes of providing training consistent with the purposes of that 10 project; 11 iii. FIVE HUNDRED THOUSAND DOLLARS ($500,000) payable to the 12 Environmental Protection Prosecution Fund for the purposes of providing 13 training and other activities authorized for support from that fund; 14 iv. FOUR HUNDRED THOUSAND DOLLARS ($400,000) payable to the 15 California Hazardous Materials Investigators Association ( CHMIA) for the 16 purpose of training. A minimum of $200,000 of these funds shall be used by 17 CHMIA to assist the Western States Project in conducting the Advanced 18 Environmental Crimes Training Program offered in conjunction with the Federal 19 Law Enforcement Training Center and California Specialized Training Institute; 20 V. THREE HUNDRED THOUSAND DOLLARS ($300,000) payable to the 21 CUPA Forum for the purpose of providing scholarships for its annual training 22 conference; 23 vi. THREE HUNDRED THOUSAND DOLLARS ($300,000) payable to the 24 State Water Pollution Cleanup and Abatement Account in the State Water 25 Quality Control Fund for training consistent with the purposes of that account. 26 To the extent that Settling Defendant wishes to make training available to Local Agency 27 inspectors on how to inspect for environmental issues arising at telecommunications 28 facilities, Plaintiff will make good faith efforts, if requested by Settling Defendant, to 9 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF I .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 assist Settling Defendant in contacting appropriate organizations representing such inspectors to facilitate such training efforts. 5.2. Requirements Pertaining to Environmental Training Projects: The TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) to be paid pursuant to Paragraph 5.1.c. shall be used by each of the designated organizations, upon acceptance, to fund, design or provide training to California local and state prosecutors, investigators, and regulators on multi- media/multi jurisdictional enforcement courses with emphasis on courses related to enforcement actions taken by regulators utilizing local prosecutors or the Attorney General's Office. Such training shall take place, to the extent reasonably possible, within five (5) years following entry of the Consent Judgment. If the payment is accepted by a designated entity, each such entity shall provide annual letter reports, starting on January 1, 2007, (and on the first of January for each following year) until the exhaustion of the funds, describing the specific use of the funds and the type of training provided. The reports shall be submitted to the Plaintiff's representatives identified in Paragraph 8 of this Consent Judgment. In the event that one of the designated entities chooses not accept its share of the $2,500,000 pursuant to the requirements of this Consent Judgment, the Plaintiff shall request, by noticed motion, an alternate disposition of that entity's share of the $2,500,000. A copy of this Consent Judgment shall be provided to each entity which receives funds to provide environmental training pursuant to this Consent Judgment. 25 26 27 28 5.3. Payment Administrator: a. The disbursement of all payments made by Settling Defendant to the Plaintiff pursuant to Paragraph 5 of this Consent Judgment shall be the responsibility of a Payment Administrator who has been designated by the Plaintiff. The Payment Administrator is the San Joaquin County District Attorney. b. All of the payments required of the Settling Defendant pursuant to Paragraph 5 shall be made by certified or cashiers check or wire transfer to the San Joaquin County District Attorney. io CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 1 C. All payments made by check shall be delivered to the following address: 2 San Joaquin County District Attorney's Office Attention: Tony Rocha 3 222 E. Weber Avenue, Room 202 Stockton, California 95202 4 5 In the alternative, payments may be made by wire transfer and such transfers 6 shall be electronically transmitted to an account and routing number as directed in 7 writing by Plaintiff to Settling Defendant following the entry of the Consent Judgment. 8 d. The Payment Administrator shall be responsible for disbursing the settlement 9 funds to the entities identified in Exhibits B, C, and G in accordance with the terms of 10 the Consent Judgment and the applicable exhibit. 11 5.4 Copy of Payments to Plaintiffs Representatives: A photocopy of all 12 payments made by Settling Defendant pursuant to Paragraph 5.1 (or electronic confirmation of 13 the wire transfer) shall be sent, at the same time that they are delivered or transferred for 14 payment, to each of Plaintiff's representatives identified in Paragraph 8. 15 6. PERMANENT INJUNCTIVE RELIEF 16 Subject to Paragraph 16.2 and pursuant to provisions of Health and Safety Code sections 17 25181, 25299.01, 25516.2, Business and Professions Code section 17203, and the Court's 18 equitable powers, Settling Defendant shall undertake the following actions related to the 19 Covered Facilities which have not been permanently closed as of the effective date of the 20 Consent Judgment and any other facility of Settling Defendant which uses underground tank 21 systems and which first commences operations after entry of the Consent Judgment. Any 22 violation of the permanent injunction required by this Consent Judgment shall be considered 23 separate and in addition to any violation of the statutory or regulatory requirements: 24 6.1 Certification of Compliance with Secondary Containment Testing: Within 30 25 days of the entry of this Consent Judgment, Settling Defendant shall submit a certification that 26 as of June 1, 2005, each underground tank system (including but not limited to underground 27 emergency generator tank systems) then in operation has passed secondary containment testing 28 in compliance with the tests required by of Cal. Code Regs., Title 23 sections 2637(a) or (b), or ii CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 Health and Safety Code section 24284. 1 (a)(4)(B)(ii). 6.2 Repeat Secondary Containment Testing: Within 30 days of the entry of the Consent Judgment, Settling Defendant shall submit a report to the Plaintiff which identifies the date on which each underground tank system last passed its secondary containment test (using the SB 989 test, or, for emergency generator tanks, either the SB 989 test or an enhanced leak detection test). This date shall be referred hereinafter as the "Integrity Test Date." Settling Defendant shall conduct subsequent periodic secondary containment testing no less frequently than 36 months after the Integrity Test Date or, for subsequent tests, no less frequently than 36 months after the immediately preceding date on which the underground tank system passed its secondary containment test. 6.3 Repair of Underground Tank Systems Which Fail Secondary Containment Testing: For any underground tank system which fails a secondary containment test, Settling Defendant shall do one of the following: i) repair such underground tank system within the time period required by the underground tank system permit or applicable Local Agency ordinance, but no later than 120 days after test failure; ii) if the repair of the system failing the secondary containment test requires a permit or other regulatory authorization in advance of undertaking the repairs, Settling Defendant shall file as promptly as reasonably practicable, but in no event later than 45 days after test failure (or no later than 60 days if engineering drawings are required), a complete application with the agency or agencies for a permit or other required regulatory authorization to undertake the repairs, and Settling Defendant shall complete the repairs no later than 60 days after receipt of such permits or other required authorizations; or iii) within 60 days of such test failure, file an application with the Local Agency to temporarily or permanently close the underground tank system and implement the closure in accordance with the requirements of the Local Agency. If any underground tank system that fails a secondary containment test has not been either repaired to enable it to pass the secondary containment test or temporarily or permanently closed within the time frames set forth in the preceding sentence (or within a shorter period of time if required by its underground tank system permit or applicable Local Agency ordinance), Settling Defendant shall not operate that underground tank 12 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 35 9q . 1 system, including the storage of fuels (except for secondary containment or tank integrity testing 2 purposes), until that system passes a valid secondary containment test. 3 6.4 Notification of Secondary Containment Testing: Settling Defendant shall notify 4 the applicable Local Agency at least 48 hours prior to conducting a secondary containment test 5 on an underground tank system. 6 6.5 Notification of Secondary Containment Test Results: Settling Defendant shall 7 submit a written copy of all test reports for each underground tank system to the applicable 8 Local Agency within 30 days of the completion of the secondary containment test. The results 9 shall be submitted to the headquarters office of the Local Agency unless it designates in writing 10 to the Settling Defendant, in advance of the submission of test results, a field office of the Local 11 Agency as an alternate office to receive the test results. 12 6.6 Annual Testing and Certification of Underground Tank System Monitoring 13 S. ys t ems: Settling Defendant shall annually test and certify each underground tank system 14 monitoring system in accordance with Cal. Code Regs., Title 23, section 2638. 15 6.7 Authorization from Regulatory Agencies: If either the applicable underground 16 tank system permit or applicable Local Agency ordinance requires that a permit or other 17 authorization is needed for maintenance, upkeep, repairs, upgrades, alterations, or modification 18 on an underground tank system, then Settling Defendant shall obtain such specified permit or 19 authorization prior to conducting the regulated activity. In the event that Settling Defendant is 20 unsure whether the applicable underground tank system permit or applicable Local Agency 21 ordinance requires that work related to an underground tank system requires a permit or 22 authorization, Settling Defendant shall affirmatively contact the applicable Local Agency for 23 written guidance prior to undertaking the work and can rely upon the written guidance provided. 24 If Settling Defendant is provided guidance orally by the Local Agency, Settling Defendant shall 25 request that such guidance be provided in writing. If the Local Agency does not provide the 26 requested written confirmation within five (5) business days of the request, Settling Defendant 27 shall send a written communication confirming the oral guidance received, both to the 28 representative of the Local Agency who provided the oral guidance, as well as the supervisor of 13 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 3 ;1r 1 that representative. Settling Defendant may rely upon the oral guidance described in the 2 confirming communication unless the Local Agency disputes the representation in the written 3 communication within five (5) business days of receipt of Settling Defendant's written 4 communication confirming the oral guidance. Settling Defendant shall maintain a record of any 5 communication by a Local Agency regarding or related to the performance of work without a 6 permit or authorization. If the Local Agency does not provide any response to Settling 7 Defendant's question regarding whether particular proposed work on an underground tank 8 system requires a permit or other regulatory authorization, Settling Defendant may set forth in 9 writing to the Local Agency (addressed to both the Local Agency inspector and the inspector's 10 supervisor) the Settling Defendant's unsuccessful efforts to obtain guidance from the Local 11 Agency and the Settling Defendant's interpretation of the applicable legal requirements. For the 12 purposes of this Consent Judgment, Settling Defendant may rely on its interpretation as set forth 13 in the written communication to the Local Agency unless the Local Agency disputes Settling 14 Defendant's interpretation within five (5) business days of the receipt of Settling Defendant's 15 written communication. 16 6.8 Leak Detection: Notwithstanding the foregoing, if other leak detection records or 17 visual observations indicate that there are actual leaks from an underground tank secondary 18 containment system into the environment, Settling Defendant shall report such information to 19 regulatory agencies as required under applicable laws and will accelerate the necessary response 20 to the tank condition (including the removal of all product from the tank, or use of an 21 aboveground tank were logically feasible and legally permissible) as soon as reasonably possible 22 consistent with maintaining essential backup telecommunications service in the event of a 23 power outage. 24 6.9 Leak Detection Alarms: Settling Defendant shall install and maintain leak 25 detection monitoring equipment such that the equipment is capable of detecting a fuel leak in 26 the tank, piping and secondary containment at the earliest possible opportunity, in accordance 27 with Cal. Code of Regs., Title 23, section 2630(d). To accomplish that, the Settling Defendant 28 shall do the following: (i) By the end of the next calendar day after receipt of an electronic 14 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF s a 1 notification that both the secondary containment sensor is detecting liquid in the secondary 2 containment of an underground tank system and the in -tank fuel leak probe in the underground 3 tank system is also registering a drop in fuel levels (and so triggering a "fuel leak alarm "), or 4 there is some other indication (other than the secondary containment sensor detecting liquid in 5 the secondary containment) of potential fuel loss from the monitored tank, piping or secondary 6 containment, the Settling Defendant shall request that a trained employee, agent, or contractor of 7 the Settling Defendant travel to the relevant location on a "rush" basis to inspect the liquid in 8 such containment to determine whether it is leaked/spilled fuel; and (ii) such employee, agent or 9 contractor shall inspect the secondary containment and make such a determination by the end of 10 the calendar day after receiving such request. When the Settling Defendant receives electronic 11 notification that the secondary containment sensor is detecting liquid in the secondary 12 containment of an underground tank system and the in -tank fuel leak probe is not registering a 13 drop in fuel levels and there is no other indication (other than the secondary containment 14 sensor detecting liquid in the secondary containment) of potential fuel loss from the monitored 15 tank, piping or secondary containment, then: i) the Settling Defendant shall, within the next 16 calendar day, request that a trained employee, agent or contractor promptly inspect the 17 secondary containment involved, and (ii) such employee agent or contractor shall inspect the 18 secondary containment involved and make a determination of whether the liquid is 19 leaked/spilled fuel, as promptly as reasonably possible, but not later than 96 hours of receiving 20 such request. The time established in this subsection shall be extended to the extent reasonably 21 necessary due to adverse weather conditions that hinder or block site access or to a Force 22 Majeure event. In the event that corrective work is required to address the cause of the alarm, 23 Settling Defendant will undertake the work as soon as reasonably possible consistent with all 24 applicable legal requirements. Settling Defendant will also provide notice to and obtain 25 regulatory authorization for such corrective work as required under subsection (g) 26 ( "Authorization from Regulatory Agencies "). Nothing in this subsection is intended to relieve 27 nor shall it relieve, Settling Defendant from compliance with any applicable requirements of 28 law, statute, regulation or ordinance including those requirements for reporting, recording or 15 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 3 r responding to unauthorized releases of hazardous substances. 6.10 Closure of Underground Tank System : In the event that Settling Defendant ceases operation of any underground tank system, it shall comply with the requirements of Health and Safety Code section 25298, and Cal. Code of Regs., Title 23, sections 2670(b) and 2671, as applicable. 6.11 Financial Responsibility: Settling Defendant shall comply with the financial responsibility requirements for its underground tank systems as required by Health and Safety Code sections 25292.2 and 25299.31. 6.12 Hazardous Waste Management Training: Settling Defendant shall provide training in hazardous waste management procedures to such employees as are required by law to receive such training, shall maintain documentation of such training, and shall maintain hazardous waste safety emergency response procedures as provided in Cal. Code of Regs., Title 22, sections 66265.16 and 66265.56; provided, however, that for such employees who work solely at or with facilities where Settling Defendant generates less than 1000 kg/month of hazardous waste, Settling Defendant shall instead comply with the alternative training, document maintenance, and emergency procedures standards established for small quantity generators in Code of Fed. Regs., Title 40, sections 262.34 (d), (e), and (t), in accordance with Health and Safety Code section 25123.3 (h). 6.13 Hazardous Materials Management Training: Settling Defendant shall comply with employee training requirements for hazardous material business plans (including training regarding the underground tank system monitoring plans and responses to spills from underground tank systems) under Health and Safety Code section 25504. 7. MATTERS COVERED BY THIS CONSENT JUDGMENT. 7.1 Except as provided in Paragraph 7, this Consent Judgment is a final and binding resolution and settlement of all claims, violations or causes of action alleged by the Complaint in this matter or which could have been asserted up until September 14, 2005, according to statute by or through the People of the State of California, based on the specific facts alleged in the Complaint against Settling Defendant, its subsidiaries and corporate parents, and each of 16 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF I their affiliates and parents, successors, heirs, assigns, and their respective officers, directors, 2 partners, employees, representatives, agents, property owners, tank owners, franchisees, and 3 facility operators at the Covered Facilities ( "Entities Covered by Settlement "). Independent 4 contractors and subcontractors are not covered by this Consent Judgment except for acts alleged 5 in the Complaint which were performed at the direction of Settling Defendant. In the event that 6 litigation is filed by an entity which is not a party to this action against one of the Entities 7 Covered by Settlement based upon claims, violations or causes of action alleged by the 8 Complaint in this matter, or which could have been asserted based on the specific facts alleged 9 in the Complaint, Settling Defendant shall notify Plaintiff within thirty (30) days of service of 10 such litigation on Settling Defendant. After notice, Plaintiff will appear in such subsequent 11 litigation to explain the effect of this Consent Judgment on such litigation. If Plaintiff 12 determines that the subsequent litigation is barred by the principles in this paragraph, Plaintiff 13 will support Settling Defendant in arguing that the subsequent litigation is barred by the 14 principle of res judicata. 15 7.2. The provisions of Paragraph 7.1 are effective as of the date of the entry of the 16 Consent Judgment but the continuing effect of such provisions is expressly conditioned on 17 Settling Defendant's full payment of the civil penalty, costs and other payments specified in 18 Paragraph 5 of the Consent Judgment. 19 7.3 Paragraphs 7.1 and 7.2 have no effect on the ability of Plaintiff to enforce the 20 terms of the Consent Judgment. Moreover, this Court retains exclusive jurisdiction to address 21 any future claims for injunctive relief, penalty assessments, or other relief for the Covered 22 Facilities against Settling Defendant arising from or related to any alleged or actual violations of 23 the Consent Judgment. 24 7.4 The matters which are addressed as set forth in Paragraph 7.1 or which are 25 subject to this Court's continuing jurisdiction pursuant to Paragraph 7.3 are each a "Covered 26 Matter ". 27 7.5 Any violations of law, statute, regulation or ordinance, if any, by Settling 28 Defendant which are based on facts not expressly alleged by the Complaint or addressed as a 17 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 1 Covered Matter, or which occur or exist after September 14, 2005 are not resolved, settled, or 2 covered by this Consent Judgment. 3 7.6 Settling Defendant covenants not to sue or pursue any civil or administrative 4 claims against Plaintiff or agencies of the State of California, any counties of the State of 5 California or any Certified Unified Program Agency, Participating Agency or Unified Program 6 Agency as those terms are defined pursuant to Health and Safety Code Section 2528 1 (d)(1)(2) 7 and (3), or their officers, employees, representatives, agents or attorneys arising out of or related 8 to any matter expressly addressed by this Consent Judgment, except for the purpose of enforcing 9 Plaintiff s obligations under this Consent Judgment. 10 7.7 Notwithstanding any other provision of the Consent Judgment, any claims or 11 causes of action for: 12 i) performance of cleanup, corrective action or response action, or 13 ii) criminal penalties, civil penalties, damages, injunctive relief, or 14 iii) recovery of response costs 15 concerning or arising out of possible or actual past or future releases, spills, leaks, discharges or 16 disposal of motor vehicle fuels, hazardous wastes or hazardous substances caused or contributed 17 to by Settling Defendant at locations at or around the Covered Facilities are not resolved by this 18 Consent Judgment, and such claims or causes of action, if any, are reserved by the People of the 19 State of California. This Consent Judgment resolves allegations of Settling Defendant's failure 20 to timely report releases of hazardous materials as alleged in the Complaint. 21 7.8 Except as provided by this Consent Judgment, the Parties reserve the right to 22 pursue any claims not related to Covered Matters and any defense to such claims ( "Reserved 23 Claims "). 24 7.9 In any subsequent action that may be brought by Plaintiff to enforce any 25 Reserved Claims or claims otherwise excluded from this settlement, Settling Defendant will not 26 assert, plead or raise against Plaintiff in any fashion any defense or avoidance claiming that such 27 failure to bring such claims as part of this action constitutes claim - splitting, laches or any other 28 lack of timeliness. This Paragraph does not affect any statute of limitations, if any, which may is CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF S e • 1 be applicable to any Reserved Claims or claims otherwise excluded from this settlement. 2 7.10 a. It is not a breach of Settling Defendant's obligations under Paragraphs 5.1.a.ii. 3 and 6 if Settling Defendant is unable to perform due to a Force Majeure event. Any event due to 4 acts of God, acts of war or that arises beyond the control of the Settling Defendant that prevents 5 the performance of such an obligation despite Settling Defendant's timely and diligent efforts to 6 fulfill the obligation is a Force Majeure event. A Force Majeure event does not include 7 financial inability to fund or complete the work, any failure by Settling Defendant's suppliers, 8 contractors, subcontractors or other persons contracted to perform the work for or on behalf of 9 Settling Defendant (unless their failure to do so is itself due to a Force Majeure event), nor does 10 it include circumstances which could have been avoided if Settling Defendant had complied 11 with preventative requirements imposed by law, regulation or ordinance. 12 b. If Settling Defendant claims a Force Majeure event, it shall notify the Plaintiff in 13 writing within three (3) business days of when the Settling Defendant first learns that the event 14 will prevent performance of an obligation in Paragraphs 5.l.a.ii. and 6 Within fourteen (14) 15 days thereafter, the Settling Defendant shall provide to Plaintiff a written explanation and 16 description of the reasons for the prevention of performance, all actions taken or to be taken to 17 prevent or mitigate the non - performance, the anticipated date for performance, an explanation of 18 why the event is a Force Majeure event, and any documentation to support Settling Defendant's 19 explanation. Within fourteen (14) days of receipt of such explanation, Plaintiff will notify the 20 Settling Defendant in writing whether Plaintiff agrees or disagrees with Settling Defendant's 21 assertion of a Force Majeure event. If the Parties do not agree that a particular delay or lack of 22 performance is attributable to a Force Majeure event, either Party may petition the Court to 23 resolve the dispute. If either Party petitions the Court to resolve the dispute, it will neither 24 preclude nor prejudice the Plaintiff from bringing a motion to enforce the provisions of either 25 Paragraph 5.l.adi or 6, as applicable, against Settling Defendant as provided in subsection d., 26 below. 27 . c. The time for performance of the obligations under Paragraphs 5.l.a.ii. and 6 of this 28 Consent Judgment that are affected by a Force Majeure event will be extended for such time as 19 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF I is necessary to complete those obligations. An extension of the time for performance of the 2 obligations affected by the Force Majeure event shall not, of itself, extend the time for 3 performance of any other obligation. 4 d. If Plaintiff chooses to enforce the provisions of Paragraphs 5.l.a.ii. or 6 against 5 Settling Defendant for the failure to perform in spite of Settling Defendant's claim of a Force 6 Majeure event, Settling Defendant may raise the claimed Force Majeure event as a defense to 7 such an action and shall have the burden of proof to demonstrate the Force Majeure event 8 8. NOTICE. 9 All submissions and notices required by this Consent Judgment shall be sent to: 10 For Plaintiff: 11 Reed Sato, Esq. Deputy Attorney General 12 Office of the Attorney General 1300 "I" Street 13 P.O. Box 944255 Sacramento, California 94244 -2550 14 15 David J. Irey, Esq. Supervising Deputy District Attorney 16 Environmental Prosecutions Unit San Joaquin County Courthouse, Room 202 17 P.O. Box 990 Stockton, California 95201 18 19 For Settling Defendant: 20 Peggy Garber General Attorney and Assistant General Counsel 21 AT &T Services, Inc. 175 E. Houston Street 22 San Antonio, Texas 78205 23 with copies to: 24 Deborah J. Schmall Farella Braun + Martel LLP 25 235 Montgomery Street San Francisco, California 94104 26 Michael J. Steel 27 Pillsbury Winthrop Shaw Pittman LLP P.O. BOX 7880 28 San Francisco, California 94120 -7880 ao CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 3 ( . , � �.; 1 Any Party may change the address for purpose of notices to that Party by a notice 2 specifying a new address, but no such change is effective until it is actually received by the Party 3 sought to be charged with its contents. All notices and other communications required or 4 permitted under this Consent Judgment that are addressed as provided in this Paragraph are 5 effective upon delivery if delivered personally or by overnight mail, or are effective five (5) days 6 following deposit in the United States mail, postage prepaid, if delivered by mail. 7 9. NECESSITY FOR WRITTEN APPROVALS 8 All approvals and decisions of the Plaintiff regarding any matter requiring approval or 9 decision of the Plaintiff under the terms of this Consent Judgment shall be communicated in 10 writing to Settling Defendant. No informal oral advice, guidance, suggestions, or comments by 11 employees or officials of the Plaintiff regarding submissions or notices shall be construed to 12 relieve Settling Defendant of its obligations to obtain the final written approvals by Plaintiff 13 required by this Consent Judgment. All approvals and decisions of Settling Defendant regarding 14 any matter requiring approval or decision of Settling Defendant which are required to be 15 communicated to Plaintiff under the terms of this Consent Judgment shall be communicated in 16 writing. 17 10. EFFECT OF JUDGMENT. 18 Except as expressly provided in this Consent Judgment, nothing in this Consent 19 Judgment is intended nor shall it be construed to preclude Plaintiff or any state agency, 20 department, board or entity, or any county, or any Certified Unified Program Agency, 21 Participating Agency, Unified Program Agency or any other local agency from exercising its 22 authority under any law, statute, or regulation at the Covered Facilities or any other facility 23 addressed or identified in this Consent Judgment. Except as expressly provided in this Consent 24 Judgment, Settling Defendant retains all of its defenses to the exercise of the aforementioned 25 authority. 26 11. PLAINTIFF IS NOT LIABLE. 27 The Plaintiff shall not be liable for any injury or damage to persons or property resulting 28 from acts or omissions by Settling Defendant, its directors, officers, employees, agents, 21 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 1 representatives or contractors in carrying out activities pursuant to this Consent Judgment, nor 2 shall the Plaintiff be held as a party to or guarantor of any contract entered into by Settling 3 Defendant, its directors, officers, employees, agents, representatives or contractors, in carrying 4 out activities required pursuant to this Consent Judgment. 5 12. NO WAIVER OF RIGHT TO ENFORCE. 6 The failure of the Plaintiff to enforce any provision of this Consent Judgment shall 7 neither be deemed a waiver of such provision nor in any way affect the validity of this Consent 8 Judgment. The failure of the Plaintiff to enforce any such provision shall not preclude it from 9 later enforcing the same or any other provision of this Consent Judgment. No oral advice, 10 guidance, suggestions or comments by employees or officials of any Party regarding matters 11 covered in this Consent Judgment shall be construed to relieve any Party of its obligations 12 required by this Consent Judgment. 13 13. REGULATORY CHANGES. 14 Nothing in this Consent Judgment shall excuse Settling Defendant from meeting any 15 more stringent requirements which may be imposed hereafter by changes in applicable and 16 legally binding legislation or regulations. 17 14. APPLICATION OF CONSENT JUDGMENT. 18 This Consent Judgment shall apply to and be binding upon the Plaintiff, Settling 19 Defendant and the successors or assigns of each of them. 20 15. AUTHORITY TO ENTER CONSENT JUDGMENT. 21 Each signatory to this Consent Judgment certifies that he or she is fully authorized by the 22 Party he or she represents to enter into this Consent Judgment, to execute it on behalf of the 23 Party represented, and to legally bind that Party. 24 16. CONTINUING JURISDICTION. 25 16.1 The Court shall retain continuing jurisdiction to enforce the terms of this Consent 26 Judgment and to address any other matters arising out of or regarding this Consent Judgment. 27 The Parties shall meet and confer prior to the filing of any motion relating to this Consent 28 Judgment and shall negotiate in good faith in an effort to resolve any dispute without judicial 22 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 %J intervention. 16.2 At any time after Settling Defendant and Plaintiff both receive the Final Independent Audit Report required pursuant to Paragraph N.F. of Exhibit G (but in no event earlier than sixty (60) months following entry of this Consent Judgment), any Party may provide notice to the Court (which shall be served on all Parties) that the permanent injunctive provisions of Paragraph 6 of this Consent Judgment will expire and have no further force or effect ( "Notice of Termination "). The permanent injunctive provisions of Paragraph 6 will be of no further force or effect sixty (60) days thereafter, unless Plaintiff files a motion contesting the expiration of Paragraph 6 within sixty (60) days of receipt of the Notice of Termination. In the event that such a motion is filed, none of the contested injunctive provisions of Paragraph 6 will terminate pending the Court's ruling on the motion. The Plaintiff reserves its rights to contest termination on any ground and to offer any evidence relevant to such motion, and the Settling Defendant reserves its rights to respond on any ground and offer evidence relevant to such motion by Plaintiff. The provisions of the permanent injunction in Paragraph 6 will expire and be of no further force or effect unless the Court (upon consideration of the Parties' pleadings and argument, if any) determines that the expiration of the provisions would not be in the interests of justice because Settling Defendant either has not (1) substantially complied in material respects with the injunctive provisions of Paragraph 6, or (2) been reasonably diligent in implementing the CCMS. The termination of any of the permanent injunctive provisions of Paragraph 6 shall have no effect on Settling Defendant's obligation to comply with requirements imposed by statute, regulation, ordinance, or law. 17. LIABILITY FOR NONCOMPLIANCE BY SETTLING DEFENDANT Plaintiff may move this Court to enjoin Settling Defendant from any violation of any provision of this Consent Judgment and for penalties as provided in this Paragraph for violation of the Consent Judgment, including Paragraph 6 ( "Enforcement of Judgment Claims "). Upon a determination by this Court, Settling Defendant shall be liable for civil penalties as provided by law, including but not limited to Business and Professions Code section 17206, for each violation of the provisions of the Consent Judgment, except that Settling Defendant shall be 23 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF ,3 t. 1 liable for a stipulated civil penalty of $25,000 for each day that a payment required pursuant to 2 Paragraph 5.1 is not paid to the Payment Administrator by the respective deadline. The Parties 3 shall meet - and - confer prior to the filing of any motion to assess penalties pursuant to this 4 Paragraph, and shall negotiate in good faith in an effort to resolve any penalty assessments 5 pursuant to this Paragraph without judicial intervention. Any penalties awarded pursuant to this 6 Paragraph for violation of the Consent Judgment are not a bar to any other remedies or sanctions 7 provided by statute, ordinance or regulation. In determining whether Plaintiff will seek 8 penalties pursuant to this paragraph, Plaintiff will give due consideration to any enforcement 9 action initiated by local prosecutors for the underlying conduct,giving rise to the claim of 10 violation of Paragraph 6. 11 18. NON - DISCHARGEABILITY OF OBLIGATIONS 12 Any payments required by Settling Defendant pursuant to this Consent Judgment are not 13 dischargeable in bankruptcy. 14 19. ABILITY TO INSPECT AND COPY RECORDS AND DOCUMENTS 15 On reasonable notice and subject to all of the defenses Settling Defendant would have to 16 requests for documents made by subpoena or other formal legal process or discovery employed 17 by Plaintiff, any duly authorized representative of any of the undersigned offices representing 18 the Plaintiff shall be permitted to inspect and copy such records and documents in the possession 19 of Settling Defendant as may be reasonably necessary to determine whether Settling Defendant 20 is in compliance with the terms of this Consent Judgment. Nothing in this paragraph is intended 21 to require access to or production of any documents which are protected from production by the 22 attorney- client privilege, attorney work product doctrine, or any other applicable privileges, 23 exemptions, or immunities afforded to Settling Defendant under law. 24 25 26 27 28 24 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 11 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 20. CERTIFICATION. Whenever this Consent Judgment requires the certification by the Settling Defendant, such certification shall be provided by a Settling Defendant representative at a managerial level in charge of environmental compliance matters, or by an officer of the corporation. Each certification shall read as follows: To the best of my knowledge, based on information and belief and after reasonable investigation, I certify that the information contained in or accompanying this submission is true, accurate, and complete. I am aware that there are civil and criminal penalties for submitting false information. 21. ENFORCEMENT OF JUDGMENT. In the event that a Party brings an action to enforce any of the terms of this Consent Judgment, the prevailing Party shall be entitled to its reasonable costs, including attorney fees and costs, including any costs for expert witnesses or other costs. 22. PAYMENT OF LITIGATION EXPENSES AND FEES. Settling Defendant shall pay its own attorney fees, expert witness fees and costs, and all other costs of litigation and investigation incurred to date. 23. INTERPRETATION. This Consent Judgment shall be deemed to have been drafted equally by all Parties hereto. Accordingly, the Parties hereby agree that any and all rules of construction to the effect that ambiguity is construed against the drafting Party shall be inapplicable in any dispute concerning the terms, meaning, or interpretation of this Consent Judgment. 24. COUNTERPART SIGNATURES. This Consent Judgment may be executed by the Parties in counterpart, and when a copy is signed by an authorized representative of each Party, the stipulation shall be effective as if a single document were signed by all Parties. 25. COOPERATION BY SETTLING DEFENDANT It is the intention of Settling Defendant to cooperate with the Plaintiff in addressing potential violations of environmental laws by any of Settling Defendant's independent contractors. Settling Defendant agrees that, at Plaintiff's reasonable request and upon reasonable notice, Settling Defendant will provide documents in Settling Defendant' possession or control 25 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF I to Plaintiff for use as evidence in potential legal actions against third parties who, during the 2 period of time and at the facilities covered by the injunction herein, have been retained by 3 Settling Defendant as independent contractors and who are suspected of having violated 4 environmental legal requirements, including, but not limited to, independent contractors whom 5 Plaintiff alleges may have worked throughout California without meeting local and state 6 requirements. Nothing in this paragraph is intended to require access to or production of any 7 documents which are protected from disclosure by the attorney- client privilege, attorney work 8 product doctrine, or any other applicable privileges, exemption or immunity afforded to Settling 9 Defendant under law, nor does it waive any of the objections or defenses to which Settling 10 Defendant would be entitled in responding to requests for documents made by subpoena or other 11 formal legal process or discovery. 12 27. INCORPORATION OF EXHIBITS 13 Each of the Exhibits "A" through "G" are incorporated herein by reference. 14 28. ENTRY AFTER NOTICED MOTION 15 This Consent Judgment shall be brought before the Court for approval on noticed 16 motion, and the Court shall be requested to make a fairness determination in order to ensure that 17 this Consent Judgment is fair and in the public interest. By entering this Consent Judgment, the 18 Court finds that its action results in a full, fair, and final resolution of the claims which were or 19 could have been raised in the Complaint based on the facts alleged therein. Settling Defendant 20 has indicated that it will provide written notice of the proposed settlement to all state, county, 21 municipal, and local officials with authority to bring any claims which are designated in 22 Paragraph 7.1 as matters covered by this Consent Judgment. Settling Defendant represents that 23 such notice will include a complete copy of the Consent Judgment, the moving papers in support 24 of the motion for entry of the Consent Judgment, and will specifically recite the terms of 25 Paragraph 7.1. 26 29. INTEGRATION. 27 This Consent Judgment constitutes the entire agreement between the Parties and may not 28 be amended or supplemented except as provided for in the Consent Judgment. 26 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 11 21 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 30. MODIFICATION OF CONSENT JUDGMENT. This Consent Judgment may be modified only upon written consent by the Parties hereto and the approval of the Court or as provided for by law. The dates which are specified in Paragraphs 5.l .a.i, 5.l.a.iii., and 5.1.c. are based on the assumption that the Court will enter the Consent Judgment before February 15, 2006. In the event that the Court does not do so, the Parties agree that those dates will be extended by the same time period in which the entry of the Consent Judgment is delayed beyond February 15, 2006. IT IS SO STIPULATED: FOR THE PLAINTIFF Dated: January 13, 2006 I Dated: January ', 2006 27 BILL LOCKYER, Attorney General of the State of California THOMAS GREENE Chief Assistant Attorney General THEODORA BERGER Senior Assistant Attorney General REED SATO Deputy Attorney General Attorneys for Plaintiff, People of the State of California THOMAS J. ORLOFF, District Attorney of the County of Alameda SUSAN M. TORRENCE Deputy District Attorney Attorneys for Plaintiff, People of the State of California CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 Dated: January q3 2006 Dated: January i3, 2006 Dated: January( 3, 2006 lDated: January )�, 2006 28 STEVE COOLEY, District Attorney of the County of Los Angeles DANIEL J. WRIGHT Deputy District Attorney STANLEY P. WILLIAM Assistant Head Deputy District Attorney Attorneys for Plaintiff, People of the State of California DEAN D. FLIPPO, District Attorney of the County of Monterey MATT BOGOSHIAN Deputy District Attorney Attorneys for Plaintiff, People of the State of California BONNIE M. DUMANIS, District Attorney of the County of San Diego KAREN I. DOTY Deputy District Attorney Attorneys for Plaintiff, People of the State of California JAMES P. WILLETT, District Attorney of the County of San Joaquin DAM J. IRE Supervising De District Attorney Attorneys for Plaintiff, People of the State of California CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 Dated: January 13, 2006 Dated: January -< 2006 3s 9q- 4 : il DAVID W. PAULSON, District Attorney of the County of Solano DANI JO HANDELL Deputy District Attorney Attorneys for Plaintiff, People of the State of California MICHAEL J. AGUIlRRE, City Attorney of the City of San Diego 'f +t S VEN GOLD) Deputy City orney Attorneys for Plaintiff, People of the State of California II 29 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 FOR THE SETTLING DEFENDANT: Dated: January/, 2006 Approved as to Form: Dated: January b, 2006 IT IS SO ORDERED, Dated: FEB 1 6 Z0062006 WILLIAM C. IT President - Netw Pacific Bell Te AT &T Califonfl Services ne Company dba FARELLA BRAUN + MARTEL LLP DEBORAH J. SCHMALL Attorneys for Settling Defendant Pacific Bell Telephone Company dba AT &T California ELIZABETH HUMPHREYS Judge of the Superior Court San Joaquin County Superior Court 30 CONSENT JUDGMENT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 3590 -:7] EXHIBIT A 1 2 3 4 5 6 7 8 9 III] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BILL LOCKYER, Attorney General of the State of California TOM GREENE Chief Assistant Attorney General THEODORA P. BERGER Senior Assistant Attorney General REED SATO, SBN 087685 Deputy Attorney General P.O. Box 944255 Sacramento, California 94244 -2550 Telephone: (916) 324 -8630 Facsimile: (916) 327 -2319 JAMES P. WILLETT, District Attorney of the County of San Joaquin DAVID J. IREY, SBN 142864 Supervising Deputy District Attorney Environmental Prosecutions Unit San Joaquin County Courthouse, Room 202 P.O. Box 990 Stockton, California 95201 Telephone: (209) 468 -2400 Facsimile: (209) 468 -0314 THOMAS J. ORLOFF, District Attorney of the County of Alameda SUSAN M. TORRENCE, SBN 132585 Deputy District Attorney Consumer and Environmental Protection Division 7677 Oakport, Suite 650 Oakland, CA 94621 -1934 Telephone: (510) 569 -9281 Facsimile: (510) 569 -0505 3 9 . . F I L ED Attorneys for the Plaintiff, People of the State of California IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN JOAQUIN PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, V. No. CVO2836" COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF PACIFIC BELL TELEPHONE COMPANY dba AT &T California, a California corporation, TH r�C 1 iAS1`1 ASSIGNED T 1 I ;u,d'1v1.,;1'tE�'S IN Defendant. c FS: I COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 3 9 1 PLAINTIFF, PEOPLE OF THE STATE OF CALIFORNIA, allege as follows: 2 PLAINTIFF 3 1. Plaintiff, PEOPLE OF THE STATE OF CALIFORNIA ( "People "), brings its actions by 4 and through Bill Lockyer, Attorney General of the State of California ( "Attorney General'), and 5 by and through Thomas J. Orloff, District Attorney of Alameda County; Steve Cooley, District 6 Attorney of Los Angeles County, Dean D. Flippo, District Attorney of Monterey County; 7 Bonnie M. Dumanis, District Attorney of San Diego County; James P. Willett, District Attorney 8 of San Joaquin County; David Paulson, District Attorney of Solano County; and Michael J. 9 Aguirre, City Attorney of the City of San Diego (collectively "the Local Prosecutors "). 10 2. Pursuant to California Health and Safety Code section 25145.4, the Attorney General 11 may bring a civil action in the name of the People of the State of California to enjoin any 12 violation of Chapter 6.5 of Division 20 of the California Health and Safety Code (hereinafter 13 "Chapter 6.5 ") and seek civil penalties for violations of the provisions of Chapter 6.5. 14 3. Pursuant to California Health and Safety Code section 25182, the Local Prosecutors at a 15 request of a unified program agency may bring a civil action in the name of the People of the 16 State of California to enjoin any violation of Chapter 6.5 and to seek civil penalties for 17 violations of the provisions of Chapter 6.5 which are under the jurisdiction of the unified 18 program agency. 19 4. Pursuant to California Health and Safety Code section 25299.02, the Attorney General 20 and the Local Prosecutors may bring a civil action in the name of the People of the State of 21 Califomia for violations of state law dealing with the underground storage of hazardous 22 substances, as set forth in Chapter 6.7 of Division 20 of the California Health and Safety Code 23 (hereinafter "Chapter 6.7 "). 24 5. Pursuant to California Health and Safety Code section 25299.01, the Attorney General 25 and the Local Prosecutors may apply to a superior court for an injunction or an order directing 26 compliance against any person who has engaged in, is engaged in, or is about to engage in any 27 acts or practices which violate Chapter 6.7. 28 2 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 1 6. Pursuant to the California Health and Safety Code section 25514, the Attorney General 2 or the Local Prosecutors may bring an action for civil penalties for violations of California 3 Health and Safety Code sections 25503.5 to 25505, inclusive, or sections 25508 to 25520, 4 inclusive. Pursuant to California Health and Safety Code section 25516, the Attorney General 5 or the Local Prosecutors, when requested by an administering agency, may bring an action to 6 enjoin a violation of Chapter 6.95 of Division 20 of the California Health and Safety Code 7 (hereinafter "Chapter 6.95 ") or these prosecuting agencies can seek the same relief upon their 8 own motion. 9 7. Pursuant to California Business and Professions Code sections 17203, 17204, and 10 17206, the Attorney General and the Local Prosecutors may bring actions in the name of the 11 People of the State of California in a superior court for an injunction against any person who 12 engages, had engaged, or proposes to engage in unfair competition and for civil penalties for 13 each act of unfair competition. 14 8. Plaintiff brings this action without prejudice to any other action or claims which it may 15 have based on separate, independent and unrelated violations of Chapters 6.5, 6.7, or 6.95 of 16 Division 20 of the California Health and Safety Code by Pacific Bell Telephone Company dba 17 AT &T California and/or on facts which are not alleged in this Complaint. 18 DEFENDANT 19 9. Defendant Pacific Bell Telephone Company dba AT &T California (fka SBC California) 20 ( "AT &T" or "Defendant ") is a California corporation which does or did business in the State of 21 California at the facilities identified in Exhibit "A" which is incorporated herein by reference 22 (hereinafter collectively referred to as "Covered Facilities "). AT &T owned and/or operated 23 underground tank systems at the Covered Facilities that are used to store motor vehicle fuel or 24 served to supply emergency generators. 25 10. AT &T is or, at all times relevant to the claims in this complaint, was legally responsible 26 for compliance with the provisions of the California Health and Safety Code including Chapters 27 6.5, 6.7, and 6.95 of Division 20 at its Covered Facilities. 28 3 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 3591•..." VENUE 11. Venue is proper in this county pursuant to California Health and Safety Code section 25299.03 in that violations alleged in the Complaint occurred in the County of San Joaquin and that the other statewide violations alleged in the complaint are related to such violations. GENERAL ALLEGATIONS 12. Plaintiff and AT &T have entered into a series of agreements to toll any applicable statute of limitations. As a result of these agreements, the period of time from December 21, 2004 through January 14, 2006 inclusive, ( "Tolling Period ") will not be included in computing the time limited by any statute of limitations under the causes of action that may arise out of claims covered by the tolling agreement. Those claims include the claims that are brought in this action. 13. Subject to the terms of the tolling agreements identified in Paragraph 12, Plaintiff is informed and believes and thereupon alleges that AT &T has engaged in the following actions at its Covered Facilities within five years of the date that this Complaint was filed: a. Failed to test secondary containment systems installed prior to January 1, 2001, by January 1, 2003, in accordance with California Code Regulations, Title 23 section 2637(a); b. Failed to test every thirty -six months secondary containment systems installed prior to January 1, 2001, in accordance with California Code of Regulations, Title 23 section 2637(a); C. Failed to test secondary containment systems installed on or after January 1, 2001, in accordance with the schedule required by California Code of Regulations, Title 23 section 2637(a); d. Failed to replace secondary containment system by December 31, 2002 which AT &T determined could not be tested in accordance with California Code of Regulations, Title 23 section 2637 with a system that could be tested in accordance with that regulation, and failed to qualify for the alternative for testing with enhanced leak detection, in accordance with California Code of 4 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 Regulations, Title 23 section 2637(b); e. Failed to repair underground tank systems within a reasonable time after the systems were found to have failed a secondary containment test performed pursuant to California Code of Regulations, Title 23 section 2637; f. Failed to submit a copy of the secondary containment test report to the local agency within 30 days of completion of the test in accordance with California Code of Regulations, Title 23 section 2637(e); g. Failed to notify the local agency at least 48 hours prior to conducting testing in accordance with California Code of Regulations, Title 23 section 2637(f); h. Failed to annually test and certify underground storage tank monitoring systems in accordance with California Code of Regulations, Title 23 section 2638; i. Repaired underground storage tank systems without required permits or authorization from the appropriate permitting agencies; j. Failure to address an actual fuel alarm at the earliest possible opportunity in violation of California Code of Regulations, Title 23 section 2630(d) due to routine allowance of water in the secondary containment. k. Failed to temporarily cease operation of an underground tank system as required by California Health and Safety Code section 25298; 1. Failure to establish and maintain financial responsibility for taking corrective action and compensating third parties pursuant to California Health and Safety Code sections 25292.2 and 25299.31. m. Failed to provide adequate training to employees pursuant to California Code Regulations, Title 22 sections 66265.16 and 66265.56; n. Failed to maintain documentation of training of employees pursuant to California Code of Regulations, Title 22 section 66265.16; o. Failed to provide adequate training of all employees to respond to a hazardous material spill or release from an underground storage tank system, including the failure to familiarize employees with the underground storage tank monitoring s COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 3591, 1 plan and release report procedures in the business response plan pursuant to 2 California Health and Safety Code section 25504; 3 P. Failed to maintain adequate hazardous material safety emergency response 4 procedures, and adequate hazardous waste safety emergency response procedures 5 pursuant to California Code of Regulations, Title 22 section 66265.56; 6 q. Failed to report releases of hazardous materials to an administering agency 7 pursuant to California Health and Safety Code section 25507(a). .8 FIRST CAUSE OF ACTION 9 14. Plaintiff realleges Paragraphs 1 through 13, inclusive. 10 15. AT &T is liable for civil penalties as set forth in California Health and Safety Code 11 section 25189(b) for each intentional or negligent violation of rules, regulations, standards, or 12 requirements regarding hazardous waste set forth above. 13 16. AT &T must immediately and permanently be enjoined from further violations of 14 Chapter 6.5. 15 SECOND CAUSE OF ACTION 16 17. Plaintiff realleges Paragraphs 1 through 13, inclusive. 17 18. AT &T is liable for civil penalties as set forth in California Health and Safety Code 18 section 25189.2(b) for each violation of the rules, regulations, standards or requirements 19 regarding hazardous waste set forth above. 20 19. AT &T is liable for civil penalties as set forth in California Health and Safety Code 21 section 25189.2(b) for each violation of the rules, regulations, standards or requirements set 22 forth above. 23 20. AT &T must immediately and permanently be enjoined from further violations of 24 Chapter 6.5. 25 THIRD CAUSE OF ACTION 26 21. Plaintiff realleges Paragraphs 1 through 13, inclusive. 27 22. To the extent that AT &T is the operator of the underground tank systems at the Covered 28 Facilities, AT &T is liable for civil penalties as set forth in California Health and Safety Code 6 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 1 section 25299(a) for each violation of the rules, regulations, standards or requirements 2 applicable to each underground storage tank as set forth above. 3 23. AT &T, as the operator of the underground tank systems, must immediately and 4 permanently be enjoined from further violations of Chapter 6.7. 5 FOURTH CAUSE OF ACTION 6 24. Plaintiff realleges Paragraphs 1 through 13, inclusive. 7 25. To the extent that AT &T is the owner of the underground tank systems at the Covered 8 Facilities, AT &T is liable for civil penalties as set forth in California Health and Safety Code 9 section 25299(b) for each violation of the rules, regulations, standards or requirements 10 applicable to each underground storage tank as set forth above. 11 26. AT &T, as the owner of underground tank systems, must immediately and permanently 12 be enjoined from further violations of Chapter 6.7. 13 FIFTH CAUSE OF ACTION 14 27. Plaintiff realleges Paragraphs 1 through 13, inclusive. 15 28. AT &T is a person who is required to notify a local agency prior to undertaking 16 secondary containment testing pursuant to California Code of Regulations, Title 23 section 17 2637. AT &T is liable for civil penalties as set forth in California Health and Safety Code 18 section 25299(c) for each underground storage tank for which AT &T intentionally failed to 19 provide the appropriate notification. 20 29. AT &T must immediately and permanently be enjoined from further notification of 21 violations of Chapter 6.7. 22 SIXTH CAUSE OF ACTION 23 30. Plaintiff realleges Paragraphs 1 through 13, inclusive. 24 31. Pursuant to Health and Safety Code section 25516, a district attorney or city attorney, at 25 the request of an administering agency within the prosecuting agency's jurisdiction, or on the 26 district attorney's or city attorney's own motion, may apply to the superior court for an order 27 directing compliance with Chapter 6.95. 28 32. The Local Prosecutors and the Attorney General are authorized to bring this cause of 7 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 action pursuant to California Health and Safety Code section 25516.1. 33. AT &T is liable for civil penalties as set forth in California Health and Safety Code section 25514 for each violation of the California Health and Safety Code section 25504(c) as set forth above. 34. AT &T must immediately and permanently be enjoined from further violations of Chapter 6.95. SEVENTH CAUSE OF ACTION 35. Plaintiff realleges Paragraphs 1 through 34, inclusive. 36. By the acts described herein, AT &T engaged in daily acxs of unlawful and/or unfair competition prohibited by California Business and Professions Code sections 17200 - 17208. Each act constitutes an unlawful and/or unfair business practice. 137. Pursuant to California Business and Professions Code section 17206, AT &T is liable for civil penalties for each violation. 38. AT &T must immediately and permanently be enjoined from engaging in activity that violates Chapters 6.5, 6.7 and 6.95 of Division 20 of the California Health and Safety Code which thereby constitutes unfair competition within the meaning of California Business and Professions Code section 17200. WHEREFORE, PLAINTIFF PRAYS FOR THE FOLLOWING RELIEF: 1. A permanent injunction requiring AT &T to comply with those provisions of California Health and Safety Code, Division 20, Chapter 6.5 which it is alleged to have violated; 2. A permanent injunction requiring AT &T to comply with those provisions of California Health and Safety Code, Division 20, Chapter 6.7 which it is alleged to have violated; 3. A permanent injunction requiring AT &T to comply with those provisions of California Health and Safety Code, Division 20, Chapter 6.95 which it is alleged to have violated; 4. A permanent injunction prohibiting AT &T from engaging in activity that violates the provisions of Chapters 6.5, 6.7 and 6.95 of Division 20 of the California Health and Safety Code as alleged in this complaint which thereby constitutes unfair competition within the s COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 ¢; t meaning of California Business and Professions Code section 17200; 5. Civil penalties according to proof against AT &T pursuant to California Health 11 and Safety Code section 25189; 6. Civil penalties according to proof against AT &T pursuant to California Health and Safety Code section 25299; 7. Civil penalties according to proof against AT &T pursuant to California Health and Safety Code section 25514; 8. Civil penalties according to proof against AT &T pursuant to California Business and Professions Code section 17206 for each act of unfair competition engaged in by AT &T; 9. Grant the Plaintiff its cost of inspection, investigation, attorneys fees, enforcement, prosecution, and suit, herein; and, 10. Grant such other and further relief as the Court deems just and proper. RESPECTFULLY REQUESTED: Dated: January t� 2006 Dated: January t3 2006 BILL LOCKYER, Attorney General of the State of California TOM GREENE Chief Assistant Attorney General THEODORA P.BERGER Senior Assistant Attorney General REEDSATO Deputy Attorney General Attorneys for Plaintiff, People of the State of California THOMAS J. ORLOFF, District Attorney of the County of Alameda SUSAN M. TORRENCE- Deputy District Attorney Attorneys for Plaintiff, People of the State of California 9 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 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 Dated: January � 52006 Dated: January t?2006 Dated: January G 2006 Dated: January /� 2006 359y. .J STEVE COOLEY, District Attorney of the County of Los Angeles DANIEL J. WRIGHT Deputy District Attorney STANLEY P. WILLIAMS Assistant Head Deputy District Attorney Attorneys for Plaintiff, People of the State of California DEAN D. FLIPPO, District Attorney of the County of Monterey t—ATT BOGOSHIAN Deputy District Attorney Attorneys for Plaintiff, People of the State of California BONNIE M. DUMANIS, District Attorney of the County of San Diego KAREN I. DOTY Deputy District Attorney Attorneys for Plaintiff, People of the State of California JAMES P. WILLETT, District Attorney of the County of San Joaquin DA J. IRW Supervising Ow6ty District Attorney Attorneys for Plaintiff, People of the State of California io COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF s ID I Dated: January (32006 DAVID W. PAULSON, District Attorney 2 of the County of Solano 4 DANI JO HANDELL Deputy District Attorney 5 Attorneys for Plaintiff, People of the State of California 6 7 Dated: January t 3 2006 MICHAEL J. AGUIRRE, City Attorney 8 of the City of San Diego 10 STEVEN GOLD Deputy City Attorney 11 Attorneys for Plaintiff, People of the State of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 391. EXHIBIT A TO COMPLAINT :1 Address City County State Zip 1129 B STREET HAYWARD ALAMEDA CA 94541 221 WINTON AVE HAYWARD ALAMEDA CA 94544 479 45TH ST OAKLAND ALAMEDA CA 94609 2112 FRUTTVALE AVE OAKLAND ALAMEDA CA 94601 120 RAY ST PLEASANTON ALAMEDA CA 94566 4658 WILLOW ROAD PLEASANTON ALAMEDA CA 94566 15125 HESPERIAN BLVD SAN LEANDRO ALAMEDA CA 94578 2100 CENTRAL AVE ALAMEDA ALAMEDA CA 94501 1612 SOLANO AVE ALBANY ALAMEDA CA 94707 2116 BANCROFT WAY BERKELEY ALAMEDA CA 94704 36789 FREMONT BLVD FREMONT ALAMEDA CA 94536 4073 ADAMS AVE FREMONT ALAMEDA CA 94538 1880 DEPOT CT HAYWARD ALAMEDA CA 94545 2388 SECOND ST LIVERMORE ALAMEDA CA 94550 8925 HOLLY ST OAKLAND ALAMEDA CA 94621 2810 MOUNTAIN BLVD OAKLAND ALAMEDA CA 94602 4400 BLACK AVE PLEASANTON ALAMEDA CA 94566 118 E. STREET UNION CITY ALAMEDA CA 94587 1587 FRANKLIN ST OAKLAND ALAMEDA CA 94612 1206 5TH ST BERKELEY ALAMEDA CA 94710 2610 NORBRIDGE AVE CASTRO VALLEY ALAMEDA CA 94546 44900 INDUSTRIAL DR FREMONT ALAMEDA CA 94538 2324 SECOND STREET LIVERMORE ALAMEDA CA 94550 1189 58TH AVENUE OAKLAND ALAMEDA CA 94621 7240 JOHNSON DRIVE PLEASANTON ALAMEDA CA 94566 1661 DOOLITTLE DR. SAN LEANDRO ALAMEDA CA 94577 1661 DOOLITTLE DR SAN LEANDRO ALAMEDA CA 94577 0 COR CHURCH + JACKSON IONE AMADOR CA 95640 303 CHURCH ST JACKSON AMADOR CA 95642 951 S. HWY 49 JACKSON AMADOR CA 95642 518 W. 4TH STREET CHICO BUTTE CA 95926 772 ELLIOT ROAD PARADISE BUTTE CA 95969 3750 MORROW LANE CHICO BUTTE CA 95926 464 KENTUCKY STREET GRIDLEY BUTTE CA 95948 2065 MYERS ST OROVILLE BUTTE CA 95965 16 RACHEL DR OROVILLE BUTTE CA 95965 231 BELLVIEW ST SAN ANDREAS CALAVERAS CA 95249 0 FREMONT RD BEAR VALLEY CALAVERAS CA 95223 590 SAN RAMON VALLEY BL DANVILLE CONTRA COSTA CA 94526 1540 SYCAMORE AVE HERCULES CONTRA COSTA CA 94547 515 E. STREET MARTINEZ CONTRA COSTA CA 94553 2105 MACDONALD AVE RICHMOND CONTRA COSTA CA 94801 100 W. 20TH ST ANTIOCH CONTRA COSTA CA 94509 637/645 2ND STREET BRENTWOOD CONTRA COSTA CA 94513 6191 HIGH ST CLAYTON CONTRA COSTA CA 94517 1611 CLAYTON RD CONCORD CONTRA COSTA CA 94520 Page 1 EXHIBIT A TO COMPLAINT 3 ' 9 M 1714 COLFAX STREET CONCORD CONTRA COSTA CA 94520 3900 BLACKHAWK PLAZA DANVILLE CONTRA COSTA CA 94526 4849 APPIAN WAY EL SOBRANTE CONTRA COSTA CA 94803 301 STAR ST OAKLEY CONTRA COSTA CA 94561 355 CENTRAL AVE PITTSBURG CONTRA COSTA CA 94565 9768 BROADMOOR DR SAN RAMON CONTRA COSTA CA 94583 39 BETA COURT SAN RAMON CONTRA COSTA CA 94583 1755 LOCUST ST WALNUT CREEK CONTRA COSTA CA 94596 2600 CAMINO RAMON SAN RAMON CONTRA COSTA CA 94583 2745 CLOVERDALE AVE CONCORD CONTRA COSTA CA 94520 501 POMONA ST CROCKETT CONTRA COSTA CA 94525 3920 SAN PABLO DAM RD EL SOBRANTE CONTRA COSTA CA 94803 3610 HAPPY VALLEY RD LAFAYETTE CONTRA COSTA CA 94549 7 ALTARINDA RD ORINDA CONTRA COSTA CA 94563 3555 WILLOW PASS RD PITTSBURG CONTRA COSTA CA 94565 335 CENTRAL AVENUE PITTSBURG CONTRA COSTA CA 94565 2970 BEDFORD AVE PLACERVILLE ELDORADO CA 95667 4191 SUNSET LANE SHINGLE SPRINGS ELDORADO CA 95682 5030 PONY EXPRESS TRAIL CEDAR GROVE ELDORADO CA 95667 281 INDUSTRIAL AVE PLACERVILLE ELDORADO CA 95667 3107 US HWY 50 SOUTH LAKE TAHOE EL DORADO CA 95705 3107 HIGHWAY 50 MEYERS ELDORADO CA 2633 SUSSEX AVENUE SO. LAKE TAHOE ELDORADO CA 525 E. SHAW AVE CLOVIS FRESNO CA 93612 1431 MARION STREET KINGSBURG FRESNO CA 93631 198 E. DURIAN ST COALINGA FRESNO CA 93210 1445 1455 VAN NESS AVE. FRESNO FRESNO CA 93700 4781 E. TULARE ST FRESNO FRESNO CA 93702 420 W. SIERRA AVE FRESNO FRESNO CA 93704 4309 N. POLK AVE FRESNO FRESNO CA 93711 1250 ASHLAN AVE FRESNO FRESNO CA 93704 2515 S. ORANGE AVENUE FRESNO FRESNO CA 93725 1420 TUOLUMNE ST FRESNO FRESNO CA 93706 5555 E. OLIVE ST FRESNO FRESNO CA 93762 125 N. BUTTE ST WILLOWS GLENN CA 95988 832 L STREET FORTUNA HUMBOLDT CA 95540 1300 G STREET ARCATA HUMBOLDT CA 95521 1818 F STREET EUREKA HUMBOLDT CA 95501 0 4 MI S/O SCOTIA SCOTIA HUMBOLDT CA 95565 5749 HUMBOLDT HILL RD EUREKA HUMBOLDT CA 95501 0 5.5 MI N/E GRVL GARBERVILLE HUMBOLDT CA 95440 301 E. STREET BRAWLEY IMPERIAL CA 92227 100 W. SHERIDAN CALEXICO IMPERIAL CA 92231 763 STATE STREET EL CENTRO IMPERIAL CA 92243 1029 S 2ND ST EL CENTRO IMPERIAL CA 92243 1021 CALIF ST OILDALE KERN CA 93308 1918 M STREET BAKERSFIELD KERN CA 93301 3221 S. H STREET BAKERSFIELD KERN CA 93304 925 JEFFERSON STREET DELANO KERN CA 93215 Page 2 EXHIBIT A TO COMPLAINT 3 5 g 3501 COLUMBUS AVE BAKERSFIELD KERN CA 93306 11609 ROSEDALE HWY BAKERSFIELD KERN CA 93307 5650 ALDRIN CT BAKERSFIELD KERN CA 93302 8313 E. SEGRUE RD LAMONT KERN CA 93241 126 HEINLEIN LEMOORE KINGS CA 93245 516 N. DOUTY STREET HANFORD KINGS CA 93230 11091 AVENUE 101/2 HANFORD KINGS CA 93230 3775 MAIN ST KELSEYVILLE LAKE CA 95451 740 CLOVER VALLEY RD UPPER LAKE LAKE CA 95485 14902 PALMER AVE CLEARLAKE LAKE CA 95422 2510 OLD STATE HWY 53 CLEARLAKE LAKE CA 95422 555 LAKEPORT BLVD LAKEPORT LAKE CA 95453 4815 OAK GROVE LA CANADA LOS ANGELES CA 91011 25624 WALNUT ST. LOMITA LOS ANGELES CA 90717 1429 N. GOWER ST. LOS ANGELES LOS ANGELES CA 90028 7323 SUNSET BLVD. LOS ANGELES LOS ANGELES CA 90046 20660 PLUM CANYON RD SAUGUS LOS ANGELES CA 91350 29300. N. ROADSIDE DR. AGOURA HILLS LOS ANGELES CA 91301 33133 AGUA DULCE CYN. RD. AGUA DULCE LOS ANGELES CA 91350 21 S. FIRST ST. ALHAMBRA LOS ANGELES CA 91801 15 E. ALICE STREET ARCADIA LOS ANGELES CA 91006 6931 ATLANTIC BLVD. BELL LOS ANGELES CA 90201 490 N. FOOTHILL RD. BEVERLY HILLS LOS ANGELES CA 90210 280 E. PALM AVE. BURBANK LOS ANGELES CA 91502 3001 THORNTON AVE. BURBANK LOS ANGELES CA 91504 4885 LAS VIRGENES ROAD CALABASAS LOS ANGELES CA 91302 23600 PARK SORRENTO CALABASAS LOS ANGELES CA 91302 22012 & 22018 VANOWEN ST. CANOGA PARK LOS ANGELES CA 91303 28618 THE OLD ROAD CASTAIC LOS ANGELES CA 91310 2010 CENTURY PARK EAST CENTURY CITY LOS ANGELES CA 90067 608 E. COMPTON BLVD. COMPTON LOS ANGELES CA 90220 3847 CARDIFF CULVER CITY LOS ANGELES CA 90230 201 S. DOUGLAS ST. EL SEGUNDO LOS ANGELES CA 90245 16208 S. VERMONT AVE. GARDENA LOS ANGELES CA 90247 124 S. ORANGE ST. GLENDALE LOS ANGELES CA 91204 12722 BIRCH HAWI'HORNE LOS ANGELES CA 90250 6822 SANTA FE AVE. HUNTINGTON PARK LOS ANGELES CA 90255 301 LA BREA AVE. INGLEWOOD LOS ANGELES CA 90301 2320 FOOTHILL BLVD. LA CRESCENTA LOS ANGELES CA 91214 9550 PEARBLOSSOM HWY. LITTLEROCK LOS ANGELES CA 93543 8530 AIRPORT BLVD. LOS ANGELES LOS ANGELES CA 90045 10600 S. VERMONT AVE. LOS ANGELES LOS ANGELES CA 90044 6900 S. VERMONT AVE. LOS ANGELES LOS ANGELES CA 90044 3434 4TH STREET LOS ANGELES LOS ANGELES CA 90063 6135 E. WHITTIER BLVD. LOS ANGELES LOS ANGELES CA 90022 2445 DALY STREET LOS ANGELES LOS ANGELES CA 90031 1207 N. AVENUE 56 LOS ANGELES LOS ANGELES CA 90042 1255 N. VERMONT AVE. LOS ANGELES LOS ANGELES CA 90029 720 & 740 RAMPART LOS ANGELES LOS ANGELES CA 90057 Page 3 EXHIBIT A TO COMPLAINT �, �9 111 N. UNION AVE. LOS ANGELES LOS ANGELES CA 90026 433 S. OLIVE Sr. LOS ANGELES LOS ANGELES CA 90013 501 & 495 E.. VERNON AVE. LOS ANGELES LOS ANGELES CA 90011 1900 & 1904 S. GRAND LOS ANGELES LOS ANGELES CA 90007 1935 W. ADAMS BLVD. LOS ANGELES LOS ANGELES CA 90018 666 S. LA BREA LOS ANGELES LOS ANGELES CA 90036 8075 MELROSE AVE. LOS ANGELES LOS ANGELES CA 90046 24705 NEWHALL AVE. NEWHALL LOS ANGELES CA 91321 7744 LANKERSHIM BLVD. NORTH HOLLYWOOI LOS ANGELES CA 91605 11270 & 11272 MAGNOLIA BL. NORTH HOLLYWOOI LOS ANGELES CA 91601 8707 SHIRLEY AVE. NORTHRIDGE LOS ANGELES CA 91324 901 E. PALMDALE BLVD. PALMDALE LOS ANGELES CA 93550 37241 N. 47TH STREET EAST PALMDALE LOS ANGELES CA 93550 15706 PARAMOUNT BLVD. PARAMOUNT LOS ANGELES CA 90723 600 E. GREEN ST. PASADENA LOS ANGELES CA 91109 1615 N. LAKE AVE. PASADENA LOS ANGELES CA 91104 177 E. COLORADO BLVD. PASADENA LOS ANGELES CA 91105 6827 & 6843 RESEDA BLVD. RESEDA LOS ANGELES CA 91335 7840 E. GARVEY BLVD. ROSEMEAD LOS ANGELES CA 91770 105 NO. SAN GABRIEL SAN GABRIEL LOS ANGELES CA 91775 425 W. 5TH Sr. SAN PEDRO LOS ANGELES CA 90731 4480 KESTER AVE. SHERMAN OAKS LOS ANGELES CA 91403 1415 MISSION Sr. SO. PASADENA LOS ANGELES CA 91030 18211 SOLEDAD CYN. RD. SOLEMINT LOS ANGELES CA 91350 9420 LONG BEACH BLVD. SOUTH GATE LOS ANGELES CA 90280 1307 CRAVENS BLVD. TORRANCE LOS ANGELES CA 90501 6803 CEDROS AVE & 14709 V VAN NUYS LOS ANGELES CA 91405 6920 -6930 VAN NUYS BL VAN NUYS LOS ANGELES CA 91405 1418 BROAD ST. WILMINGTON LOS ANGELES CA 90744 420 S. GRAND AVE. LOS ANGELES LOS ANGELES CA 90071 3233 W. VERNON AVE. LOS ANGELES LOS ANGELES CA 90008 17200 VERMONT GARDENA LOS ANGELES CA 90247 21 W. SANTA CLARA ST. ARCADIA LOS ANGELES CA 91006 6707 SALT LAKE AVE. BELL LOS ANGELES CA 90201 6685 TOPANGA CANYON BLVD. CANOGA PARK LOS ANGELES CA 91303 26971 FURNIVALL CANYON COUNTRY LOS ANGELES CA 91350 2420 YATES AVE. COMMERCE LOS ANGELES CA 90040 806 ALAMEDA ST. COMPTON LOS ANGELES CA 90221 9919 JEFFERSON BLVD. CULVER CITY LOS ANGELES CA 90230 195 S. DOUGLAS ST. EL SEGUNDO LOS ANGELES CA 90245 191 S. DOUGLAS ST. EL SEGUNDO LOS ANGELES CA 90245 16208 S. VERMONT AVE GARDENA LOS ANGELES CA 515 PIONEER AVE. GLENDALE LOS ANGELES CA 91203 124 S. ORANGE ST GLENDALE LOS ANGELES CA 2320 W. FOOTHILL BLVD LA CANADA LOS ANGELES CA 5041 REPETTO AVE. LOS ANGELES LOS ANGELES CA 90022 316 N. JUANITA AVE. LOS ANGELES LOS ANGELES CA 90004 4100 EAGLE ROCK BLVD. LOS ANGELES LOS ANGELES CA 90065 3035 ANDRITA ST. LOS ANGELES LOS ANGELES CA 90065 Page 4 EXHIBIT A TO COMPLAINT Page 5 EXHIBIT A TO COMPLAINT 1010 WILSHIRE BLVD. LOS ANGELES LOS ANGELES CA 90017 5035 COLISEUM ST. LOS ANGELES LOS ANGELES CA 90008 608 E. COMPTON BLVD LOS ANGELES LOS ANGELES CA 6105 DELONGPRE AVENUE LOS ANGELES LOS ANGELES CA 2655 AVENUE Q PALMDALE LOS ANGELES CA 93550 901 S. RAYMOND AVE. PASADENA LOS ANGELES CA 91105 271 CARMELO AVE. PASADENA LOS ANGELES CA 91107 18333 GAULT ST. RESEDA LOS ANGELES CA 91335 8633 GRAND AVE. ROSEMEAD LOS ANGELES CA 91770 16201 RAYMER ST. VAN NUYS LOS ANGELES CA 91406 515 KING ST CHOWCHILLA MADERA CA 93610 221 SO. E STREET MADERA MADERA CA 93637 350 ALAMEDA DEL PRADO IGNACIO MARIN CA 94934 7 KING STREET LARKSPUR MARIN CA 94939 300E BLTTHEDALE AVE MILL VALLEY MARIN CA 94941 7 PRO CTR PKWY SAN RAFAEL MARIN- CA 94903 220 SHAVER ST SAN RAFAEL MARIN CA 94901 2000 BAYHILLS DR SAN RAFAEL MARIN CA 94903 1165 TIBURON BLVD. TIBURON MARIN CA 94920 360 SAN GERONIMO VALLEY SAN GERONIMO MARIN CA 94963 96 LOUISE ST SAN RAFAEL MARIN CA 94901 23 MARK DR SAN RAFAEL MARIN CA 94903 414 TURKEY ST SAUSALITO MARIN CA 94965 5.5 MI NE EL PORTAL (TURTLEBACK) YOSEMITE MAR]POSA CA 95389 SENTINAL DOME YOSEMITE MAREPOSA CA 95389 625 HOWARD ST MENDOCINO MENDOCINO CA 95460 305 W. STEPHENSON UKIAH MENDOCINO CA 95482 4.5 MI W/O LAYTONVIL LAYTONVILLE MENDOCINO CA 95454 0 IN SEC 20 T12N R15W POINT ARENA MENDOCINO CA 95468 0 6.5 MI S/E WILLITS WILLIT'S MENDOCINO CA 95490 0 SE CORNER OF PEARL WILLTTS MENDOCINO CA 95490 447 N. FRANKLIN ST FORT BRAGG MENDOCINO CA 95437 441 N. FRANKLIN Sr. FORT BRAGG MENDOCINO CA 95437 39021 S HWY 1 GUALALA MENDOCINO CA 95445 270 MAIN ST POINT ARENA MENDOCINO CA 95468 300 KUKI ROAD UKIAH MENDOCINO CA 95482 202 MADDEN WILLITS MENDOCINO CA 32750 EUREKA HILL ROAD POINT ARENA AFB MENDOCINO CA 440 18TH STREET MERCED MERCED CA 95340 1860 WARDROBE MERCED MERCED CA 95340 401 FRANKLIN ST MONTEREY MONTEREY CA 93940 340 PAJARO STREET SALINAS MONTEREY CA 93901 W/S LYNCH CYN /OAK SHORES BRADLEY MONTEREY CA 93426 0 S/ W COR JUNIPERO ST CARMEL MONTEREY CA 93921 6 W. CARMEL VLY RD CARMEL VALLEY MONTEREY CA 93924 3 SPRECKELS BLVD SALINAS MONTEREY CA 93901 33 SAN JUAN GRADE RD SALINAS MONTEREY CA 93901 5 SEVENTH STREET GONZALES MONTEREY CA 93926 17600 MORO ROAD SALINAS MONTEREY CA 93901 Page 5 EXHIBIT A TO COMPLAINT Page 6 EXHIBIT A TO COMPLAINT 316 GRIFFIN ST SALINAS MONTEREY CA 93901 1060 TERVEN ST SALINAS MONTEREY CA 93901 1300 CLAY ST NAPA NAPA CA 94558 230 CAMINO ORUGA CT NAPA NAPA CA 94558 2.30 CAMINO ORUGA CT NAPA NAPA CA 94558 1240 OAK AVE ST. HELENA NAPA CA 94574 305 SPRING ST NEVADA CITY NEVADA CA 95959 10022 SPRING STREET TRUCKEE NEVADA CA %161 23337 STATE HWY 49 GRASS VALLEY NEVADA CA 95945 315 COLFAX AVE GRASS VALLEY NEVADA CA 95945 23011 EL TORO EL TORO ORANGE CA 92630 33 BUNSEN IRVINE ORANGE CA 92618 4245 CHAPMAN ORANGE ORANGE CA 92668 2525 ORANGE -OLIVE ORANGE ORANGE CA 92665 401 CALLE LOS MOL SAN CLEMENTE ORANGE CA 92672 25762 CAMINO DEL AVION SAN JUAN CAPISTRA ORANGE CA 92675 5117 W. 1ST STREET SANTA ANA ORANGE CA 92703 1971 IRVINE TUSTIN ORANGE CA 92680 217 N. LEMON ST. ANAHEIM ORANGE CA 92805 3502 W ORANGE ANAHEIM ORANGE CA 92804 3031 E. LA PALMA ANAHEIM ORANGE CA 92806 200 CENTER ST. PROMENADE ANAHEIM ORANGE CA 92805 7295 COLUMBUS DRIVE ANAHEIM ORANGE CA 92801 311 E. BALBOA BALBOA ORANGE CA 92661 245 ORANGE BREA ORANGE CA 92621 7701 ARTESIA BUENA PARK ORANGE CA 90620 8925 ORANGETHORPE BUENA PARK ORANGE CA 90621 4302 FORD ROAD (NEWPORT B CORONA DEL MAR ORANGE CA 92660 1786 -96 ORANGE AVE COSTA MESA ORANGE CA 92627 143/7 E.AMERIGE FULLERTON ORANGE CA 92632 13062 EUCLID ST GARDEN GROVE ORANGE CA 92643 2350 MAIN STREET IRVINE ORANGE CA 92714 4918 IRVINE CNTR DRIVE IRVINE ORANGE CA 92714 24421 ALISO CREEK RD LAGUNA NIGUEL ORANGE CA 92677 27826 CENTER DRIVE MISSION VIEJO ORANGE CA 92692 911 E CHAPMAN ORANGE ORANGE CA 92666 901 E. KATELLA ORANGE ORANGE CA 92667 1102 E. YORBA LINDA PLACENTIA ORANGE CA 92670 30161 AVENTURA RANCHO STA MARG. ORANGE CA 92688 507 N BUSH SANTA ANA ORANGE CA 92701 3220 BRISTOL ST SANTA ANA ORANGE CA 92704 1452 EDINGER TUSTIN ORANGE CA 92680 19451 YORBA LINDA YORBA LINDA ORANGE CA 92686 24875 CORBIT PLACE YORBA LINDA ORANGE CA 92687 3923/ 3925 E. CORONADO ANAHEIM ORANGE CA 92807 8401 PAGE BUENA PARK ORANGE CA 90621 2280 FAIRVIEW COSTA MESA ORANGE CA 92626 4918 IRVINE CENTER DR. IRVINE ORANGE CA 27472 CAMINO CAPISTRANO LAGUNA NIGUEL ORANGE CA 92677 Page 6 EXHIBIT A TO COMPLAINT 27402 CAMINO CAPISTRANO LAGUNA NIGUEL ORANGE CA 92677 311 E. BALBOA NEWPORT BEACH ORANGE CA 14451 MYFORD RD TUSTIN ORANGE CA 92680 0 WALNUT STREET LOOMIS PLACER CA 95650 9051 OLD HWY 80 NEWCASTLE PLACER CA 95658 1125 LINCOLN WAY AUBURN PLACER CA 95603 5115 HIGH ST ROCKLIN PLACER CA 95677 12920 EARHART AVE AUBURN PLACER CA 95603 23337 STATE HWY 49 AUBURN PLACER CA 3.6 MI NO. OF BROCKAWAY BROCKWAY PLACER CA 0 TRUCKEE - TAHOE CITY NORTH TAHOE PLACER CA 95700 25 MAIN ST QUINCY PLUMAS CA 95971 4821 PEDLEY PEDLEY RIVERSIDE CA 92509 16991 VAN BUREN BLVD RIVERSIDE RIVERSIDE CA 92504 9129 MAGNOLIA & 3850 JACK ARLINGTON RIVERSIDE CA 92503 511 JOY CORONA RIVERSIDE CA 91720 3580 ORANGE RIVERSIDE RIVERSIDE CA 92501 3073 ADAMS RIVERSIDE RIVERSIDE CA 92504 7931 CALIFORNIA AVE FAIR OAKS SACRAMENTO CA 95628 4752 ARCO ARENA BLVD. NORTH SACRAMENT SACRAMENTO CA 95815 6700 7TH STREET RIO LINDA SACRAMENTO CA 95673 3809 FLORIN RD SACRAMENTO SACRAMENTO CA 95823 6441 CRAIGHURST DRIVE NORTH HIGHLANDS SACRAMENTO CA 95660 2594 RIO LINDA BLVD NORTH SACRAMENT SACRAMENTO CA 95815 3601 KINGS WAY SACRAMENTO SACRAMENTO CA 95821 3333 BRADSHAW RD SACRAMENTO SACRAMENTO CA 95820 3524 MARCONI AVE SACRAMENTO SACRAMENTO CA 95821 1407/1423 JSTREET SACRAMENTO SACRAMENTO CA 95814 1020 ST ANDREWS DRIVE FOLSOM SACRAMENTO CA 95630 12700 FOLSOM BLVD FOLSOM SACRAMENTO CA 95630 5951 MAIN ORANGEVALE SACRAMENTO CA 95662 2615 MERCANTILE DR RANCHO CORDOVA SACRAMENTO CA 95670 2700 WATT AVENUE SACRAMENTO SACRAMENTO CA 95821 1590 JULIESSE AVE SACRAMENTO SACRAMENTO CA 95815 2216 STOCKTON BLVD SACRAMENTO SACRAMENTO CA 95817 1821 24TH ST SACRAMENTO SACRAMENTO CA 95816 8295 FRUITRIDGE RD SACRAMENTO SACRAMENTO CA 95826 3675 T STREET SACRAMENTO SACRAMENTO CA 95816 540 SALLY STREET HOLLISTER SAN BENITO CA 95023 110 3RD ST SAN JUAN SAN BENITO CA 95045 26840 BASELINE HIGHLAND SAN BERNARDINO CA 92346 16816 ARROW FONTANA SAN BERNARDINO CA 92335 495 S. RIVERSIDE RIALTO SAN BERNARDINO CA 92376 120 SOUTH LINCOLN EL CAJON SAN DIEGO CA 92020 9580 LAKEVIEW RD LAKESIDE SAN DIEGO CA 92040 716 HIGHLAND NATIONAL CITY SAN DIEGO CA 91950 14010 14016 MIDLAND AVE POWAY SAN DIEGO CA 92064 325 TENTH RAMONA SAN DIEGO CA 92065 8865 CUYAMACA SANTEE SAN DIEGO CA 92071 Page 7 EXHIBIT A TO COMPLAINT - r 0 2249 W. VICTORIA DR ALPINE SAN DIEGO CA 91901 3368 HARDING CARLSBAD SAN DIEGO CA 92008 2175 CAMINO VIDA ROBLE CARLSBAD SAN DIEGO CA 92008 420 THIRD CHULA VISTA SAN DIEGO CA 91910 1090 APACHE CHULA VISTA SAN DIEGO CA 91910 756 ORANGE AVE. CORONADO SAN DIEGO CA 92118 3020 DELMAR HEIGHTS DEL MAR SAN DIEGO CA 92014 119/139 ROSEBAY DRIVE ENCINITAS SAN DIEGO CA 92024 146 SO BROADWAY ESCONDIDO SAN DIEGO CA 92025 2ND AND BROADWAY ESCONDIDO SAN DIEGO CA 92025 717 STAGE COACH LANE FALLBROOK SAN DIEGO CA 92028 1288 PALM IMPERIAL BEACH SAN DIEGO CA 91932 7569 GIRARD LA JOLLA SAN DIEGO CA 92037 4711 SPRING LA MESA SAN DIEGO CA 91941 2225 MISSION AVE OCEANSIDE SAN DIEGO CA 92054 1670 CACTUS RD OTAY MESA SAN DIEGO CA 92101 2825 GARNET PACIFIC BEACH SAN DIEGO CA 92109 1075 HORNBLEND PACIFIC BEACH SAN DIEGO CA 92109 11865 RANCHO BERNARDO RANCHO BERNARDC SAN DIEGO CA 92128 9554 TWIN TRAILS DR RANCHO PENASQUT SAN DIEGO CA 92129 2966 JAMACHA ROAD RANCHO SAN DIEGC SAN DIEGO CA 92041 5928 LINEA DEL CIELO RANCHO SANTA FE SAN DIEGO CA 92067 4569 COLLEGE AVE SAN DIEGO SAN DIEGO CA 92115 3704 TENNYSON SAN DIEGO SAN DIEGO CA 92107 9341 REGENTS RD SAN DIEGO SAN DIEGO CA 92037 7847 LINDA VISTA SAN DIEGO SAN DIEGO CA 92111 9059 MIRA MESA SAN DIEGO SAN DIEGO CA 92126 7650 CONVOY CT SAN DIEGO SAN DIEGO CA 92100 1125 NINTH SAN DIEGO SAN DIEGO CA 92101 4890 MARKET SAN DIEGO SAN DIEGO CA 92102 2228 SAIPAN SAN DIEGO SAN DIEGO CA 92139 225 NO LAS POSAS RD SAN MARCOS SAN DIEGO CA 92069 3930 BEYER SAN YSIDRO SAN DIEGO CA 92073 28523 COLE GRADE RD VALLEY CENTER SAN DIEGO CA 92082 234 INDIANA VISTA SAN DIEGO CA 92083 4042 37TH STREET SAN DIEGO SAN DIEGO CA 92105 7337 TRADE STREET SAN DIEGO SAN DIEGO CA 92121 650 ROBINSON AVE SAN DIEGO SAN DIEGO CA 92103 880 PALM CANYON DR BORREGO SPRINGS SAN DIEGO CA 92004 778 ORANGE CORONADO SAN DIEGO CA 92118 435 JOHNSON EL CAJON SAN DIEGO CA 92020 950 W. WASHINGTON AVE ESCONDIDO SAN DIEGO CA 92025 2229 MISSION AVE OCEANSIDE SAN DIEGO CA 92054 7910 OTHELLO SAN DIEGO SAN DIEGO CA 92111 9790 OLSON DRIVE SAN DIEGO SAN DIEGO CA 92123 7250 CONVOY CT. SAN DIEGO SAN DIEGO CA 92111 7597 RAYTHEON RD. SAN DIEGO SAN DIEGO CA 92111 3850 ASH AVENUE SAN DIEGO SAN DIEGO CA 92105 3750 HOME AVE SAN DIEGO SAN DIEGO CA 92105 Page 8 EXHIBIT A TO COMPLAINT I MCCOPPIN ST SAN FRANCISCO SAN FRANCISCO CA 94103 470 W. PORTAL AVE SAN FRANCISCO SAN FRANCISCO CA 94127 3333 25TH ST SAN FRANCISCO SAN FRANCISCO CA 94110 389 9TH AVE SAN FRANCISCO SAN FRANCISCO CA 94118 2345 PINE ST SAN FRANCISCO SAN FRANCISCO CA 94115 1515 19TH AVE SAN FRANCISCO SAN FRANCISCO CA 94122 555 PINE STREET SAN FRANCISCO SAN FRANCISCO CA 94108 611 FOLSOM ST SAN FRANCISCO SAN FRANCISCO CA 94107 610 BRANNAN STREET SAN FRANCISCO SAN FRANCISCO CA 94107 1330 16TH ST SAN FRANCISCO SAN FRANCISCO CA 94103 1812 COLEY AVE ESCALON SAN JOAQUIN CA 95320 124 W. ELM ST LODI SAN JOAQUIN CA 95241 345 N. SAN JOAQUIN STOCKTON SAN JOAQUIN CA 95202 907 LINCOLN RD STOCKTON SAN JOAQUIN CA 95207 10 E. 12TH STREET TRACY SAN JOAQUIN CA 95376 7644 N. ASHLEY LANE STOCKTON SAN JOAQUIN CA 95205 2300 E. EIGHT MILE RD. STOCKTON SAN JOAQUIN CA 95205 4051 NEWTON RD STOCKTON SAN JOAQUIN CA 95205 788 MAIN STREET MORRO BAY SAN LUIS OBISPO CA 93442 730 15TH STREET PASO ROBLES SAN LUIS OBISPO CA 93446 225 N. HALCYON RD ARROYO GRANDE SAN LUIS OBISPO CA 93420 6220 ATASCADERO AVE ATASCADERO SAN LUIS OBISPO CA 93422 133 SAN RAFAEL ST AVILA BEACH SAN LUIS OBISPO CA 93424 2053 10TH STREET BAYWOOD PARK SAN LUIS OBISPO CA 93401 65 13TH STREET CAYUCOS SAN LUIS OBISPO CA 93430 908 28TH ST PASO ROBLES SAN LUIS OBISPO CA 93446 196 SUBURBAN RD SAN LUIS OBISPO SAN LUIS OBISPO CA 93401 1121 JEFFERSON AVE REDWOOD CITY SAN MATEO CA 94063 1101 SAN MATEO AVE SAN BRUNO SAN MATEO CA 94066 1480 BURLINGAME AVE BURLINGAME SAN MATEO CA 94010 0 KELLY AVE HALF MOON BAY SAN MATEO CA 94019 2950 SANDHILL RD MENLO PARK SAN MATEO CA 94025 10 MAGNOLIA AVE MILLBRAE SAN MATEO CA 94030 325 REINA DEL MAR PACIFICA SAN MATEO CA 94044 537 LAUREL ST SAN CARLOS SAN MATEO CA 94070 23 28TH AVE SAN MATEO SAN MATEO CA 94403 1477 HUNTINGTON AVE SOUTH SAN FRANCRf SAN MATEO CA 94080 262 E. 19TH AVE SAN MATEO SAN MATEO CA 94403 305 HOPE ST MOUNTAIN VIEW SANTA CLARA CA 94040 345 HAMILTON AVE PALO ALTO SANTA CLARA CA 94301 3350 BIRCH ST PALO ALTO SANTA CLARA CA 94306 155 S. WHITE RD SAN JOSE SANTA CLARA CA 95127 234 CARROLL ST SUNNYVALE SANTA CLARA CA 94086 61 N. SAN ANTONIO AVE LOS ALTOS SANTA CLARA CA 94022 76 CARLO ST MILPITAS SANTA CLARA CA 95035 1615 FOXWORTHY RD SAN JOSE SANTA CLARA CA 95118 20 SHENADO PLACE SAN JOSE SANTA CLARA CA 95136 6801 ALMADEN RD SAN JOSE SANTA CLARA CA 95120 3880 SAN FELIPE RD SAN JOSE SANTA CLARA CA 95121 Page 9 EXHIBIT A TO COMPLAINT 205 BAILEY AVE SAN JOSE SANTA CLARA CA 6245 DIAL WAY SAN JOSE SANTA CLARA CA 1717 BELLOMY ST SANTA CLARA SANTA CLARA CA 1140 N. MATHILDA AVE SUNNYVALE SANTA CLARA CA 95 ALMADEN AVE SAN JOSE SANTA CLARA CA 2211 JUNCTION AVENUE SAN JOSE SANTA CLARA CA 1700 SPACE PARK DR SANTA CLARA SANTA CLARA CA 190 N. FIFTH ST SAN JOSE SANTA CLARA CA 145 S MONTGOMERY STREET SAN JOSE SANTA CLARA CA 3475B N. FIRST ST. SAN JOSE SANTA CLARA CA 3042 ROSE AVE SAN JOSE SANTA CLARA CA 3598 HILLCAP AVE SAN JOSE SANTA CLARA CA 5285 DOYLE RD SAN JOSE SANTA CLARA CA 1654 BURDETTE AVENUE SAN JOSE SANTA CLARA CA 485 SO. MONROE ST. SAN JOSE SANTA CLARA CA 20 CALIFORNIA AVE SAN MARTIN SANTA CLARA CA 3025 RAYMOND ST SANTA CLARA SANTA CLARA CA 1188 EVELYN AVENUE SUNNYVALE SANTA CLARA CA 9575 LOVECREEK BEN LOMOND SANTA CRUZ CA 6206 HWY 9 FELTON SANTA CRUZ CA 709 CENTER ST SANTA CRUZ SANTA CRUZ CA 3640 CAPTTOLA RD SANTA CRUZ SANTA CRUZ CA 855 POLO AVE APTOS SANTA CRUZ CA 340 RODRIGUEZ ST WATSONVILLE SANTA CRUZ CA 7070 SOQUEL AVE SANTA CRUZ SANTA CRUZ CA 4623 SCOTTS VALLEY DRIVE SCOTTS VALLEY SANTA CRUZ CA 515 CHAPPELL RD. WATSONVILLE SANTA CRUZ CA 2225 HARTNELL AVE REDDING SHASTA CA 1638 PINE ST REDDING SHASTA CA 0 HOADLEY PK TRINITY FRENCH GULCH SHASTA CA 4434 MOUNTAIN LAKES BLVD. REDDING SHASTA CA 4710 MOUNTAIN LAKES REDDING SHASTA CA 1608 MCCONNELL ST SHASTA LAKE SHASTA CA 0 SEC 12 T19N R10E GALLOWAY RIDGE SIERRA CA 314 PINE STREET YREKA SISKTYOU CA 5964 SHASTA AVE DUNSMUIR SISKTYOU CA 108 OREM STREET MOUNT SHASTA SISKTYOU CA 117 S. WEED BLVD WEED SISKTYOU CA 935 E. 2ND ST BENICIA SOLANO CA 738 WEBSTER FAIRFIELD SOLANO CA 340 ELIZABETH ST VACAVILLE SOLANO CA 730 CAROLINA ST VALLEJO SOLANO CA 3235 N. TEXAS STREET FAIRFIELD SOLANO CA 249 LOPES RD CORDELIA SOLANO CA 5210 COMMERCE BLVD ROHNERT PARK SONOMA CA 17021 CEDAR AVE SONOMA SONOMA CA 9499 OLD REDWOOD HWY COTATI SONOMA CA 247 EAST STREET HEALDSBURG SONOMA CA 3713 BOHEMIA HIGHWAY OCCIDENTAL SONOMA CA 95141 95129 95050 94086 95113 95131 95050 95197 95110 95134 95127 95136 95129 95046 95050 94086 95005 95018 95060 95060 95003 95076 95060 95060 95076 96002 96001 96033 96003 96003 95936 96097 96025 96067 96094 94510 94533 95688 94590 94533 94533 94928 95476 94928 95448 95465 Page 10 EXHIBIT A TO COMPLAINT 125 LIBERTY ST PETALUMA SONOMA CA 94952 6000 STATE FARM DR ROHNERT PARK SONOMA CA 94928 516 THIRD STREET SANTA ROSA SONOMA CA 95401 478 LOS ALAMOS RD SANTA ROSA SONOMA CA 95405 7430 BODEGA AVE SEBASTOPOL SONOMA CA 95472 3884 SEBASTOPOL RD SANTA ROSA SONOMA CA 95401 3260 SEBASTOPOL RD 1 SANTA ROSA SONOMA CA 95407 325 N. CENTER ST TURLOCK STANISLAUS CA 95380 1025 13TH STREET MODESTO STANISLAUS CA 95354 2728 3RD ST MODESTO STANISLAUS CA 95351 1548 CARPENTER RD MODESTO STANISLAUS CA 95351 1412 GRANITE LANE MODESTO STANISLAUS CA 95351 121 POPLAR AVE OAKDALE STANISLAUS CA 95361 551 S. CENTER ST TURLOCK STANISLAUS CA 95380 0 N/ W COR 2ND + D ST. MERIDIAN SUTTER CA 95957 0 N/ W COR PLGV AVENUE PLEASANT GROVE SUTTER,' CA 95668 960 FRANKLIN BLVD YUBA CITY SUTTER CA 95991 1314 MARIN ST CORNING TEHAMA CA 96021 533 HICKORY ST RED BLUFF TEHAMA CA %075 140 N. L STREET TULARE TULARE CA 93274 217 W. ACEQUTA ST VISALIA TULARE CA 93277 149 N. HOCKETT ST PORTERVILLE TULARE CA 93257 526 N. BARNETT TIPTON TULARE CA 93272 245 CAIN AVE VISALIA TULARE CA 93277 0 SECO STREET JAMESTOWN TUOLUMNE CA 95327 0 N/S PINECRT AVE PINECREST TUOLUMNE CA 95364 31 WILLIAM ST SONORA TUOLUMNE CA 95370 142 W. PONDEROSA SONORA TUOLUMNE CA 95370 22940 EAST AVENUE TWAIN HARTE TUOLUMNE CA 739 E. SANTA CLARA ST. VENTURA VENTURA CA 93001 4220 E. MAIN ST. VENTURA VENTURA CA 93003 233 A STREET FILLMORE VENTURA CA 93015 400 MINOR ST. MOORPARK VENTURA CA 93021 202 W.OJAI OJAI VENTURA CA 93023 10609 TELEGRAPH RD. SATICOY VENTURA CA 93003 2692 LOS ANGELES AVE. SIMI VENTURA CA 93065 2250 WARD AVENUE SIMI VENTURA CA 93065 1264 CALLENS RD, VENTURA VENTURA CA 93003 629 LINCOLN AVE WOODLAND YOLO CA 95695 917 JEFFERSON BLVD WEST SACRAMENTO YOLO CA 95691 3900 CHANNEL DR WEST SACRAMENTO YOLO CA 95691 230 C STREET DAVIS YOLO CA 95616 1777 CEBRIAN STREET WEST SACRAMENTO YOLO CA 95691 421 F STREET MARYSVILLE YUBA CA 95901 Page I I EXHIBIT A TO COMPLAINT ol 359$.,8NJd EXHIBIT B (Business and Professions Code § 17200 Penalty Splits) Alameda $ 1,285,000.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 Alpine $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Amador $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Attorney General $ 1,285,000.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 Butte $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Calaveras $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Contra Costa $ 151,000.00 $ 37,750.00 $ 37,750.00 $ 37,750.00 $ 37,750.00 El Dorado $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Humboldt $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Kings $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Lake $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Los Angeles City $ 125,000.00 $ 31,250.00 $ 31,250.00 $ 31,250.00 $ 31,250.00 Los Angeles $ 845,000.00 $ 181,250.00 $ 191,250.00 $ 161,250.00 $ 191,250.00 Madera $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Mariposa $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Mendocino $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Merced $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Monterey $ 1,285,000.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 Nevada $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Orange $ 100,000.00 $ 25,000.00 $ 25,000.00 E 25,000.00 $ 25,000.00 Riverside $ 50,000.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 San Benito $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 San Bernardino $ 50,000.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 Exhibit B - To Consent Judgment in People v. Pacific Bell Telephone Company 3 Q, V! EXHIBIT B (Business and Professions Code § 17200 Penalty Splits) San Diego City $ 845,000.00 $ 181,250.00 $ 181,250.00 $ 181,250.00 $ 181,250.00 San Diego $ 1,285,000.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 San Joaquin $ 1,285,000.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 San Luis Obispo $ 125,000.00 $ 31,250.00 $ 31,250.00 $ 31,250.00 $ 31,250.00 Santa Clara $ 50,000.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 Shasta $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Sierra $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Siskiyou $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Solano $ 1,285,000.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 $ 321,250.00 Sonoma $ 151,000.00 $ 37,750.00 $ 37,750.00 $ 37,750.00 $ 37,750.00 Stanislaus $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Tehama $ 91000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Trinity $ 91000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Tuolumne $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Yuba $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 10,000,000.00 $ 2,500,000.00 $ 2,500,000.00 $ 2,500,000.00 $ 2,500,000.00 Exhibit B - To Consent Judgment in People v. Pacific Bell Telephone Company EXHIBIT C EXHIBIT C (Health and Safety Code § 25299 Penalty Splits) Alameda - Alameda County Environmental Health $ 128,000.00 $ 31,500.00 $ . 31,500.00 $ 31,500.00 $ 31,500.00 Alameda - Berkeley Toxics Management Division $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Alameda - Fremont Fire $ 58,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.00 Alameda - Hayward Fire $ 58,000.00 $ 14,000.00 $ 44,000.00 $ 14,000.00 $ 14,000.00 Alameda - Livermore /PleasantonfIre $ 15,000.00 $ 3,750.00 $ 3,750.00 $ 3,750.00 $ 3,750.00 Alameda - Oakland Fire Department $ 112,000.00 $ 28,000.00 $ 28,000.00 $ 28,000.00 S 28,000.00 Alameda -San Leandro Fire $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Alameda -Union City Environmental Programs Division $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 S 750.00 Alpine $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Amador $ 81000.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 Butte $ 58,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.00 Calaveras $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Contra Costa $ 83,000.00 $ 15,750.00 $ 15,750.00 $ 15,750.00 $ 15,750.00 El Dorado $ 12,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 Fresno $ 174,000.00 $ 43,500.00 $ 43,500.00 $ 43,500.00 $ 43,500.00 Humboldt $ 15,000.00 $ 3,750.00 $ 3,750.00 $ 3,750.00 = 3,750.00 Imperial $ 59,000.00 $ 14,750.00 $ 14,750.00 $ 14,750.00 $ 14,750.00 Kern - City of Bakersfield Fire Department $ 59,000.00 $ 14,750.00 $ 14,750.00 1 $ 14,750.00 $ 14,750.00 Kern - Environmental Health Services Department $ 12,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 Kings $ 59,000.00 $ 14,750.00 $ 14;750.00 $ 14,750.00 1 $ 14,750.00 Lake $ 82,000.00 1 $ 15,500.00 $ 15,500.00 $ 15,500.00 1 $ 15,500.00 Exhibit C - To Consent Judgment in People v. Pacific Bell Telephone Company 3j9g . r s EXHIBIT C (Health and Safety Code § 25299 Penalty Splits) Los Angeles - Burbank $ 8,000.00 $ 11500.00 $ 11500.00 $ 11500.00 $ 1,500.00 Los Angeles - El Segundo $ 8,000.00 $ 1,500.00 $ 11500.00 $ 11500.00 S 1,500.00 Los Angeles - Glendale $ 8,000.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 Los Angeles - Los Angeles City $ 205,000.00 $ 51,250.00 $ 51,250.00 $ 51,250.00 $ 51,250.00 Los Angeles - Pasadena $ 62,000.00 $ 15,500.00 $ 15,500.00 $ 15,500.00 $ 15,500.00 Los Angeles - Torrance Fire Dept $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 S 750.00 Los Angeles County CUPA - Los Angeles County Public Works $ 440,000.00 $ 110,000.00 $ 110,000.00 $ 110,000.00 $ 110,000.00 Madera $ 8,000.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 Mahn $ 77,000.00 $ 19,250.00 $ 19,250.00 $ 19,250.00 $ 19,250.00 Mariposa $ 8,000.00 $ 1,500.00 $ 1,500.00 $ 11500.00 $ 1,500.00 Mendocino $ 71,000.00 $ 17,750.00 $ 17,750.00 $ 17,750.00 $ 17,750.00 Merced $ 53,000.00 $ 13,250.00 $ 13,250.00 $ 13,250.00 $ 13,250.00 Monterey County CUPA $ 74,000.00 $ 18,500.00 $ 18,500.00 $ 18,500.00 $ 18,500.00 Napa $ 53,000.00 $ 13,250.00 $ 13,250.00 $ 13,250.00 $ 13,250.00 Nevada $ 12,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 Orange - Anaheim Fire Department $ 65,000.00 $ 18,250.00 $ 18,250.00 $ 18,250.00 $ 18,250.00 Orange - City of Fullerton Environmental Health $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Orange - City of Orange Fire Department $ 12,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 Orange- Orange County Environmental Health $ 169,000.00 $ 42,250.00 $ 42,250.00 $ 42,250.00 $ 42,250.00 Orange - Santa Ana Fire Department $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Exhibit C - To Consent Judgment in People v. Pacific Bell Telephone Company EXHIBIT C (Health and Safety Code § 25299 Penalty Splits) Placer $ 18,000.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 S 4,500.00 Riverside • $ 65,000.00 $ 16,250.00 $ 16,250.00 $ 16,250.00 $ 16,250.00 Sacramento $ 51,000.00 $ 12,750.00 $ f4750.00 $ 12,750.00 $ 12,750.00 San Benito $ 6,000.00 $ 1,500.00 $ 11500.00 i 11500.00 $ 1,500.00 San Bernardino $ 9,000.00 $ 2,250.00 $ 2,250.00 S 2,250.00 $ 2,250.00 San Diego County Environmental Health Department $ 341,000.00 $ 85,250.00 $ 85,250.00 $ 85,250.00 $ 85,250.00 San Francisco $ 24,000.00 $ 6,000.00 $ 6,000.00 S 61000.00 $ 0,000.00 San Joaquin County Environmental Health Department $ 238,000.00 $ 59,500.00 $ 59,500.00 $ 59,500.00 $ 59,500.00 San Luis Obispo $ 124,000.00 $ 31,000.00 $ 31,000.00 $ 31,000.00 $ 31,000.00 San Mateo $ 77,000.00 $ 19,250.00 $ 19,250.00 $ 19,250.00 $ 19,250.00 Santa Clara - City of Mountain View Fire $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Santa Clara - City of San Jose - Fire Department $ 142,000.00 $ 35,500.00 $ 35,500.00 $ 35,500.00 S 35,500.00 Santa Clara - City of Santa Clara Fire Department S 6,000.00 $ 11500.00 $ 11500.00 $ 11500.00 S 1,500.00 Santa Clara - City of Milpitas Fire Department S 3,000.00 S 750.00 $ 750.00 $ 750.00 $ 750.00 Santa Clara - County of Santa Clara Environmental Health $ 9,000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 Santa Clara - Palo Alto Fire $ 61000.00 $ 11500.00 $ 11500.00 $ 11500.00 $ 1,500.00 Santa Clara -Sunnyvale Department of Public Safety $ 91000.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 $ 2,250.00 3 Exhibit C - To Consent Judgment in People v. Pacific Bell Telephone Company 3590•:`. EXHIBIT C (Health and Safety Code § 25299 Penalty Splits) Santa Cruz $ 71,000.00 $ 17,750.00 $ 1 ,750.90 $!17!,750.001$ 17,750.00 Shasta $ 12,000.00 $ 3,000.00 33,000.00 3,000.00 Sierra $ 3,000.00 $ 750.00 $ 750.00 750.00 Siskiyou $ 12,000.00 $ 3,000.001$ 3,000.00 $ 3,000.00 $ 3,000.00 Solano $ 62,000.00 $ 15,500.00 $ 15,500.00 $ 15,500.00 $ 15,500.00 Sonoma - City of Healdsburg /City of Sebastopol $ 6,000.00 $ 11500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 Sonoma - County of Sonoma - Dept. of Emergency Services $ 15,000.00 $ 3,750.00 $ 3,750.00 $ 3,750.00 $ 3,750.00 Sonoma - Petaluma Fire Department $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Sonoma - Santa Rosa Fire $ 56,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.00 Stanislaus $ 109,000.00 $ 27,250.00 $ 27,250.00 $ 27,250.00 S 27,250.00 Tehama $ 6,000.00 $ 1,500.00 $ 1,500.00 $ 11500.00 $ 1,500.00 Trinity $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Tulare $ 12,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 Tuolumne $ 62,000.00 $ 15,500.00 $ 15,500.00 $ 15,500.00 $ 15,500.00 Ventura $ 74,000.00 $ 18,500.00 $ 18,500.00 $ 18,500.00 $ 18,500.00 Yolo $ 85,000.00 $ 16,250.00 $ 16,250.00 $ 16,250.00 $ 16,250.00 Yuba $ 3,000.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Total of §25299 Payments $ 4,000,000.00 $ 11000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 4 Exhibit C - To Consent Judgment in People v. Pacific Bell Telephone Company 35 9 EXHIBIT D Exhibit "D" to Consent Judgment for Civil Penalties and Injunctive Relief, People v Pacific Bell Telephone Company dba AT &T California DECLARATION FOR RECEIPT OF CIVIL PENALTIES PAID PURSUANT TO COURT ORDER, PEOPLE v PACIFIC BELL TELEPHONE COMPANY DBA AT &T CALIFORNIA I, (Name of Declarant), declare as follows: 1. I am the Title for (Name of A eg .ncy). I am authorized to make this declaration on behalf of the agency. I have personal knowledge of the facts stated in this declaration and if called to testify regarding those facts, I would do so. 2. (Name of Agency) has a special account as required by California Health and Safety Code section 25299(h)(2) in which it can deposit any penalties or fines pursuant to California Health and Safety Code section 25299(h)(1). Furthermore, any fines or penalties deposited into that special account can be expended only to fund the activities of (Name of Agency) in enforcing Chapter 6.7, Division 20, California Health and Safety Code with the jurisdiction of the agency pursuant to the uniform program specified in Chapter 6.11, Division 20, California Health and Safety Code. 3. Any civil penalties paid to (Name of Agency) , pursuant to the order of the Superior Court in the matter of People v Pacific Bell Telephone Company dba AT &T California will be deposited into the special account referenced in Paragraph 2, above. 4. (Name of Agency) has received a copy of the Consent Judgment entered in People v. Pacific Bell Telephone Company dba AT &T California. 5. I understand that if the civil penalties paid to (Name of Agency) are not deposited into the special account or used as required, there can be sanctions taken against (Name of Agency) for violation of the order of the Superior Court. I declare under the laws of the State of California that the foregoing is true and correct. Executed this (Day of monthj day of fflonth. Year) in LQiAyJ, California. (Signature (Name of Declarant] Exhibit "D" to Consent Judgment for Civil Penalties and Injunctive Relief EXHIBIT E Exhibit "E" Outline of California Compliance Management System (CCMS) Program Components A. Program Outline Settling Defendant will implement a Compliance Management System in the areas of hazardous waste, hazardous materials, and underground storage tanks at each of the Covered Facilities that remain in operation at the time of entry of the Consent Judgment and any other facility of Settling Defendant which uses underground tank systems and which first commences operations after entry of the Consent Judgment (collectively referred to as "CCMS Facilities). The CCMS will incorporate the eight components outlined below: 1. Corporate Environmental Compliance Commitment 2. Environmental Compliance Staffing and Organizational Structure 3. Environmental Compliance Requirement Identification 4. Environmental Compliance Procedures 5. Environmental Compliance Training and Awareness 6. Environmental Compliance Information Systems 7. Environmental Compliance Verification and Auditing 8. Environmental Compliance Measurement and Accountability The CCMS will be designed to achieve each of the component objectives stated below and will include the elements described in the following sections. B. Corporate Environmental Compliance Commitment Component Objective: To establish a "culture of environmental compliance" throughout the organization. Exhibit "E" to Consent Judgment for Civil Penalties and Injunctive Relief Page 1 of 6 c' s Component Elements: This component consists of the following elements: 1. Adoption of a corporate environmental policy that clearly communicates management commitment to achieving environmental compliance and continuous improvement in environmental performance. ( *)' 2. Establishment of an Executive Environmental Council to oversee CCMS implementation and California environmental performance. ( *) 3. Incorporation of environmental performance objectives in key environmental and key non - environmental employee position descriptions and incorporation of environmental considerations in hiring and disciplinary decisions as appropriate. Covered non - environmental employee positions include business unit Environmental Coordinators, Site Managers, and other business unit employees that Settling Defendant may identify. C. Environmental Compliance Staffing and Organizational Structure Component Objective: To clearly define roles and responsibilities for environmental compliance and provide adequate resources to carry out assigned responsibilities. Component Elements: This component consists of the following elements: 1. Development of organizational roles and responsibilities for environmental compliance and CCMS implementation covering Environmental Management staff and Business Unit staff. ( *) 2. Establishment of business unit Environmental Coordinators to coordinate overall business unit environmental functions, Site Managers to provide environmental implementation and oversight at sites, and individual Site Coordinators to handle specified day -to -day requirements at each site. ( *) 3. Completion of a resource assessment for Environmental Management staff and Site Managers along with an annual process for updating this resource assessment. ( *) D. Environmental Compliance Requirement Identification Component Objective: To identify current regulatory and statutory requirements applicable to Settling Defendants' CCMS Facilities and update such requirements over time to reflect regulatory and statutory changes. ' Elements marked with an asterisk ( *) are ones that are to be developed within 270 days following entry of the Consent Judgment and fully described in the CCMS Manual. Exhibit "E" to Consent Judgment for Civil Penalties and Injunctive Relief Page 2 of 6 3 9 Component Elements: This component consists of the following elements: 1. Development of a list of compliance requirements by statute /regulation/agency that remains current over time. ( *) 2. Development of a list of compliance requirements by type of facility that remains current over time. ( *) 3. Development of a process to track statutory and regulatory changes and incorporate those changes into the CCMS. ( *) E. Environmental Compliance Procedures Component Objective: To clearly assign responsibilities and develop procedures and management practices that address compliance requirements at CCMS Facilities. Component Elements: This component consists of the following elements: 1. Development of a standardized format for all procedures. The format will clarify who implements each aspect of the procedure, what events trigger implementation of the procedure, verification methods for assessing procedure implementation, and simple job aids to facilitate use of the procedure. ( *) 2. Development of procedures covering compliance topics listed in the Compliance Requirement Identification Component. These procedures will address obligations of both Environmental Management staff and Business Unit staff. ( *) 3. Development of a Change Management procedure. A Change Management procedure is designed to identify and review facility changes such as personnel changes, equipment changes, and chemical changes so that impacts on environmental compliance requirements can be addressed in a timely manner. 4. Development of procedures covering the implementation of CCMS requirements as necessary. For example, these procedures will include procedures for assessing and auditing facilities, performing awareness training, and internally collecting and reporting CCMS performance measurements. 5. Placement of procedures on Settling Defendant's intranet. (* Exhibit "E" to Consent Judgment for Civil Penalties and Injunctive Relief Page 3 of 6 F. Environmental Compliance Training and Awareness Component Objective: To ensure that each employee that can impact environmental compliance at CCMS Facilities is knowledgeable about Settling Defendant's commitment to environmental compliance and his individual role in achieving it. CgWonent Elements: This component consists of the following elements: 1. Development of a training plan by j ob function for Environmental Management staff and appropriate Business Unit staff. The training plan will address mandatory compliance training as well as relevant and appropriate awareness training. ( *) 2. Development of a training tracking system that can document environmental training and that is capable of identifying individuals whose training must be updated. ( *) . 3. Development of training materials that address mandatory training and awareness training for managers and non - managers. ( *) 4. Implementation of an annual and new employee training certification program that confirms that each employee that can impact environmental performance understands his/her environmental responsibilities and has adequate guidance and training to perform these responsibilities. 5. Development of awareness training updates based on Settling Defendant performance results. ( *) 6. Supplemental spill response training will be completed within 60 days of entry of the Consent Judgment. The supplemental training will be given to the Environmental Management staff and business unit managers and employees who work in areas where hazardous materials are present. The training will address spill reporting requirements in California. Settling Defendant's spill reporting procedures, and Settling Defendant's spill response procedures. It will also review Settling Defendant's previous twelve months of experience with spills and spill response. The training program may be tailored to take into consideration categories of employees, by position, receiving the training. Settling Defendant's training tracking system will identify employees who begin work at Covered Facilities after the completion ofthe spill response training so that these employees can receive training prior to regular annual refresher training. ( *) 7. Development of a plan to ensure that enviromnental contractors performing compliance requirements for the Settling Defendant are aware of Settling Defendant performance expectations. Exhibit "E" to Consent Judgment for Civil Penalties and Injunctive Relief Page 4 of 6 G. Environmental Compliance Information Systems Component Objective: To develop a computerized, facility -based data management system designed to provide early warning of time - sensitive compliance obligations, notification of activities that can trigger compliance requirements, and documentation of key environmental compliance information and performance trends. Component Elements: This component consists of the following elements: 1. Development of a data system capable of capturing Settling Defendant's compliance performance as measured by Local Agency inspections and by internal Settling Defendant assessments /audits. ( *) 2. Completion of a business requirements design document covering an enhanced integrated compliance data management system. The goal of the system is to identify compliance requirements in sufficient time to ensure their successful implementation and to document compliance performance. ( *) 3. Completion of the system as outlined in the business requirements design document. H. Environmental Compliance Verification and Auditing Component Objective: To establish a process for self - identification and correction of compliance excursions and to collect adequate information to evaluate whether the CCMS is achieving performance improvements over time. Component Elements: This component consists of the following elements: 1. Development of facility self - assessment protocols by type of facility and performance of annual self - assessments at each facility location against these protocols. ( *) 2. Development of a system and process to track and close out self - assessment findings. ( *) 3. Development of an annual audit strategy to be implemented by the Settling Defendant. Development of necessary protocols to implement the audit strategy. The audit strategy should include the performance of at least three programmatic audits per year on topics relevant to CCMS implementation and compliance with the matters covered by this Consent Judgment. The topics of the audit strategy can vary by year. ( *) 4. Implementation of programmatic audits as presented in the annual audit strategy and implementation of corrective actions to address audit findings. 5. Development of a system and process to track and close out Settling Defendant internal audit findings. ( *) Exhibit "E" to Consent Judgment for Civil Penalties and Injunctive Relief Page 5 of 6 • r s 6. Development of a semi - annual operational reporting program for key business unit managers. The reporting program will cover selected activities within a business unit manager's areas of responsibility that relate to compliance performance at CCMS Facilities. The scope of reporting can be phased. Its purpose is to track the status of key operational controls that facilitate achievement of environmental compliance. ( *) 7. Development of a system and process to track and close out Local Agency inspection findings. ( *) 8. Ongoing analyses of inspections, self - assessments, and audit trends over time and across facilities with identification and implementation of further CCMS enhancements as necessary. ( *) I. Environmental Compliance Measurement and Accountability Component Objective: To identify a reasonable set of good compliance measurements and processes that will allow tracking of compliance performance over time at CCMS Facilities and will allow management to hold individuals and organizational entities responsible for environmental performance components within their sphere of control and responsibility. Component Elements: This component consists of the following elements: 1. Development of a reasonable set of environmental performance measures with appropriate definitions. The measures will include measures of Settling Defendant's compliance performance at CCMS Facilities, measures of CCMS implementation status, and other key environmental performance measures. Settling Defendant may phase in the set of measures. ( *) 2. Development of a methodology for collecting environmental performance measure data and reporting the resulting performance measures to appropriate management. ( *) 3. Development of environmental performance objectives for key managers /staff and incorporation of those objectives into performance appraisals using objective measurements wherever possible. Exhibit "E" to Consent Judgment for Civil Penalties and Injunctive Relief Page 6 of 6 EXHIBIT F Exhibit "F" California Compliance Management System (CCMS) Implementation Protocol Settling Defendant will develop and implement a CCMS that meets the coverage requirements of Exhibit `B" in accordance with the implementation conditions and schedule set out below. I. Definitions A. "CCMS" means an environmental management system covering environmental compliance requirements at Settling Defendant's facilities operated in the State of California. The CCMS includes eight key components identified in Exhibit `B" which, when taken as a whole, are designed to ensure consistent current and future environmental compliance. Each of the eight components includes a clear objective and set of implementation elements. B. "CCMS Implementation Schedule" means a list of dates for completion of each of the elements within the eight CCMS components. C. "CCMS Systems Audit" means an audit of the CCMS to determine whether the CCMS is designed and implemented consistent with the specifications identified in Exhibit `B" and in Settling Defendant's CCMS Manual. D. "CCMS Manual" means a paper and/or electronic compilation of documentation and information describing the scope and components of the completed CCMS. One section of the CCMS Manual will discuss CCMS implementation including individuals (by position) who are responsible for CCMS implementation and proposed schedules for implementation of each system component. E. "Environmental Compliance Requirements" means all applicable Federal, State, and local environmental statutes and regulations, including permits and enforceable agreements between Settling Defendant and the respective environmental regulatory agencies with California jurisdiction in the areas of hazardous waste, hazardous materials, and underground storage tanks. F. "CCMS Facilities" means all Covered Facilities addressed in Paragraph 2 of the Consent Judgment that are operating at the time of entry of the Consent Judgment and any other facility of Settling Defendant which uses underground tank systems and first commences operations after entry of the Consent Judgment. Exhibit' ' to Consent Judgment for Civil Penalties and Injunctive Relief Page 1 of 7 G. "Follow -up Audit Plan" means a corrective action plan developed in response to a CCMS Systems Audit for the purpose of achieving reasonably diligent CCMS implementation. H. "Independent Auditor" means the independent third -party environmental auditor hired by Settling Defendant and approved by Plaintiffs to conduct CCMS Systems Audits at the 30ffi and 54`'' month after Consent Judgment. The independent auditor cannot be an entity that was involved in the design and development of the CCMS. I. "Independent Audit Report" means a CCMS audit report completed by an independent auditor according to the protocol specified in this Exhibit . "Independent Audit Deficiency" means an independent audit finding that must be remedied before Settling Defendant can be found to meet the standard of "reasonably diligent implementation" of the CCMS. K. "Reasonably Diligent Implementation" means all eight components of the CCMS are developed and in the process of being implemented and there is improvement in implementation effectiveness and compliance performance over time. II. CCMS Development and Implementation Requirements and Schedule A. Within 60 days of entry of this Consent Judgment, Settling Defendant shall develop a CCMS Implementation Schedule and submit the Schedule to Plaintiff. B. Within 9 months of this Consent Judgment, Settling Defendant shall complete the CCMS Manual and submit the Manual to Plaintiff for review and comment. The Manual shall describe each of the CCMS components and elements and will discuss how they combine to provide assurance of current and future compliance. 2. The Manual shall incorporate an electronic compilation of documentation demonstrating the completed CCMS items and shall provide a work plan and schedule for completion of any items that are still under development. At a minimum, development of elements noted with an asterisk in Exhibit "E" will be completed by the CCMS Manual submission date. 3. The Manual shall include a discussion of how key CCMS elements will be integrated into ongoing business unit operations and evaluated and improved over time as needed. 4. The Manual shall include a summary chart showing which CCMS components the Settling Defendant is relying upon to ensure that each of the injunctive relief compliance items in this Consent Judgment are met. Exhibit' ' to Consent Judgment for Civil Penalties and Injunctive Relief Page 2 of 7 s 4 '• 5. The Manual shall include a section that discusses CCMS implementation including specification of Environmental Management and Business Unit individuals (by position) who are responsible for CCMS implementation and proposed schedules for implementation of each system component. 6. At Plaintiff's request, Settling Defendant will provide, within 14 days following the request, a briefing describing the CCMS components and elements. Settling Defendant will review, consider, and provide a written response to Plaintiff's comments, if any, within 30 days of receipt. C. Within 75 days of when Settling Defendant has completed the CCMS Manual and reviewed and responded to Plaintiff 's comments on the Manual, Settling Defendant will disseminate the key information in the CCMS Manual to all its affected business unit managers. D. No later than 24 months after this Consent Judgment is entered with the Court, Settling Defendant will complete the development of all items described in Exhibit "E" and will modify the CCMS Manual as required. III. CCMS Reporting to Plaintiff A. Environmental Performance Reporting Settling Defendant shall submit a quarterly report to the prosecutors summarizing the following information for CCMS Facilities: a. Spills and Accidental Releases — For the relevant quarterly period, Settling Defendant shall provide (i) a copy of whatever internally documented regular "spill logs" it maintains for hazardous material spills (including petroleum) occurring during that period, and (ii) a list of any additional accidental releases (other than those reflected on the spill log) occurring during that period which are required to be reported to government agencies under applicable laws. b. Local Agency Inspections — Number and location of inspections, summary of hazardous waste, hazardous materials, and underground storage tank issues raised in the inspections, and a summary of Settling Defendant corrective actions. Settling Defendant shall also provide Plaintiff with an electronic file of government inspection findings at Covered Facilities which have received inspection reports during the reporting period. c. Identification of New Compliance Requirements enacted through statute or regulation, along with effective dates, that apply to Settling Defendants' CCMS Facilities within the areas covered by this Consent Judgment. Exhibit' ' to Consent Judgment for Civil Penalties and Injunctive Relief Page 3 of 7 3 5 :) 2. Settling Defendant shall submit a format for these quarterly reports within 45 days of entry of this Consent Judgment. Settling Defendant will incorporate any revisions required by Plaintiff within 14 days of final communication by Plaintiff. The first quarterly report will be due no later than April 30, 2006 or 90 days after entry of the Consent Judgment (whichever is later). Subsequent quarterly reports will be submitted within 30 days after the last day of March, June, September, and December. Quarterly reports will continue for 24 months after entry of the Consent Judgment by the Court. For the following 36 months, Settling Defendant will submit semi - annual reports. If Settling Defendant has successfully implemented the CCMS as demonstrated by the 54 -month independent audit, environmental performance reporting can cease after 60 months. 3. The quarterly environmental performance reports submitted by Settling Defendant at 12 and 24 months after entry of this Consent Judgment will include a certification by a Settling Defendant responsible corporate official that Settling Defendant has materially complied with the terms of the injunctive provisions, with any exceptions noted. The certification shall rely on on -site evaluations by Settling Defendant of no less than 50 randomly selected facilities that have underground storage tanks. IV. CCMS Independent Audits A. By the 30`'' month after entry of this Consent Judgment, Settling Defendant will engage an independent entity with knowledge of California environmental regulatory requirements and experience in the evaluation of environmental management systems to conduct a CCMS Systems Audit. Within 28 months after entry of this Consent Judgment, Settling Defendant will submit the name and qualifications of the proposed independent auditor to Plaintiff for review. If Plaintiff has reasonable concerns about the independence or the qualifications of the proposed auditor, it will raise such concerns within 14 days of the identification of the proposed auditor. Settling Defendant will address Plaintiff's concerns about the independence or qualifications of the proposed independent auditor and will provide an alternative independent auditor if concerns cannot be resolved. B. The selected independent auditor, in conjunction with the Settling Defendant, will develop the CCMS Systems Audit protocol and provide it to Plaintiff for review and comment by the end of the 31" month. The protocol for the 30`' month independent CCMS Systems Audit shall be designed to allow the auditor to: 1. Identify whether each of the eight CCMS components specified in Exhibit "E", including elements identified within each of the eight components, has been developed. Exhibit' ' to Consent Judgment for Civil Penalties and Injunctive Relief Page 4 of 7 2. Identify whether the CCMS, as developed and implemented, is consistent with the final CCMS Manual. 3. Identify whether the implementation of the CCMS has reasonably met the objectives specified in Exhibit "E" for each of the eight CCMS components. 4. Conduct a programmatic review of compliance performance in the area of underground storage tanks including an assessment of whether there are any systematic gaps in the CCMS, whether CCMS procedures are generally followed, and whether Local Agency inspections and Settling Defendant internal assessments /audits demonstrate performance improvement over time. The 30' month audit will evaluate performance for the most recent 12 -month period and will compare it with results from the Baseline Performance Period. (The Baseline Performance Period will be specified in the protocol. It may Wary based on compliance topic and available information but will generally encompass some or all of the time frame beginning twelve months before entry of the Consent Judgment and ending twelve months after entry of the Consent Judgment.) 5. Conduct a programmatic review of compliance performance in the area of hazardous waste including an assessment of whether there are any systematic gaps in the CCMS, whether CCMS procedures are generally followed, and whether Local Agency inspections and Settling Defendant internal assessments /audits demonstrate performance improvement over time. The 30`h month audit will evaluate performance for the most recent 12 -month period and will compare it with results from the Baseline Performance Period as discussed above. 6. Conduct a programmatic review of compliance performance in the area of hazardous materials including an assessment of whether there are any systematic gaps in the CCMS, whether CCMS procedures are generally followed, and whether Local Agency inspection and Settling Defendant internal assessments /audits demonstrate performance improvement over time. The 30' month audit will evaluate performance for the most recent 12 -month period and will compare it with results from the Baseline Performance Period as discussed above. C. Plaintiff will have 14 days to provide any comments on the protocol and Settling Defendant will respond to comments and finalize the protocol by no later than the end of the 32nd month. D. One or more representatives from the Settling Defendant with a comprehensive understanding of the CCMS will accompany the independent audit team to assist the team in understanding how the CCMS works and applies to specific operations and Exhibit' ' to Consent Judgment for Civil Penalties and Injunctive Relief Page 5 of 7 359 • . . employees. These individuals may not interfere with the independent judgment of the independent auditor team. E. The independent auditor will complete a Draft Independent Audit Report within 60 days after the finalization of the CCMS System Audit protocol and will provide the draft report to Settling Defendant and Plaintiff. Settling Defendant will have 7 days to identify any clear errors or misunderstandings and the independent audit team will finalize the report no later than 15 days after the submission date of the Draft Independent Audit Report. The Final Independent Audit Report will be provided to Settling Defendant and Plaintiff and shall determine whether Settling Defendant has been reasonably diligent in its implementation of the CCMS. The report shall also identify deficiencies that must be addressed in order for Settling Defendant to meet this standard. In addition to these key items, the audit report shall contain the following information: 1. Audit scope, including the period of time covered by the audit; 2. The dates of the audit and the locations where it was conducted; 3. Identification of audit team members; 4. Identification of Settling Defendant representatives involved in the audit; 5. A summary of the audit protocol with a detailed description of all items reviewed and any obstacles identified; 6. Detailed audit findings including the basis for each finding that a CCMS component is adequately implemented as well as the basis for identified deficiencies; 7. Certification by the independent auditor that the CCMS audit was conducted in accordance with the provisions of this Consent Judgment. Settling Defendant shall have 30 days after receipt of the final independent CCMS Systems Audit Report to provide Plaintiff with a Follow -up Audit Plan including specific deliverables, responsibility assignments, and implementation schedules required to correct any deficiencies raised in the independent CCMS Systems Audit report. F. By the 54t' month after entry of this Consent Judgment, Settling Defendant shall engage an independent auditor to perform a second independent CCMS Systems Audit. Settling Defendant may engage the same auditor that performed the 30`s month audit or may engage another independent auditor satisfactory to Plaintiff . The protocol for the 54 -month audit will incorporate all items covered above for the 30- Exhibit' ' to Consent Judgment for Civil Penalties and Injunctive Relief Page 6 of 7 3 month audit but will also specifically evaluate performance since the 30 -month audit. The schedule and process for completing the 54 -month audit will parallel the schedule and process for completing the 30 -month CCMS Systems Audit as discussed above. V. Comments from Plaintiff Any comments by Plaintiff on the CCMS components and elements are entirely voluntary. Such comments or the lack of comments in response to a submission by or on behalf of Settling Defendant shall not excuse or be a defense to any non - compliance of Settling Defendant with applicable environmental statutes, regulations, and ordinances. Exhibit "F" to Consent Judgment for Civil Penalties and Injunctive Relief Page 7 of 7 EXHIBIT G 3 ,5 gr ATTORNEY GENERAL $ 105,276 ALAMEDA COUNTY DISTRICT ATTORNEY $ 327,050 Alameda County Environmental Heal $ 6,500 City of Berkeley Toxlcs Management Divisio $ 1,000 CI of Hayward Fire De artmen $ 2,000 City of Fremont Fire De artmen $ 1,500 City of Livermore /Pleasanton Fire De artmen $ 3,000 City of Oakland Fire Departmeni $ 3,500 City of San Leandro Fire De artmen $ 1,000 City of Union City Fire De artmen $ 500 CDAA CIRCUIT PROSECUTOR FOR AMADOR COUNTY $ 500 Amador County CUP $ 400 CDAA CIRCUIT PROSECUTOR FOR BUTTE COUNTY $ 2,800 Butte County CUP $ 2,240 CDAA CIRCUIT PROSECUTOR FOR CALAVERAS COUNTY $ 2,800 Calaveras County CUP $ 2,240 CONTRA COSTA COUNTY DISTRICT ATTORNEY $ 2,090 Contra Costa County Environmental Health $ 200 CDAA CIRCUIT PROSECUTOR FOR EL DORADO COUNTY $ 2,825 El Dorado Count CUP $ 2,240 CDAA CIRCUIT PROSECUTOR FOR HUMBOLDT COUNTY $ 625 Humboldt Count .CUP $ 200 Exhibit G- to Consent Judgment in People v. Pacific Bell Telephone Company dba AT &T, California 3 5 . • 17,E CDAA CIRCUIT PROSECUTOR FOR KINGS COUNTY $ 2,000 Kings County CUP $ 1,600 LOS ANGELES CITY ATTORNEY $ 5,553 Los Angeles City Fire De artmen $ 1,600 LOS ANGELES COUNTY DISTRICT ATTORNEY $ 46,421 r Los Angeles County Department of Public Works $ 21,000 CDAA CIRCUIT PROSECUTOR FOR LAKE COUNTY $ 625 Lake County CUP $ 825 CDAA CIRCUIT PROSECUTOR FOR MENDOCINO COUNTY $ 375 Mendocino County CUP $ 3,200 CDAA CIRCUIT PROSECUTOR FOR MERCED COUNTY $ 2,800 Merced County CUP $ 2,240 CDAA CIRCUIT PROSECUTOR FOR MODOC COUNTY $ 375 Modoc County CUP $ 300 MONTEREY COUNTY DISTRICT ATTORNEY $ 67,076 Monterey County Environmental Health $ 7,500 CDAA CIRCUIT PROSECUTOR FOR NEVADA COUNTY $ 500 Nevada Count CUP $ 600 ORANGE COUNTY DISTRICT ATTORNEY $ 2,788 Anaheim Fire Department $ 2,600 Santa Ana Fire De artmen $ 850 Orange County Environmental Health $ 9,150 City of Orange Fire Department $ 1,200 City of Fullerton Environmental Health $ 300 CDAA CIRCUIT PROSECUTOR FOR PLUMAS COUNTY $ 375 Exhibit G- to Consent Judgment in People v. Pacific Bell Telephone Company dba AT&T, California 359 .", Exhibit G- to Consent Judgment in People v. Pacific Bell Telephone Company dba AT &T, California Plumes County CUP $ 300 SAN BERNARDINO COUNTY DISTRICT ATTORNEY $ 2,000 San Bernardino County CUP $ 4,100 SAN DIEGO CITY ATTORNEY $ 75,151 SAN DIEGO COUNTY DISTRICT ATTORNEY $ 105,870 San Diego County Environmental Health $ 28,000 SAN JOAQUIN COUNTY DISTRICT ATTORNEY $ 281,716 San Joaquin County CUP $ 13,000 SAN LUIS OBISPO COUNTY DISTRICT ATTORNEY $ 2,500 San Luis Obispo County CUP $ 2,000 SANTA CLARA COUNTY DISTRICT ATTORNEY $ 469 City of San Jose Fire De artmen $ 400 City of Palo Alto Fire Department $ 200 County of Santa Clara Environmental Health $ 200 CDAA CIRCUIT PROSECUTOR FOR SHASTA COUNTY $ 375 Shasta County CUP $ 400 CDAA CIRCUIT PROSECUTOR FOR SISKIYOU COUNTY $ 375 Siski ou County CUP $ 300 SOLANO COUNTY DISTRICT ATTORNEY $ 219,812 Solano County CUP $ 5,000 SONOMA COUNTY DISTRICT ATTORNEY $ 2,500 Sonoma County CUP $ 2,500 CDAA CIRCUIT PROSECUTOR FOR STANISLAUS COUNTY $ 2,800 Stanislaus County CUP $ 2,240 STATE WATER RESOURCES CONTROL BOARD Is 3,000 Exhibit G- to Consent Judgment in People v. Pacific Bell Telephone Company dba AT &T, California 35 90 Exhibit G- to Consent Judgment in People v. Pacific Bell Telephone Company dba AT &T, C.alifomia