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RECEIVED VENTUFA t. SUPERIOR COTJRT sEP 24 2020 1 GREGORY D. TOTTEN w District Attorney of Ventura County 2 MITCHELL F. DISNEY, SBN 138114 a Senior Attorney J Deputy District 5720 Ralston Street, No. 300 s*Xrt[l'BAr*" 4 Ventura, CA 93003 FILED Telephone: (805) 662-17 06 5 Email : mitch. disney@ventura. org ocl 26 20?0 _MICI.{AEI- D. FI.AIVET 6 Attorneys for Plaintffi People of the State of California Executive Officer and Cterk -"MB"ffttBY: 7 [,4dditional Plaintiff's counsel listed as signatoriesJ 8 SUPERIOR COURT OF CALIFORNIA 9 COI.INTY OF VENTURA 10 ll THE PEOPLE OF THE STATE OF Case No. 56-2020-00545627-CU-MC-VTA CALIFORNIA, l2 STIPULATION FOR ENTRY OF FINAL Plaintiff, JUDGMENT AND PERMANENT 13 TNJLTNCTTON AND IPRgZ6SEDI V ORDER t4 BED BATH BEYOND, INC., 15 & a New York corporation, Exemptfromfees per Gov. Code, f 6103 16 Defendant. 17 18 t9 Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA, generally appearing through 20 its attorneys, Gregory D. Totten, District Attorney of Ventura County; Nancy E. O'Malley, District 21 Attorney of Alameda County; Michael Ramsey, District Attorney of Butte County; Diana Becton, 22 District Attorney of Contra Costa County; Lisa A. Smittcamp, District Attorney of Fresno County; 23 Maggie Fleming, District Attorney of Humboldt County; Gilbert Otero, District Attorney of 24 Imperial Cor.rnty; Cynthia J. Zimmer, District Attorney of Kern County; Michael N. Feuer, City 25 Attomey of Los Angeles; Jackie Lacey, District Attorney of Los Angeles County; Lori Frugoli, 26 District Attorney of Marin County; Jeannine M. Pacioni, District Attorney of Monterey County; 27 Allison Haley, District Attorney of Napa County; Todd Spitzer, District Attorney of Orange 28 County; Morgan Briggs Gire, District Attorney of Placer County; Michael A. Hestrin, District -l- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER q 1 Attorney of Riverside County; Anne Marie Schubert, District Attorney of Sacramento County; 2 Jason Anderson, District Attorney of San Bernardino County; Summer Stephan, District Attorney 3 of San Diego County; Chesa Boudin, District Attorney of San Francisco County; Tori Verber 4 Salazar, District Attorney of San Joaquin County; Dan Dow, District Attorney of San Luis Obispo 5 County; Stephen M. Wagstaffe, District Attorney of San Mateo County; Joyce E. Dudley, District 6 Attorney of Santa Barbara County; Jeffrey F. Rosen, District Attorney of Santa CIara County; 7 Stephanie A. Bridgett, District Attorney of Shasta County; Krishna A. Abrams, District Attorney of 8 Solano County; Jill R. Ravitch, District Attorney of Sonoma County; Birgit Fladager, District 9 Attorney of Stanislaus County; Amanda L. Hopper, District Attorney of Sutter County; Tim Ward, 10 District Attorney of Tulare County; and Jeff W. Reisig, District Attorney of Yolo County 11 (collectively,"the People"); and Defendant, BED BATH & BEYOND, INC., generally appearing 12 through its attorneys, Morgan, Lewis & Bockius LLP, by Gregory T. Parks and Collie F. James, 13 IV, hereby stipulate and agree as follows: 14 1. This Court may enter this Stipulation for Entry of Final Judgment and Permanent l5 Injunction and Order ("Final Judgment") before the taking of any proof and without trial or 16 adjudication of any fact or law; 17 2. This Court has subject matter jurisdiction over the matters alleged in this action and 18 personal jurisdiction over the parties to this Final Judgment; t9 3. This Final Judgment fulfills the People's enforcement objectives and is a fair and 20 reasonable resolution of the matters alleged in the People's Complaint; 2t 4. Entry of this Final Judgment is not an admission or denial by Defendant regarding 22 any issue of law or fact in the above-captioned matter or of any violation of any law; 23 5. This Final Judgment shall be binding upon the People and upon Defendant; and 24 6. The People and Defendant (collectively, "the Pafties") waive any right to set aside 25 the Final Judgment through any collateral attack, and further waive their right to appeal from the 26 Final Judgrnent. 27 NOW THEREFORE, the People and Defendant having requested that this Court enter this 28 Final Judgment, and the Court having considered the Stipulation for Entry of Final Judgment and ,| STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER I 1 Permanent Injunction and fproposed] Order reached between the Parties, IT IS HEREBY 2 ORDERED, ADJUDGED, AND DECREED as follows: J 1. JURISDICTION 4 This Court has subject matter jurisdiction over the matters alleged in this action and 5 personal jurisdiction over the Parties to this Final Judgment. 6 2. SETTLEMENT OF DISPUTED CLAIMS 7 This Final Judgment is a fair and reasonable resolution of the Covered Matters (as defined 8 in Paragraph 6 below) and is in the best interests of the public. 9 3. DEFINITIONS 10 Except where otherwise expressly defined in this Final Judgment, all terms shall be 11 interpreted consistently with Health and Safety Code section 25100 et seq. (Hazardous Waste 12 Control Law), section 25500 et seq. (Hazardous Materials Release Response Plans and Inventory 13 Law), and the regulations promulgated under these sections. l4 "Certified Unified Program Agency" or "CUPA" is defined in Health and Safety Code 15 sections 25123.7(b) and25404(a), and means the agency that, pursuant to Chapter 6.11 of Division t6 20 of the Health and Safety Code, and Title 27 of the California Code of Regulations, is certified l7 by the California Environmental Protection Agency with the jurisdictional responsibility and 18 authority to implement and enforce certain state environmental program requirements specified in I9 Health and Safety Code sectiot25a04@)(l). 20 "Facilities" means the retail stores listed in Exhibit A that Defendant formerly or currently 21 owns or operates, and all other Bed Bath & Beyond, Harmon, Harmon Face Values, buybuy 22 BABY, World Market, Cost Plus World Market, and Cost Plus retail stores within the State of 23 California that Defendant, or any respective successor corporation or assignee, owns or operates 24 subsequent to the effective date of this Final Judgment. 25 "Participating Agency" means an agency that has been designated by the CUPA to 26 administer one or more state environmental programs on behalf of the CUPA. 27 28 -3- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INLINCTION; ORDER I I 4. INJUNCTIVE RELIEF 2 4.1. Applicability J The provisions of this injunction are applicable to Defendant and its successors and assigns, 4 and to all persons, partnerships, corporations and other entities that have Direct Operational 5 Control over Defendant's regulated-waste program and thatare subject to the jurisdiction of the 6 courts in the State of California, and that are acting under, on behalf of, or at the direction of 7 Defendant or its successors or assigns with notice of this injunction. "Direct Operational Control" 8 shall be interpreted to mean active participation in and authority over the operation of any 9 regulated-waste program in any of the Facilities located in the State of California. 10 4.2. General Injunctive Provision 11 Pursuant to the provisions of Health and Safety Code sections 25181,25515.6, and 12 25515.8, and Business and Professions Code section17203, Defendant is permanently enjoined l3 from violating Chapters 6.5 and 6.95 of Division 20 of the Health and Safety Code and the l4 regulations promulgated under these chapters. Notwithstanding any other provision in this Final 15 Judgment, nothing in this Final Judgment shall relieve Defendant from prospectively complying I6 with any and all applicable laws and regulations, nor shall any term of this Final Judgment extend t7 to Defendant's facilities outside the State of California. 18 4,3. Specific Injunctive Provisions t9 Pursuantto Healthand Safety Code sections 25181,25515.6,and25515.8, andBusiness 20 and Professions Code section 17203, Defendant is enjoined, restrained, and prohibited from doing 2t any of the following: 22 4.3.a. Disposing, or causing the disposal, of hazardous waste at a point not authorizedby L-) law, in violation of Health and Safety Code section25189 or 25189.2; 24 4.3.b. Transporting, or causing to be transported, any hazardous waste to an unauthorized 25 location in California, in violation of Health and Safety Code section25I89.5, subdivision (c); 26 4.3.c. Transporting, transferring custody of, or causing to be transported in Californiaany 27 hazardous waste unless the transporter is registered to transport hazardous waste, in violation of 28 Health and Safety Code section25l63; -4- STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INUNCTION; ORDER 1 4.3 .d. Failing to determine if a waste generated at the Facilities is a hazardous waste, in 2 violation of California Code of Regulations, title 22, sections 66262.11 and 66260.200(c); J 4.3.e. Failing to properly manage, identifu the date of accumulation, and label containers of 4 hazardous waste at the Facilities, in violation of California Code of Regulations, title 22, section 5 66262.34; 6 4.3,f. Failing to lawfully and timely dispose of allhazardous waste accumulated at each of 7 the Facilities, in violation of California Code of Regulations, title 22, section 66262.34; 8 4.3.g.Unlawfully storing, handling, or accumulatinghazardous waste, in violation of 9 Health and Safety Code section25123.3 and California Code of Regulations, title 22, sections 10 66262.3 4 and 66265.17 3 ; 11 4.3.h. Failing to conduct inspections of hazardous waste storage areas at each of the I2 Facilities, in violation of California Code of Regulations, title 22, sections 66262.34 and 13 66265.174; 14 4.3.i. Failing to timely cause to be prepared and filed with the Department of Toxic 15 Substances Control ("DTSC") a uniform hazardous waste manifest ("manifest") for all hazardous t6 waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, l7 disposal, or any combination thereof from any of the Facilities, in violation of Health and Safety 18 Code section25l60(b)(3) or California Code of Regulations, title22, section 66262.23; 19 4.3.j.