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1 NANCY E. O'MALLEY/ 

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District Attorney of Alameda County 

KENNETH A. MIFSUD, SBN 144000 

Senior Deputy District Attorney 

Consumer and Environmental Protection Division 

7677 Oakport Street, Suite 650 

Oakland, CA 94621-1934 

Telephone: (510) 569-8816 

JAMES P. WILLETT 

District Attorney of San Joaquin County 

DAVID J. IREY, SBN 142864 

Supervising Deputy District Attorney 

222 E. Weber Ave., Room 202 

Stockton, CA 95202 

Telephone: (209) 468-2400 

FILED 

ALAMEDA COUNTY 

JUN 0 1 2012 

CL~F 1f!E SUPEmO: C_?URT 

By ( 3u;yf:ite,-:M_MuG 

Depul¥ 

Attorneys for Plaintiff, People of the State of California 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

COUNTY OF ALAMEDA 

PEOPLE OF THE STATE OF 

CALIFORNIA, 

v. 

COSTCO WHOLESALE 

CORPORATION,-

Plaintiff, 

Defendant. 

Case No. 

STIPULATION FOR ENTRY OF .FINAL 

JUDGMENT AND PERMANENT 

INJUNCTION 

24 WHEREAS, this Stipulation for Entry of Final Judgment and Pem1anent Injunction ("Final 

25 Judgment") is entered into by Plaintiff, the People of the State of California ("People") and Costco 

26 Wholesale Corporation ("Defendant") by their respective attorneys. The People and Defendant shall 

27 be referred to collectively as "Parties." The Parties have stipulated and consented to the entry of this 

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sf-3138122 Stipulation for Entry of Final Judgment and Permanent Injunction 
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1 Final Judgment prior to trial. The Parties have agreed to settle the above captioned matter without 

2 further litigation, as set forth below. 

3 M'D WHEREAS, the Court finds that the settlement between the Parties is fair and in the 

4 public interest; 

5 NOW THEREFORE, upon the consent of the Parties, it is hereby ORDERED, ADJUDGED, 

6 AND DECREED: 

7 FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT 

8 1. JURISDICTION 

9 The Parties stipulate and agree that the Superior Court of California, County of Alameda, has 

10 subject matter jurisdiction over the matters alleged in this action and personal jurisdiction over the 

11 Parties to this Final Judgment. 

12 2. SETTLEMENT OF DISPUTED CLAIMS. 

13 This Final Judgment is not an admission or a denial by Defendant regarding any issue oflaw 

14 or fact in the above-captioned matter or any violation of any Jaw. The Parties enter into this Final 

15 Judgment pursuant to a compromise and settlement of disputed claims, as set forth in the Complaint 

16 filed in this action (the "Complaint"), for the purpose of furthering the public interest. The People 

17 believe that the resolution embodied in this Final Judgment is fair and reasonable and fulfills the 

18 People's enforcement objectives; and that except as provided in this Final Judgment, no further action 

19 is warranted concerning the allegations contained in the Complaint. Defendant agrees that this Final 

20 Judgment is a fair and reasonable resolution of the matters alleged in the Complaint. 

21 All Parties have stipulated and consented to the entry of this Final Judgment prior to the 

22 taking of any proof, and without trial or adjudication of any fact or law herein. The Parties also 

23 waive their right to appeal. 

24 3. DEFINITIONS 

25 Except where otherwise expressly defined in this Final Judgment, all terms shall be 

26 interpreted consistent with Chapters 6.5 and 6.95 of Division 20 of the Health and Safety Code; 

27 Health and Safety Code sections 117600, et seq.; and the regulations promulgated under these 

28 chapters and sections. 

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1 · "Certified Unified Program Agency" or "CUP A" is an agency certified by the California 

2 Enviromnental Protection Agency pursuant to the requirements of Chapter 6.11 of the Health and 

3 Safety Code and California Code of Regulations, Title 27, to implement certain State environmental 

4 programs within the local agency's jurisdiction. 

5 "DTSC" means the California Department of Toxic Substances Control. 

6 "Facility" means any facility in the State of California listed on Exhibit A, except for the 

7 gasoline dispensing operations that may occur at or in connection with such Facilities. Such gasoline 

8 dispensing operations are specifically excluded from the scope of this Final Judgment. The specific 

9 list of the locations of the Facilities ' attached as Exhibit A shall not be to the exclusion of other 

10 locations that may have been inadvertently omitted from the list, where the Parties agree in writing 

11 that an omitted location should be included. As to any locations that have been omitted, Defendant 

12 shall provide the following to the People within thirty (30) days after the omission comes to the 

13 attention of Defendant: (a) written notice of such additional locations; and (b) to the best of 

14 Defendant's knowledge and belief, copies of any notices of violation and/or governmental inspection 

15 reports applicable to such locations that have been received by that location since December 6, 2006. 

16 If, after the People have had sufficient time in which to review the alleged reason for the omission, 

17 and after Defendant has established to the satisfaction of the People that the omission was 

18 inadvertent, the Parties shall agree in writing that the additional location be included in the Final 

19 Judgment. 

20 "Participating Agency" means an agency that has been designated by the CUP A to administer 

21 one or more state environmental programs on behalf of the CUPA. 

22 "Reverse Distribution" means a management process for returning unused, expired or 

23 damaged drugs to specialized brokers for management, sometimes with a monetary credit to the 

24 provider. 

25 4. li~JUNCTIVE RELIEF 

26 Pursuant to the provisions of Health and Safety Code sections 25181, 25516, 25516.2, and 

27 Business and Professions Code section 17203, and subject to Paragraph 24 below, Defendant is 

28 permanently enjoined to comply with Chapters 6.5 and 6.95 of Division 20 of the Health and Safety 

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1 Code; Health & Safety Code sections 117600, et seq.; and the regulations promulgated under these 

• 2 chapters, at each of its Facilities. Failure to comply with this injunction or any of the specific 

3 additional injunctive provisions that follow, may subject Defendant to sanctions, including, but not 

4 limited to, contempt and/or additional penalties. Paragraph 15, below, applies to any application or 

5 motion for failure to comply with the injunctive provisions of this Final Judgment, including the 

6 provisions of paragraphs 4.1 and 4.2. 

7 4.1 Specific Injunctive Provisions: 

8 Defendant shall comply with each of the following provisions: 

9 4.l.a. Defendant shall lawfully dispose, or cause the disposal of, at a point authorized or 

10 permitted by the DTSC, each hazardous waste it generates from (i) its tire centers; (ii) the use of 

11 cleaning and maintenance products at its Facilities; and (iii) nicotine replacement therapies (subject to 

12 paragraph 4.2 hereof), all in accordance with Health & Safety Code section 25189, at a landfill or 

13 transfer station authorized to receive such hazardous waste. 

14 4.l.b. Defendant shall determine, at each Facility, whether each item returned by a customer 

15 to that facility is a waste and .jf so, is a "hazardous waste" as required by California Code of 

16 Regulations, title 22, section 66262.11. 

17 4.1.c. Defendant shall determine, at each Facility, whether each waste generated at that 

18 facility as a result of a spill, container breakage or other means rendering the product not usable for 

19 its intended purpose, is a "hazardous waste" as required by California Code of Regulations, title 22, 

20 section 66262.11. 

21 4.1.d. Defendant shall lawfully manage and timely dispose of all accumulated hazardous 

22 waste from each Facility at least one time during every ninety (90) day period (unless a longer 

23 interval is allowed for by law, in which case Defendant shall provide notice as specified herein). 

24 4.1.e. Defendant shall not knowingly cause to be deposited, without the permission of the 

25 owner, any hazardous substance upon the land of another. 

26 · 4.1.f. · Defendant shall timely cause to be prepared and filed with the DTSC a hazardous 

27 waste manifest for all hazardous waste that is transported, or submitted for transportation, for offsite 

28 handling, treatment, storage, disposal, or any combination thereof, as provided by Health & Safety 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
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1 Code section 25160(b)(3) and California Code of Regulations, Title 22, section 66262.23; and shall 

2 timely notify the DTSC by filing an exception report concerning the treatment, storage, or disposal 

3 facility's failure to return any executed manifest. 

4 4.1.g. Defendant shall transport, transfer custody of, or cause to be transported, each 

5 hazardous waste using a transporter that is properly licensed and registered to do so, as required by 

6 Health & Safety Code section 25163. 

7 4.1.h. Defendant shall contact the transporter and/or the owner or operator of the designated 

8 facility which was to receive any hazardous waste to determine the status of the hazardous waste in 

9 the event of non-receipt of a copy of the manifest with the handwritten signature of the owner or 

10 operator of the designated facility within thirty-five (35) days of the date the waste was accepted by 

1 I the initial transporter, as provided by Title 22 of the California Code of Regulations section 

12 66262.42. 

13 4.l.i. Defendant shall maintain a program for the lawful storage, handling and 

14 accumulation ofhazardous waste, and for the lawful segregation of hazardous-waste items that are in 

15 leaking containers, as provided by Health & Safety Code section 25123.3 and California Code of 

16 Regulations, Title 22, sections 66262.34, 66265.173 and 66265.177. 

17 4.l.j. Defendant shall maintain properly designated and designed hazardous waste storage 

18 areas, which include the segregation of hazardous wastes, and shall conduct weekly inspections of 

19 haza~dous waste storage areas, at each Facility, as required by California Code of Regulations, Title 

20 22, sections 66262.34 and 66265.174. 

21 4.1.k. Defendant shall, at each Facility, continuously implement, maintain, and submit to the 

22 respective administering agency (as defined in Health and Safety Code sections 25501 and 25502), a 

23 complete hazardous materials business plan, as required by Health and Safety Code sections 25504 

24 and 25505 and California Code of Regulations, Title 19, section 2729, as applicable. Each hazardous 

25 materials business plan shall include procedures for emergency response to a release or threatened 

26 release of hazardous materials, as required by Health and Safety Code section 25503.5. Such plan 

27 shall also include an employee training program that meets the requirements of Health and Safety 

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sf-3138122 Stipulation for Entry of Final Judgment and Permanent Injunction 
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1 Code section 25504, subdivisions (a) and (c), and California Code of Regulations, Title 19, section 

2 2732. 

3 4.1.1. Defendant shall comply with all employee training obligations required by 

4 California Code of Regulations, Title 22, section 66265.16, pertaining to the handling of hazardous 

5 waste, including, but not limited to, the requirement to maintain for a period of three (3) years, all 

6 training documentation for each employee involved in hazardous waste handling at any Facility. 

7 4.1.m. Defendant shall properly manage, mark, and store universal waste, as provided by 

8 Title 22 of the California Code of Regulations sections 66273.13-66273.16 (repealer filed 2-4-2009) 

9 and sections 66273.33- 66273.36. 

10 4. Ln. Defendant shall keep a record with the information required by section 66273.39, 

1 I subdivisions (a)(!) - (3), of each shipment of universal waste received at any Facility, as provided by 

12 Title 22 of the California Code of Regulations section 66273.39. Such records may be stored 

13 electronically. 

14 4.1.o. Defendant shall comply with the California Medical Waste Management Act, Health 

15 and Safety Code sections 117600, et seq. 

16 4.2. Reverse Distribution of Pharmaceuticals: 

17 4.2.a. By August 1, 2012, Defendant shall initiate work with appropriate stakeholders from 

18 business and government, including the U.S. Environmental Protection Agency, the U.S. Food and 

19 Drug Administration, and the DTSC, and thereafter either directly or through trade associations or 

20 informal coalitions of interested parties, undertake to promote federal regulatory reform regarding the 

21 proper management of non dispensable pharmaceuticals, including over-the-counter medications, 

22 through Reverse Distribution. Such work shall include coordination and communication with 

23 national retail trade associations. Progress on such work shall be included in the status reports 

24 required by Paragraph 23 below. 

25 4.2.b. During the term of this Final Judgment, the People shall only pursue a violation of this 

26 Final Judgment or applicable law regarding the Reverse Distribution of such nondispensable 

27 pharmaceuticals if Defendant has failed to demonstrate reasonable diligence in performing work on 

28 the federal regulatory reform described in subparagraph 4.2.a. above, and provided further, nothing 

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herein shall prevent the People from pursuing appropriate enforcement of this Final Judgment or 

applicable law regarding the reverse distribution of: 

1. as to nondispensable pharmaceuticals for acts or omissions occurring on or 

after ninety (90) days following receipt by Defendant of written notice as provided by 

Paragraph 8 of the People's intent to do so, or; 

2. as to nondispensable over-the-counter drugs for acts or omissions occurring on 

or after one hundred eighty (180) days following receipt by Defendant of written notice as 

provided by Paragraph 8 of the People's intent to do so, so as to allow the Parties an 

opportunity to attempt to resolve any such dispute by means of good faith informal 

negotiations. 

4.3 Compliance Program 

Prior to the date of filing of this Final Judgment, Defendant provided to the People its 

program for proper handling, storage and transportation and disposal of hazardous materials and 

wastes. Defendant shall maintain such program, or an equivalent program, as long as the iJ\iunction 

is in effect. As used in this paragraph, "equivalent program"' shall mean a program that is designed to 

achieve compliance with Chapters 6.5 and 6.95 of Division 20 of the Health and Safety Code and the 

regulations promulgated under these chapters in all material respects .. 

4.4 Additional Environmental Program 

Within one hundred and twenty (120) days following entry of this Final Judgment, Defendant 

shall establish a director position, one of whose primary responsibilities shall be to ensure compliance 

with California's hazardous waste laws and regulations. It is recognized that this director may also 

have other responsibilities including, without limitation, health and safety matters not related to 

hazardous waste. Defendant shall maintain this position for a period of no less than three years 

following its establishment. 

5. CIVIL PENALTIES, SUPPLEMENTAL ENVIRONMENTAL PROJECTS, 

COSTS, AND HAZARDOUS WASTE MINIMIZATION 

Defendant shall, within twenty-one (21) business days after entry of this Final Judgment, pay 

civil penalties in the amount of ONE MILLION NINE HUNDRED SIXTY -SIX THOUSAND 

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sf-3138122 Stipulation for Entry of Final Judgment and Pennanent Injunction 
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1 DOLLARS ($1,966,000,00), fund the supplemental environmental projects provided for in this Final 

2 Judgment, in the amount of THREE HUNDRED TWENTY-FIVE THOUSAND DOLLARS 

3 ($325,000.00), and pay costs .in the amount of TWO HUNDRED SIXTY- FOUR THOUSAND, 

4 SEVEN HUNDRED DOLLARS ($264,700,00). Said payments may be made as set forth in 

5 paragraphs 5.1, 5.2, 5.3, and 5.4 below. On entry of this Final Judgment, Defendant shall deliver all 

6 required payments to the District Attorney's Office for the County of San Joaquin, Attention: David 

7 J. Irey, Supervising Deputy District Attorney, for distribution pursuant to the terms ofthis Final 

8 Judgment. 

9 5.1 Civil Penalties 

10 5.l.a. Defendant shaH pay ONE MILLION NINE HUNDRED SIXTY-SIX THOUSAND 

11 DOLLARS ($1,966,000.00) as civil penalties pursuant to Health and Safety Code sections 25189 and 

12 25514, and Business and Professions Code section 17206, to the prosecuting agencies/regulatory 

13 agencies identified in, and in accordance with the terms of, Exhibits B-1 and B-2, attached. 

14 S.l.b. Additionally, Defendant shaH pay ONE MILLION, SIXTY-ONE THOUSAND, 

15 FOUR HUNDRED DOLLARS ($1,061,400.00) as civil penalties to the prosecuting agencies 

16 pursuant to section 17206 of the Business and Professions Code. However, payment of the entire 

17 ONE MILLION, SIXTY-ONE THOUSAND, FOUR HUNDRED DOLLARS ($1,061,400.00) of 

18 civil penalties set forth in this paragraph 5.1.b., shall be stayed ("Stayed Penalty") for a period of five 

19 (5) years from the date of entry of this Final Judgment. The Stayed Penalty shaH become due and 

20 payable in the event Defendant materiaJJy violates Health and Safety Code Section 25189, 

21 subdivision (c) (the "Stayed Penalty Provision"). If Defendant fails to comply as set forth above 

22 during the five (5) year period, then Defendant shall, subject to the provisions of section 5.1 herein, 

23 pay the Stayed Penalty amount to the prosecuting agencies as follows: 

24 (i) Upon the first instance of any violation ofthe Stayed Penalty Provision at or by a 

25 Facility, Defendant shall pay between ONE THOUSAND DOLLARS ($1 ,000 .00) and FIVE 

26 THOUSAND DOLLARS ($5,000.00) depending on the facts and circumstances of each such 

27 violation; 

28 Ill 

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(ii) Upon the second instance of any violation( s) of the Stayed Penalty Provision at a 

_ Facility which has previously paid a Stayed Penalty for a violation of the Stayed Penalty 

Provision, Defendant shall pay between FIVE THOUSAND DOLLARS ($5,000.00) and 

TWENTY THOUSAND DOLLARS ($20,000.00) depending on the facts and circumstances 

of each such violation; 

(iii) Upon a th.ird instance or any subsequent instance of any violation of the Stayed 

Penalty Provision at a Facility that has paid a Stayed Penalty for at least two prior violations 

of the Stayed Penalty Provision, Defendant shall pay between TEN THOUSAND DOLLARS 

($10,000.00) and FIFTY THOUSAND DOLLARS ($50,000.00) depending on the facts and 

circumstances of each such subsequent violation. 

In no event shall the total of all penalties paid pursuant to this paragraph 5.1.b exceed ONE 

M1LLION, SIXTY-ONE THOUSAND, FOUR HUNDRED DOLLARS ($1,061,400.00). 

5.2 Supplemental Environmental Projects 

Defendant shall pay THREE HUNDRED TWENTY-FIVE THOUSAND DOLLARS 

($325,000.00) for supplemental environmental projects identified in, and in accordance with the 

terms of, Exhibit C, attached. 

5.3 Reimbursement of Costs of Investigation and Enforcement 

Defendant shall pay TWO HUNDRED SIXTY- FOUR THOUSAND, SEVEN HUNDRED 

DOLLARS ($264,700.00), for reimbursement of attorney's fees, costs of investigation, and other 

costs of enforcement, to the entities identified in, and in accordance with the terms of, Exhibits D-1 

alld D-2, attached. 

5.4 Copy of Payments to Plaintiff's Representatives 

23 Defendant shall, at the time of payment, send an electronic confirmation ofany payment 

24 made by wire transfer to the People's representative identified in paragraph 8. 

25 6. ENFORCEMENT OF FINAL JUDGMENT AND PENALTIES 

26 The People may move this Court for additional relief for any violation of any provision of this 

27 Final Judgment, including but not limited to contempt, additional injunctive provisions, or additional 

28 penalties consistent with the provisions of this Final Judgment. Nothing in this Final Judgment shall. 

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limit any rights of the People to seek any other relief or remedies provided by law, or the rights of 

Defendant to defend against any request of the People for such other relief or remedies. 

7. MATTERS COVERED BY TIDS FINAL JUDGMENT 

7.1 This Final Judgment is a final and binding resolution and settlement of all claims, 

violations or causes of action expressly alleged by the People in the Complaint ?r claims that could 

have been asserted within the scope of the allegations set forth in the Complaint ("Covered Matters"), 

against Defendant and its subsidiaries, affiliates, predecessors and corporate parents and each of their 

affiliates and parents, successors, heirs, assigns and their respective shareholders, officers, directors, 

partuers, employees, agents, representatives, property owners, and facility operators ("Entities 

Covered by Final Judgment"). The People further covenant not to sue the Entities Covered by Final 

Judgment for any Covered Matter. Any claim, violation, or cause of action that is not a Covered 

Matter is a "Reserved Claim." Reserved Claims include, without limitation, any violation that occurs 

after the Court's entry of this Final Judgment. Nothing herein shall be interpreted to restrict any 

claims that the People may assert against any independent contractors or subcontractors of the 

Facilities for violations of applicable laws by such parties. The People reserve the right to pursue any 

Reserved Claim, and Defendant reserves its defenses against any Reserved Claim. 

7.2 Any claims or causes of action against Defendant for performance of cleanup, 

18 corrective action, or response action for any actual past or future release, spill, or disposal of any 

19 hazardous waste, hazardous substance, hazardous material, universal waste, sharps waste, 

20 pharmaceutical waste, photo waste with silver, or any other material, substance or waste, that is 

21 caused or contributed to by the Defendant at or from its California Facilities, and any claims or 

22 causes of action for performance of cleanup, corrective action, or response action relating to 

23 Defendant's disposal of same that are discovered by the People after execution of this Agreement are 

24 Reserved Claims. 

25 7.3 In any subsequent action that may be brought by the People based on any Reserved 

26 Claim, Defendant agrees that it will not assert that failing to pursue the Reserved Claims as part of 

27 this action constitutes claim-splitting. This Paragraph does not affect any statute oflimitations, if 

28 any, which may be applicable to any Reserved Claim or claims otherwise excluded from this Final 

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Judgment and does not prohibit Defendant from asserting any statute of limitations or other legal or 

equitable defenses that may be applicable to any Reserved Claims .. 

7.4 In the event litigation is filed by an entity that is not a party'to this action against 

Defendant or any affiliates arising out of or related to a Covered Matter, Defendant may, within thirty 

(30) days following service of such litigation, notifY the People of such litigation. Upon such timely 

notice, the People will undertake a goodfaith effort to determine whether the subsequent litigation is 

barred by the terms of this Final Judgment and the principle of res judicata. If the People determine 

that the subsequent litigation is barred by the terms of this Final Judgment and the principle of res 

judicata, the People may appear in person or in writing in such subsequent litigation to explain the 

People's view of the effect of this Final Judgment on such litigation and the People will not oppose 

Defendant in arguing that the subsequent litigation is barred by the principle of res judicata. No 

language in this paragraph will preclude Defendant from asserting in any subsequent litigation any 

and all applicable legal and equitable defenses regarding compliance with any provision in this Fioal 

Judgment or the laws or regulations cited in this Final Judgment or cited in the Complaint, including, 

but not limited to, res judicata. 

7.5 The provisions of paragraph 7.1 are effective on the date of entry of the Final 

Judgment. The continuing effect of paragraph 7.1 is expressly conditioned on Defendant's full 

payment of the amounts due under paragraphs 5.1, 5.2 and 5.3 of this Final Judgment and compliance 

with its injunctive terms. 

7.6 Paragraph 7.1 does not limit the ability of the People to enforce the terms of this Final 

Judgment. 

7.7 Defendant covenants not to pursue any civil or administrative claims against the 

23 People or against any agency of the State of California, any county in the State of California, or any 

24 CUP A, Participating Agency or local agency (collectively "Agencies"), or against any of their 

25 officers, employees, representatives, agents or attorneys, arising out of or related to any Covered 

26 Matter; provided, however, that if any Agencies initiate claims against Defendant, Defendant reserves 

27 any and all rights, claims, demands and defenses against such Agencies. 

28 Ill 

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1 7.8 Any event that is beyond the control of Defendant and that prevents it from timely 

2 performing any obligation under paragraph 4 of this Final Judgment, despite its good faith efforts to 

3 fulfill that obligation, is a "force majeure'' event. The requirement that Defendant act in good faith to . 

4 fulfill the obligation includes the requirement that Defendant use its good faith efforts to anticipate 

5 any potential force majeure event and use best efforts to address the effects of any potential force 

6 majeure event: (1) as it is occurring, and (2) following the force majeure event, such that the delay is 

7 minimized to the greatest extent possible. "Force majeure" does not include financial inability to 

8 fund or complete the obligation. 

9 8. NOTICE 

10 All submissions and notices required by this Final Judgment shall be sent to: 

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For the People: 

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With Copies to: 

David J. Irey 

Supervising Deputy District Attorney 

Office of the District Attorney of San Joaquin County 

222 E. Weber Ave., Room 202 

Stockton, CA 95202 

John Christopher Sullivan 

Associate General Counsel 

Costco Wholesale Corporation 

Legal Department 

999 Lake Drive 

Issaquah, WA 98027 

Michael Jacob Steel 

Morrison & Foerster LLP 

425 Market Street, 31st Floor 

San Francisco California 94105 

MSteel@mofo.corn 

22 Any Party may change its notice name and address by informing the other party in writing, 

23 but no change is effective until it is received. All notices and other communications required or 

24 permitted under this Final Judgment that are properly addressed as provided in this paragraph are 

25 effective upon delivery if delivered personally or by overnight m.iil, or are effective five (5) days 

26 following deposit in the United States mail, postage prepaid, if delivered by mail, or the day that 

27 electronic mail is sent if sent before 5 p.m. to the electronic mail addresses of the designated 

28 recipients for notice concurrent with sending the notice by overnight maiL 

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1 9. EFFECT OF FINAL JUDGMENT 

2 Except as expressly provided in this Final Judgment, nothing in this Final Judgment is 

3 intended nor shall it be construed to preclude the People, or any state, county, or local agency, 

4 department, board or entity, or any CUP A, from exercising its authority under any law, statute or 

5 regulation. Except as expressly provided in this Final Judgment, Defendant retains all of its defenses 

6 to the exercise of the aforementioned authority. 

7 10. LIABILITY OF THE PEOPLE 

8 The People shall not be liable for any injury or damage to any person or property resulting 

9 from any act or omission by Defendant, or any of its directors, officers, employees, agents, 

10 representatives or contractors, in carrying out activities pursuant to this Final Judgment, nor shall the 

11 People be held as a party to or guarantor of any contract entered into by Defendant, its directors, 

12 officers, employees, agents, representatives or contractors, in carrying out the requirements of this 

13 Final Judgment. 

14 11. NOWAIVEROFRIGHTTOENFORCE 

15 The failure of the People to enforce any provision of this Final Judgment shall neither be 

16 deemed a waiver of such provision nor in any way affect the validit>; of this Final Judgment. The 

17 failure of the People to enforce any such provision shall not preclude them from later enforcing the 

18 same or any other provision of this Final Judgment, subject to Paragraph 24. Except as expressly 

19 provided in this Final Judgment, Defendant retains all defenses allowed by law to any such later 

20 enforcement. No oral advice, guidance, suggestions or comments by employees or officials of any 

21 Party regarding matters covered in this Final Judginent shall be construed to relieve any Party of its 

22 obligations under this Final Judgment. 

23 12. FUTURE REGULATORY CHANGES 

24 Nothing in this Final Judgment shall excuse Defendant from meeting any more stringent 

25 requirement that may be imposed by applicable law or by any change in the applicable law. To the 

26 extent any future statutory or regulatory change makes Defendant's obligations less stringent than 

27 those provided for in this Final Judgment, it may apply to this Court on noticed motion for 

28 modification of those obligations contained herein. 

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13. APPLICATION OF FINAL JUDGMENT 

This Final Judgment shall apply to and be binding upon the People and upon Defendant and 

its officers, managers, employees, agents, successors and assigns. No third party beneficiaries are 

created through this Judgment, which shall be enforced only upon motion of one of the Parties or by 

the Court sua sponte. 

14. AUTHORITY TO ENTER FINAL JUDGMENT 

Each signatory to this Final Judgment certifies that he or she is fully authorized by the party 

he or she represents to enter into this Final Judgment, to execute it on behalf of the party represented, 

and to legally bind that party. 

15. CONTINUING JURISDICTION 

The Court shall retain continuing jurisdiction to enforce the terms of this Final Judgment and. 

to address any other matters arising out of or regarding this Final Judgment. The Parties shall meet 

and confer at least ten (1 0) days prior to the filing of any application or motion relating to this Final 

Judgment, and shall negotiate in good faith in an effort to resolve any dispute without judicial 

intervention; provided, however, that the ten (10) day period referenced above shall be shortened to 

five (5) days regarding any alleged violation of paragraph 4.l.a of this Final Judgment. If the Parties 

are unable to resolve their dispute after meet-and-confer discussions, any Party may move this Court 

seeking a resolution of that dispute by the Court. 

16. ABILITY TO INSPECT AND COPY RECORDS AND DOCUMENTS 

On reasonable notice, Defendant shall permit any duly authorized representative of the People 

to inspect and copy records and documents as they deem reasonably necessary to determine 

compliance with the terms of this Final Judgment. Nothing in this paragraph is intended to require 

access to or production of any documents that are protected from production or disclosure by the 

attorney-client privilege, attorney work product doctrine, any other applicable privilege, defense, 

exemption, or immunity afforded to Defendant under applicable law, nor does it waive any of the 

objections or defenses to which Defendant would be entitled in responding to requests for documents 

made by subpoena or other formal legal process or discovery. This obligation shall not require 

Defendant to alter its normal document-retention policies (including but not limited to policies 

14 

sf-3138122 Stipulation for Entry afFinal Judgment and Permanent Injunction 
• • 

1 regarding backup tapes for electronic documents); provided, however, that Defendant's policies must 

2 comply with Health and Safety Code Chapters 6.5 and 6.95; Health and Safety Code sections 

i 

3 117600, et seq.; and their implementing regulations. The Parties agree that Defendant may not be 

4 deemed in violation of this Paragraph for failure to maintain such records unless Defendant fails to 

5 exercise reasonable diligence in administering this record retention requirement. Nothing in this 

6 paragraph is intended to limit the authority of any governmental agency to inspect Defendant or its 

7 records and documents under applicable law. 

8 17. PAYMENT OF LITIGATION EXPENSES AND FEES 

9 Defendant shall make no request of the People to pay its attorneys fees, expert witness fees 

10 and costs and all other costs oflitigation and investigation incurred to daie. 

11 18. INTERPRETATION 

12 This Final Judgment was drafted equally by all Parties. The Parties agree that the rule of 

13 construction holding that ambiguity is construed against the drafting party shall not apply to the 

14 interpretation of this Final Judgment. 

15 19. COUNTERPART SIGNATURES 

16 This Final Judgment may be executed by the Parties in counterpart. 

17 20. ENTRY AFTER SUBMISSION TO COURT 

18 The Parties seek approval of this Final Judgment upon submission to the Court and have 

19 requested that the Court make a determination that the Final Judgment is fair and in the public 

20 interest. 

21 21. INTEGRATION 

22 This Final Judgment constitutes the entire agreement between the Parties and may not be 

23 amended or supplemented except as provided for herein. No oral representations have been made or 

24 relied upon other than as expressly set forth herein. 

25 22. MODIFICATION OF FINAL JUDGMENT 

26 This Final Judgment may be modified only on noticed motion by one of the Parties with 

27 approval of the court, or upon written consent by all of the Parties and the approval of the court. 

28 Ill 

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sf-3138122 Stipulation for Entry of Final Judgment and Permanent Injunction 
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1 23. STATUS REPORTS 

2 Beginning six (6) months after entry of this Final Judgment, for as iong as this Final 

3 Judgment remains in effect, Defendant shall submit an annual status report to the People's 

4 representative listed in Section 8 above. The status report shall: (a) briefly summarize the actions 

5 that Defendant has taken during the previous year in order to comply with its obligations under this 

6 Final Judgment; (b) disclose and provide copies of any notices of violation that Defendant has 

7 received pertaining to environmental matters in the State of California, and disclose any corrective 

8 measures taken as a result; and (c) set forth any penalties Defendant has paid to any governmental 

9 agency for alleged noncompliance with any environmental statute or regulation arising from business 

10 operations in California. Each status report shall be signed by an Officer of Defendant under penalty 

11 ofpeljury that to the best of his or her knowledge, based on information and belief, and after 

12 reasonable investigation, the information contained therein is true and correct. Provided, further, that 

13 beginning one year after entry of this Final Judgment, and continuing for as long as this Final 

14 Judgment remains in effect, Defendant shall, at the People's request, on an annual basis, meet to 

15 describe to the People's representatives the status of Defendant's compliance with Paragraph 4, 4.1, 

16 and 4.2 of this Judgment. 

17 24. TERMINATION OF FINAL JUDGMENT 

18 At any time after this Final Judgment has been in effect for five (5) years, and Defendant has 

19 paid any and all amounts due under the Final Judgment, any party may provide notice to the Court 

20 (which shall be served on all parties) that the injunctive provisions of this Final Judgment should 

21 expire and have no further force and effect ("Notice of Termination"). The injunctive provisions of 

22 this Final Judgment will be of no further force or effect sixty (60) days thereafter, unless the People 

23 file a motion contesting the expiration of any injunctive provisions within forty ( 40) days of receipt 

24 of the Notice of Termination. In the event that such motion is filed, none ofthe injunctive provisions 

25 of the Final Judgment contested in the People's motion will terminate pending the Court's ruling on 

26 the motion. The People reserve the right to contest termination exclusively on the grounds that 

27 Defendant has not substantially complied in all material respects with the injunctive provisions of the 

28 Final Judgment or has not been reasonably diligent in pursuing the actions described in Paragraph 

16 

sf-3138122 Stipulation for Entry of Final Judgment and Pennanent Injunction 
. \_ ~ , 

• • 

1 4.2.a., and to offer any evidence relevant to such motion. Defendant reserves its rights to respond to 

2 any ground raised in the People's motion and to offer any evidence relevant to such motion. The 

3 injunctive provisions in the Final Judgment will expire and be of no further force or effect unless the 

4 Court (upon consideration of the Parties' pleadings and arguments, if any) makes findings of fact and 

5 determines that the expiration of the provision at issue would not be in the interest of justice, because 

6 Defendant has not substantially complied in material respects with such provision or has not been 

7 reasonably diligent in pursuing the actions described in Paragraph 4.2.a. The termination of the 

8 injunctive provisions of the Final Judgment shall have no effect on Defendant's obligation to comply 

9 with the requirements imposed by statute, regulation, ordinance, or law. 

10 IT IS SO STIPULATED. 

11 FOR THE PEOPLE: 

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DATED: 

DATED: 

NANCY E. O'MALLEY, District Attorney 

County of Alameda, State of California 

C/Y~ By: """"VID~/~~~~·~ KE ~~~~~ Senior Deputy District ttorney 

Attomeys for Plaintiff 

MICHAEL L. RAMSEY, District Attorney 

County of Butte, State of California 

(A· 

I )..,....~%-1!07-

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sf-3138122 

• • 

MARK A. PETERSON, District Attorney 

County of Contra Costa, State of California 

By: 

Deputy 

S~I-

~~~ District Attorney 

Attorneys for Plaintiff 

ELIZABETH A. EGAN, District Attorney 

County of Fresno, State of California 

By: ~Ml~C=HAE~~L~B~R~U~MME~=L~----------

Deputy District Attorney 

Attorneys for Plaintiff 

PAUL V. GALLEGOS, District Attorney 

County of Humboldt, State of California 

By: David J. Irey for 

~P~A~UL~V~.G~AL~L~E~G~O~S~------------

District Attorney 

Attorneys for Plaintiff 

LISA S. GREEN, District Attorney 

County of Kern, State of California 

By: ~J~O~HN~T~. Ml~T=c=H=EL~L~------------

Deputy District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
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sf-3138122 

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.5/z 1 /z_o 12.... 

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MARK A. PETERSON, District Attorney 

County of Contra Costa, State of California 

By: ~s=T~A~C~E~Y~G~RA~S~S~m~I--------------

Deputy District Attorney 

Attorneys for Plaintiff 

ELIZABETH A. EGAN, District Attorney 

County of Fresno, State of Califo 

By: 1A 

MICHAEL BRUMMEL 

Deputy District Attorney 

Attorneys for Plaintiff 

PAUL V. GALLEGOS, District Attorney 

County of Humboldt, State of California 

By: David J. Irey for 

~P~A~UL~V~.~G~A~LL~E~G~o=s-------------

District Attorney 

Attorneys for Plaintiff 

LISA S. GREEN, District Attorney 

County of Kern, State of California 

By: ~J~O~HN~T~.~M~IT~C~HE~L L ____________ __ 

Deputy District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
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DATED: 

DATED: 

DATED: _5~2-J / ;z__ 

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• 

MARK A. PETERSON, District Attorney 

Cocmty of Contra Costa, State of California 

By: ~S~T~A~C~E~Y~G~RA~S~SlN~I--------------

Deputy District Attorney 

Attorneys for Plaintiff 

ELIZABETH A. EGAN, District Attorney 

County of Fresno, State of Califomia 

By: ~M~I~C~HAE~~L~B~R~U~MME~~L-------------

Deputy District Attorney 

Attorneys for Plaintiff 

LISA S. GREEN, District Attomey 

County ofKem, State of California 

David J. Irey for 

By: ~J~O~HN~T~.~M~I=T~C~HE=L~L~-------------

Deputy District Attorney 

Attorneys for Plaintiff 

18 

Stipulation for Entry of Final Judgment and Pennanent Injunction 

sf-3138122 
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DATED: 

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sf-3138122 

• • 

MARK A. PETERSON, District Attorney 

County of Contra Costa, State of California 

By: ~S~T~A~C~E~Y~G~RA~S~S~IN~l~------------

Deputy District Attorney 

Attorneys for Plaintiff 

ELIZABETH A. EGAN, District Attorney 

County of Fresno, State of California 

By: ~M~rc=r1A~E=L~B~R~U~MM~=EL~-----------

Deputy District Attorney 

Attorneys for Plaintiff 

PAUL V. GALLEGOS, District Attorney 

County of Humboldt, State of California 

By: David J. Irey for 

~P~A~U~L~V .~G~AL~LE~G~O~S~--------~-

District Attorney 

Attomeys for Plaintiff 

LISA S. ~REEN, District orney 

::'"cy 0 :7r';f~0i~G\;\q· C:'.~-::-----_j 

Jjil IN T. MITCHELL 

(), puty District Attorney 

"l' orneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Pennanent Injunction 
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DATED: 

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sf-3138122 

• • 

STEVE COOLEY, District Attorney 

County of Los An eles, tate of California 

EDWARD S. BERBERIAN, JR., District Attorney 

County of Marin, State of California 

By: -A~ND~RE~S~H~.~P=E~RE=z~-------------

Deputy District Attorney 

Attorneys for Plaintiff 

LARRY D. MORSE, District Attorney 

County of Merced, State of California 

By: David J. Irey for 

~L~AR~R~Y~D~.~M0~R~S=E~-------------

District Attorney 

Attorneys for Plaintiff 

DEAN D. FLIPPO, District Attorney 

County of Monterey, State of California 

By: -M~NNE~~M~.M~rc=HAE~=L~S-------------

Managing Deputy District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
• • 

1 STEVE COOLEY, District Attorney 

2 County of Los Angeles, State of California 

3 

DATED: By: 

4 DANIEL J. VJRIGHT 

Deputy District Attomey 

5 Attomeys for Plaintiff 

6 

7 EDWARD S. BERBERIAN, JR., District Attorney 

County of Marin, State of Califomia 

8 

9 DATED: s 121./zt)/2- By: . [ZulUi;! !/ Jid 

10 A..NDRES H. PEREZ 

Deputy District Attomey 

11 Attorneys for Plaintiff 

12 

13 

LARRY D. MORSE, District Attorney 

County of Merced, State of California 

14 

15 DATED: By: David J. Irey for 

LARRY D. MORSE 

16 District Attort~ey 

17 Attorneys for Plaintiff 

18 

DEAN D. FLIPPO, District Attorney 

19 County of Monterey, State of California 

20 

21 DATED: By: 

ANNE M. MICHAELS 

22 Managing Deputy District Attorney 

Attorneys for Plaintiff 

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sf-3138122 

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_Q~)rz_ 

• 

STEVE COOLEY, District Attorney 

County of Los Angeles, State of California 

By: ~D~AN~I=E=L~J~.vnu==~G~H=T~-------------

Deputy District Attorney 

Attorneys for Plaintiff 

EDWARD S. BERBERIAN, JR., District Attorney 

County of Marin, State of California 

By: 

-AN-:-:-::D=-RE=-=-s=-=Hc-:. P=-=E=-=RE=z-:--------

Deputy District Attorney 

Attorneys for Plaintiff 

LARRY D. MORSE, District Attorney 

County of M reed, tate of alifornia 

By: David J. Irey for 

~L~~~~~~--------------

District P.~ttorn.v;'>-.' _.., 

Attorneys for Plaintiff 

DEAN D. FLIPPO, District Attorney 

County of Monterey, State of California 

By: -A~NN~E=-M~.M~IC~HAE~=L~S-------------

Managing Deputy District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Pennanent Injunction 
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DA1ED: 

DA1ED: 

DA1ED: 

• 

S1EVE COOLEY, District Attorney 

County of Los Angeles, State of California 

By:~~~~==~~-------------- DANIEL J. WRIGHT 

Deputy District Attorney 

Attorneys for Plaintiff 

EDWARD S. BERBERIAN, JR, District Attorney 

County of Marin, State of California 

By: -AND~~RE~S~H=.~p=E=RE~Z---------------

Deputy District Attorney 

Attorneys for Plaintiff 

LARRY D. MORSE, District Attorney 

County of Merced, State of California 

By: David J. Irey for 

~L~ARR~~Y D~.M~O~RS~E~--------------

District Attorney 

Attorneys for Plaintiff 

DA1ED:~ /}/, ~0/dBy: -::)l.!:~~±:c;-;~.:..___..::..1..-""~~~ U Managing Deputy District Attorney 

Attorneys for Plaintiff 

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;-~o2/;:2-- ~I 

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TONY RACKAUCKAS, District Attorney 

Conn State of California 

Deputy District Attorney 

Attorneys for Plaintiff 

R. SCOTT OWENS, District Attorney 

County of Placer, State of California 

By: __ ~~----==~----------o_,_vid_J_.rr_'_Y£_o'_ 

R. SCOTT OWENS 

District Attorney 

Attorneys for Plaintiff 

PAUL ZELLERBACH, District Attorney 

County of Riverside, State of California 

By: ~T=r=FF~ANY~~G~RAN~=T~--------------

Deputy District Attorney 

Attomeys for Plaiutiff 

JAN SCULLY, District Attorney 

County of Sacramento, State of California 

By: __ ~~---------------------- JANECRUE 

Deputy District Attomey 

Attomeys for Plaintiff 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
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sf-3138122 

• 

~---J;;_z/; "L 

TONY RACKAUCKAS, District Attomey 

County of Orange, State of California 

By:-=~~~~~~~------------ WILLIAM G. FALLON 

Deputy District Attomey 

Attomeys for Plaintiff 

R. SCOTT OWENS, District Attomey 

County ofPla , ate ofCalifo ·a 

David J. Irey for 

PAUL ZELLERBACH, District Attorney 

County of Riverside, State of Califomia 

By: ~T=r=pp~.AN~Y~G~RAN~T=---------------

Deputy District Attorney 

Attomeys for Plaintiff 

JAN SCULLY, District Attorney 

County of Sacramento, State of California 

By: -J~AN~E~C=R~U~E~------------------

Deputy District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
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sf-3138122 

• • 

TONY RACKAUCKAS, District Attorney 

County of Orange, State of California 

By: ~W~IL~LIA~M~G~.~FA~L~L~O~N~-----------

Deputy District Attorney 

Attorneys for Plaintiff 

R. SCOTT OWENS, District Attorney 

County of Placer, State of California 

By: David J. Irey for 

~R~.~S~C~o=TT~O~WE~N=s~-------------

District Attorney 

Attorneys for Plaintiff 

PAUL ZELLERBACH, District Attorney 

County of Riverside, State of California 

JAN SCULLY, District Attorney 

County of Sacramento, State of California 

By:~~~~~-----------------­ JANECRUE 

Deputy District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
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sf-3138122 

"""" ___________________ _ 

• 

S/z:-1(\?.-

TONY RACKAUCKAS, District Attorney 

County of Orange, State of California 

By: ~~~~L~~~G~.~F~AL~LO~N~-----------

Deputy District Attorney 

Attorneys for Plaintiff 

R. SCOTT OWENS, District Attorney 

County of Placer, State of California 

By: David J. Irey for 

~R~.~S~C~O~TT~O~WE~N~S~-------------

District Attorney 

Attorneys for Plaintiff 

PAUL ZELLERBACH, District Attorney 

County of Riverside, State of California 

By: ~T~ff~F~ANY~~G~RANT~~--------------

Deputy District Attorney 

Attorneys for Plaintiff 

JAN SCULLY, District Attorney 

County of Sacramento, State of California 

District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry ofFinaJ Judgment and Permanent Injunction 
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sf-3138122 

• 

MICHAEL A. RAMOS, District Attorney 

County of San Bernardino, State of Califon:ia 

By: ~'Z)_-:""""::,.,_V~~=,----;--::=1 :=-:. -.,.,· :-vZ~v«=""'=::;c_ __ DANIEL SILVERMAN 

Deputy District Attorney 

Attorneys for Plaintiff 

BONNIE M. DUMANIS, District Attorney 

County of San Diego, State of California 

By: ____ ~~--~---------------- KAREN I. DOTY 

Deputy District Attorney 

Attorneys for Plaintiff 

GEORGE GASCON, District Attorney 

County of San Francisco, State of California 

By: ~RThffi==~D:-.~C~RA~VE==TT=--------------

ChiefDeputy District Attorney 

Attorneys for Plaintiff 

JAMES P. WILLETT, District Attorney 

County of San Joaquin, State of California 

By: ~D:-A~VI~D~J~.I=RE~Y~---------------

Supervising Deputy District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
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DATED: 

DATED: !{*-&/8 , ZOIZ.. 

DATED: 

DATED: 

• 

MICHAEL A. RAMOS, District Attorney 

County of San Bernardino, State of California 

By: ~D~A}IT~~EL~SI~LV~E~RMA~N~-----------

Deputy District Attorney 

Attorneys for Plaintiff 

BONNIE M. DUMANIS, District Attorney 

County of San Diego, State of California 

By: ~~------J-. __ ~----"'---­ KAREN I. DOTY 

Deputy District Attorney 

Attorneys for Plaintiff 

GEORGE GASCON, District Attorney 

County of San Francisco, State of California 

By: ~JUN~=E~D~.~c=RA~V=ET=T~------------

Chief Deputy District Attorney 

Attorneys for Plaintiff 

JAMES P. WILLETT, District Attorney 

County of San Joaquin, State of California 

By: ~D~A~V~I=D~J~.r=RE~Y~---------------

Supervising Deputy District Attorney 

Attorneys for Plaintiff 

• 

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sf-3138!22 Stipulation for Entry afFinal Judgment and Permanent Injunction 
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sf-3138122 

• • 

GERALD T. SHEA, District Attorney 

County of San Luis Obispo, State of California 

Deputy District A orney 

Attorneys for Plaintiff 

STEPHEN M. W AGST AFFE, District Attorney 

County of San Mateo, State of California 

By: David J. lrey for 

~J~O~HN~E~.=w~~~S~O~N~--------------

Deputy District Attorney In Charge 

Attorneys for Plaintiff 

JEFFREY F. ROSEN, District Attorney 

County of Santa Clara, State of California 

n-." David J. Irey for 

~J·~~~~~~~==---------------- TINA NUNES OBER 

Deputy District Attorney 

Attorneys for Plaintiff 

BOB LEE, District Attorney 

County of Santa Cruz, State of California 

By: ~W~I=L-L~IAM~~A~TIUN==~s~O~N-------------

Supervising Assistant District Attorney 

Attorneys for Plaintiff 

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Stipulation for Entry of Final Judgment and Pennanent Injunction 
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DATED: 

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sf-3138122 

• • 

GERALD T. SHEA, District Attomey 

County of San Luis Obispo, State of California 

' 

By: ~S~T=E~V=EN~D~.~V~O~N~D~O~HL~E~N~--------

Deputy District Attomey 

Attomeys for Plaintiff 

STEPHEN M. W AGST AFFE, District Attomey 

County of S ateo, State of California 

By: David J. lrey for 

~J~O~~~~~~+-------------

Deputy Distric ey In Charge 

Attomeys for Plaintiff 

BOB LEE, District Attomey 

County of Santa Cruz, State of California 

By: ~w==~~L~~~~A~T=KIN~S~O~N~-----------

Supervising Assistant District Attomey 

Attomeys for Plaintiff 

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Stipulation for Entry of Final Judgment and Permanent Injunction 
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DATED: 

DATED: 

DATED: 

DATED: s- v'l.\ 1 l ::t, 

GERALD T. SHEA, District Attorney 

. County of San Luis Obispo, State of California 

By: ~s=T=E~V=E~N~D-.~v=o~N~D~O=H=L~EN~---------

Deputy District Attorney 

Attorneys for Plaintiff 

STEPHEN M. W AGST AFFE, District Attorney 

County of San Mateo, State of California 

·By: David J. Irey for 

~~~~~~~--------------- JOHN E. WILSON 

Deputy District Attorney In Charge 

Attorneys for Plaintiff 

JEFFREY F. ROSEN, District Attorney 

County of Santa Clara, State of California 

By: David J. Irey for 

~~~~~~~--------------- TINA NUNES OBER 

Deputy District Attorney 

· Attorneys for Plaintiff 

BOB LEE, District Attorney 

County of Santa Cruz, State of California 

By: ·~E~~&:~ Supervising Assistant District Attorney 

Attorneys for Plaintiff 

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sf-3!38122 Stipulation for Entry of Final Judgment and Permanent Injunction 
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sf-3138122 

• • 

STEPHEN CARLTON, District Attorney 

County of Shasta, State of California 

DONALD A. DU BAIN, District Attorney 

Com1ty of Solano, State of California 

By: ~D~~~~T~A~ffiA~-----------------

Deputy District Attorney 

Attorneys for Plaintiff 

JILL R, RA VITCH, District Attorney 

County of Sonoma, State of California 

By: ~MA:-;-:-TT;;:;;, :;:;:HE=w=T:-, C;::;HE=E""VE=R:----------

Deputy District Attorney 

Attorn,eys for Plaintiff 

BIRGIT A. FLADAGER, District Attorney 

County of Stanislaus, State of California 

By: David J. Irey for 

~B~I~R~G~IT~A .~F~L~AD~A~G~E~R-----------

District Attorney 

Attorneys for Plaintiff 

23 

Stipulation for Entry of Final Judgment and Permanent Injunction 
<' 

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DATED: 

DATED: 

DATED: 

DATED: 

sf-3138122 

• • 

STEPHEN CARLTON, District Attorney 

County of Shasta, State of California 

By: ~E~ruN~~M.~D~E~R~V~IN~--------------

Deputy District Attorney 

Attorneys for Plaiotiff 

DONALD A. DU BAIN, District Attorney 

County of Solano, State of California 

By: 

DIANETA!RA 

c2:J ~ ~"""""~":.:."---- Deputy District Attorney 

Attorneys for Plaiotiff 

JILL R. RA VITCH, District Attomey 

County of Sonoma, State of California 

By: ~M~A=TT=H~EW~T~.~C~H=E=E=v=E=R~----------

Deputy District Attorney 

Attorneys for Plaintiff 

BIRGIT A. FLADAGER, District Attomey 

County of Stanislaus, State of California 

By: David J. Irey for 

~B~I=R~G~IT~A~.F~L~AD~A~G~ER~--~--------

District Attomey 

Attorneys for Plaiotiff 

23 

Stipulation for Entry of Final Judgment and Permanent Injunction 
1 

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DATED: 

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sf-3138!22 

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s::\ 22-\ )l-

• 

STEPHEN CARLTON, District Attorney 

County of Shasta, State of California 

By: ~E~ruN~ .~D~E=R~VTN~---------------

Deputy District Attorney 

Attorneys for Plaintiff 

DONALD A. DU BAlN, District Attorney 

County of Solano, State of California 

By: ~D~lANE~~T~AlRA~~----------------

Deputy District Attorney 

Attorneys for Plaintiff 

JilL R. RA VITCH, District Attorney 

County of Sonoma, State of California 

By: -c-:-:~'====-\-=·=~==----­ MATTHEW T. CHEEVER 

Deputy District Attorney 

Attorneys for Plaintiff · 

BIRGIT A. FLADAGER, District Attorney 

County of Stanislaus, State of California 

By: David J. Irey for 

~B~IR~G~IT~A~.~F~L~AD~A~G~E=R------------

District Attorney 

Attorneys for Plaintiff 

23 

Stipulation for Entry of Final Judgment and Permanent Injunction 
• • 

1 STEPHEN CARLTON, District Attorney 

2 County of Shasta, State of California 

3 

DATED: By: 

4 ERIN M. DERVIN 

Deputy District Attorney 

5 Attorneys for Plaintiff 

6 

7 DONALD A. DU BAIN, District Attorney 

County of Solano, State of California 

8 

9 DATED: By: 

10 DIANE TAIRA 

Deputy District Attorney 

11 Attorneys for Plaintiff 

12 

13 

JILL R. RA VITCH, District Attorney 

County of Sonoma, State of California 

14 

15 DATED: By: 

MATTHEW T. CHEEVER 

" Deputy District Attorney 10 

17 Attorneys for Plaintiff 

18 

BIRGIT A. FLADAGER, District Attorney 

19 County of Stanis! ate of Cali£ a 

20 

DATED: r/u)~ By: David J. Irey for 

21 

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28 

23 

Stipulation for Entry of Final Judgment and Petmanent InjWiction 

sf-313&122 
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• 

DATED: 

DATED: 

FOR DEFENDANT: 

DATED: -----------------

DATED: -----------------

• 

PHILLIP CLINE, District Attorney 

County of Tulare, State of California 

Deputy District Attorney 

Attorneys for Plaintiff 

GREGORY D. TOTTEN, District Attorney 

County of Ventura, State of California 

By: ____ ==~~~~~----------- MITCHELL F. DISNEY 

Senior Deputy District Attorney 

Attorneys for Plaintiff 

JEFF W. REISIG, District Attorney 

County of Yolo, State of California 

By:~~~~~~~~~-----------­ JONATHANH. RAVEN 

By: 

By: 

Chief Deputy District Attorney 

Attorneys for Plaintiff 

JOHN CHRISTOPHER SULLIVAN 

Associate General Counsel, Chief Compliance 

Officer, Assistant Secretary, Vice President 

COSTCO WHOLESALE CORPORATION 

NITCHAELJACOBSTEEL 

MORRISON & FOERSTER LLP 

Attorney for COSTCO WHOLESALE 

CORPORATION 

24 

Stipulation for Entry afFinal Judgment and Pennanent Injunction sf-3138122 
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• 

DATED: 

DATED: 

DATED: 

FOR DEFENDANT: 

DATED: -----------------

DATED: -------

• 

PIDLLIP CLINE, District Attorney 

County of Tulare, State of California 

By: ~R~O~D~NE~Y~M~.B~L~A~C~O~-----------

Deputy District Attorney 

Attorneys for Plaintiff 

GREGORY D. TOTTEN, District Attorney 

County of Ventura, State of California 

By·~~~ . ~CHELLF. IS--

Senior Deputy District Attorney 

Attorneys for Plaintiff 

JEFF W. REISIG, District Attorney 

County of Yolo, State of California 

By:~--~~~~~~----------- JONATHAN H. RAVEN 

By: 

By: 

Chief Deputy District Attorney 

Attorneys for Plaintiff 

JOHN CHRISTOPHER SULLIVAN 

Associate General Counsel, Chief Compliance 

Officer, Assistant Secretazy, Vice President 

COSTCO WHOLESALE CORPORATION 

MICHAEL JACOB STEEL 

MORRISON & FOERSTER LLP 

Attorney for COSTCO WHOLESALE 

CORPORATION 

24 

Stipulation for Entry of Final Judgment and Permanent Injunction sf-3138122 
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DATED: 

DATED: 

DATED: 

FOR DEFENDANT: 

DATED: -----------------

DATED: 

-----------------

• 

PHILLIP CLINE, District Attorney 

County of Tulare, State of Califomia 

By: ~R~O~D=NE~Y~M~.~BLA~C~O--------------

Deputy District Attorney 

Attomeys for Plaintiff 

GREGORY D. TOTTEN, District Attorney 

County of Ventura, State of Califomia 

By: ~M~I=T~C~HE=L~L~F.~D~r=sN~E=Y~-----------

Senior Deputy District Attorney 

Attorneys for Plaintiff 

JEFF W. REISIG, District Attorney 

County of Yolo, State of California 

~~~ Chief Deputy District Attomey 

Attomeys for Plaintiff 

By: 

By: 

JOHN CHRISTOPHER SULLIVAN 

Associate General Counsel, Chief Compliance 

Officer, Assistant Secretary, Vice President 

COSTCO WHOLESALE CORPORATION 

MICHAEL JACOB STEEL 

MORRISON & FOERSTER LLP 

Attorney for COSTCO WHOLESALE 

CORPORATION 

24 

Stipulation for Entry of Final Judgment and Permanent Injunction sf-3138122 
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• 

DATED: 

DATED: 

DATED: 

• 

PHILLIP CLINE, District Attorney 

County of Tulare, State of California 

By: ~R~O~D~N~E=Y~M~.~B-L~A~C~O--------------

Deputy District Attorney 

Attorneys for Plaintiff 

GREGORY D. TOTTEN, District Attorney 

County of Ventura, State of California 

By: ~M-=IT~C=HE~LL~F.~D~I SN~E=Y~-----------

Senior Deputy District Attorney 

Attorneys for Plaintiff 

JEFF W. REISIG, District Attorney 

County of Yolo, State of California 

By: -J~O~N~A~T~H~A~N~H~.RA~V~E~N~-----------

Chief Deputy District Attorney 

Attorneys for Plaintiff 

FOR DEFENDA!\lj: 

DATED: ~~·ti) __ M_,~~7f-- By: 

JOHN CHRISTOPHER SULUV AN 

Associate General Counsel, Chief Compliance 

Officer, Assistant Secretary, Vice President 

COSTCO WHOLESALE CORPORATION 

DATED: IN\~ "Z.L\I 20\'L By: ~ ~· g{)J:ut6P MICHAEL JACOB ST L 

MORRISON & FOERSTER LLP 

Attorney for COSTCO WHOLESALE 

CORPORATION 

24 

Stipulation for Entry of Final Judgment and Permanent Irtiunction 

sf-3138122 
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• • 

IT IS SO ORDERED. 

JUN 0 1 2012 

DATED: 

25 

Stipulation for Entry of Final Judgment and Pennanent Injunction 

sf-3138122 
• • 

EXHIBIT A 
··~··~----------------

• 

EXHIBIT • A- FACILITIES LIST 

:~ ·Stan~~ NO'< ' . ..Mores.s :~ :,:,f':; ,,,,,, ·' .. · •. City < ' 

··•q -H; <~99J.!OiY _;;":,~ .. ::;;:;~,.,; ',}' ,., 

778 43621 Padfic Commons Blvd. Fremont Alameda 94538 

1061 28505 Hesperian Blvd. Hayward Alameda 94545 

823 22330 Hathaway Avenue Hayward Alameda 94541 

146 2800 Independence Drive Livermore Alameda 94550 

118 1900 Davis St. San Leandro Alameda 94577 

1011 2100 Dr. Martin Luther King Jr. Parkway Chico Butte 95928 

1002 2201 Verne Roberts Cirde Antioch Contra Costa 94509 

663 2400 Monument Blvd. Concord Contra Costa 94518 

21 3150 Fostoria Way Danville Contra Costa 94526 

482 4801 Central Ave. Richmond Contra Costa 94804 

135 380 West Ashlan Blvd. Clovis Fresno 93612 

31 4500 West Shaw Ave. Fresno Fresno 93722 

657 7100 N Abby St. Fresno Fresno 93720 

125 1006 West Wasbash Ave. Eureka Humboldt 95501 

121 2030 N. Imperial Ave. El Centro Imperial 92243 

688 3800 Rosedale Highway Bakersfield Kern 93308 

643 4900 Panama Lane Bakersfield Kern 93313 

428 2207 W. Commonwealth Alhambra Los Angeles 91803 

412 1220 W. Foothill Blvd. Azusa Los Angeles 91702 

677 1051 Burbank Blvd. Burbank Los Angeles 91506 

44 21300 Roscoe Blvd. Canoga Park Los Angeles 91304 

679 17550 Castleton St. City of Industry Los AI 1geles 91748 

569 6333 Telegraph Rd. Commerce Los Angeles 90040 

671 14501 Hindry Avenue 17/awthorne Los Angeles 90250 

564 12530 Prairie Ave. Hawthorne Los Angeles 90250 

769 3560 West century Blvd. Inglewood Los Angeles 90303 

1050 340 Lakewood Center Mall Lakewood Los Angeles 90712 

762 1141 West Avenue.L Lancaster Los Angeles 93534 

130 2901 Los Feliz Blvd. Los Angeles Los Angeles 90039 

479 13463 Washington Blvd. Marina del Rey Los Angeles 90292 

459 1345 Montebello Boulevard Montebello Los Angeles 90640 

437 8810Tampa Avenue Northridge Los Angeles 91324 

410 12324 Hoxie Avenue Norwalk Los Angeles 90650 

1071 13550 W. Paxton Street Pacoima Los Angeles 91331 

1015 520 N. Lone Hill Ave. San Dimas Los Angeles 91773 

447 18649 Via Princessa Santa Clarita Los Angeles 91351 

424 2200 E Willow St. Signal Hut Los Angeles 90806 

476 2751 Sky Park Drive Torrance Los Angeles 90505 

48 6100 Sepulveda Blvd. Van Nuys Los Angeles 91411 

1 of 4 
. '' 

• • EXHIBIT A- FACILITIES LIST 

.. Store No ,'/ 'AMress C:ifi , Z!i\:d 

[117 5700 Llndero Canyon Road ,west Lake Village Los Angeles 191362 

1141 300 vmtage vvay ·Novato Marin lg4945 

1142 1445 R Street !Merced Merced 195340 

1472 1339 N. Davis Road Salinas 193907 

1131 801 Tioga Avenue ,Sand City ., ;93955 

/748 5401 Katella Avenue orange ;90630 

1411 t7900 I 'Street Valley Orange 92708 

1418 1900 Soulh Harbor Blvd. orange !92832 

1126 11000 Garden Grove Blvd. Garden Grove orange 92843 

1454 t 15. lv"J Drive West Irvine Orange 192618 

777 101 N. Beach Blvd. La Habra Orange 90631 

28 27972 Cabot Road Laguna Niguel Orange 92677 

/690 !27220 I "' ""' Road IaQuila.Niguel orange 92677 

429 !33961 Doheny Park Road, San Juan 1 i ""V orange 92675 I 

122 2655 El Camino Real Tustin Orange 92782 

1001 2100 Park Ave. fUSHn Orange 92782 

445 22633 Savi Ranch ro"w•y Yorba Linda Orange 92887 

129 16750 Stanford Ranch Road 'Placer 195678 

1432 /480 I rSt. corona i i /91719 

11032 1215 h•in"erCircle ;Corona [92880 

[638 179795 nicnwoy 111 ILa Quinta i 192253 

1746 129315 Central Ave. 'Lake Elsinore ! 192532 

1960/961 111600 1 l Drive !Mira Loma i /91752 

!455 112700 Day Street Moreno Valley i 192553 

1441 172-800 Dinah Shore Drive Palm Desert i 192211 

'491 !26610 Ynez Road Temecula I 92591 

771 '"'Blvd. Citrus Heights ,95621 

1765 11800 Cavitt Drive Folsom /95630 

438 111260 White Rock Road Rai1chO ""v 95742 

471 1600 Expo '""' mu '"V 95815 

464 7981 E •. I Blvd. <>acramemo 95823 

1043 970 i i ,,, Suite 20 95605 

473 13111 Peyton Drive Chino Hills San uo'""'"'"v 91709 

627 16505 SieraLakes ~""w•y Fontana !San 92336 

686 9404 Central Avenue /San •v•" 91763 

678 11800 4th Street Rancho • """ San uo" ••• "'"v 91730 

478 1099 E. I 1 ·Lane San San i 92408 

1010 14555 Valley Center Drive i San I 92392 

462 951 I n Rd. San Diego 92009 

2 of4 
• • 

EXHIBIT A- FACILITIES LIST 

Store No · ·. Aqdress . . .,, •;c,. . · · Gouniy ;.: .. . Zip.:. 

781 1136 Broadway Chula Vista San Diego 91910 

460 895 East H Street Chula Vista San Diego 91910 

469 8125 Fletcher Parkway La Mesa San Diego 91941 

908 1001 W. 19th St. National City San Diego 91950 

910 2222 Enrico Fermi Otay Mesa San Diego 92154 

775 12155 Tech Center Drive Poway San Diego 92064 

452 12350 Carmel Mountain Road San Diego San Diego 92128 

488 2345 Fenton Parkway San Diego San Diego 92108 

401 4605 Morena Blvd. San Diego San Diego 92117 

578 7803 Othello Ave San Dle~o San Diego 92111 

483 650 Gateway Center Drive San Diego San Diego 92102 

400 4649 Morena Blvd. San Diego San Diego 92117 

1080 725 Center Drive San Marcos San Diego 92069 

403 101 Town Center Parkway Santee San Diego 92071 

124 1755 Hacienda Drive Vista San Diego 92083 

144 450 Tenth Street San Francisco San Francisco 94103 

1091 2680 Reynolds Ranch Parkway Lodi San Joaquin 95240 

38 1616 E Hammer Lane Stockton San Joaquin 95210 

658 3250 W. Grant Line Rd. Tracy !5an Joaquin 95377 

17211791210 25862 s. Schulte Court .... Tracy San Joaquin 95377 

1031 2440 Daniels St. Manteca San Joaquin 95336 

741 1540 Froom Ranch Way San Luis Obispo San Luis Obispo 93401 

147 1001 Metro Center Blvd. Foster City San Mateo 94404 

1042 2300 Middlefield Road Redwood City San Mateo 94063 

475 1600 EJ Camino Real South San Francisco San Mateo 94080 

422 451 S. Airport Blvd. South San Francisco San Mateo 94080 

474 7095 Market Place Drive Goleta Santa Barbara 93117 

24 1335 South Bradley Road Santa Maria Santa Barbara 93454 

760 7251 Camino Arroyo Gilroy Santa Clara 95020 

143 1000 North Rengslorff Mountain View Santa Clara 94043 

470 5301 Almaden Expressway San Jose Santa Clara 95118 

1004 1709 Automation Parkway San Jose Santa Clara 95131 

148 2201 Senter Road San Jose Santa Clara 95112 

129 1601 Coleman Ave. Santa Clara Santa Clara 95050 

423 150 Lawrence Station Rd. Sunnyvale Santa Clara 94086 

149 220 Sylvania Ave. Santa Cruz Santa Cruz 95060 

133 1300 Dana Drive Redding Shasta 96003 

453 5101 Business Center Drive Fairfield Solano 94585 

694 1051 Hume Way Vacaville Solano 95687 

3 of4 
~~--~----------------

• • 

EXHIBIT A- FACILITIES LIST 

'-.. -.store NO c • Addr~·ss ,' ~,,,i,;''ii'•"'" Ci!)' • ·-~-: ~::~lJ5~_0ql;liy:- ;_, __ /~. :~~inM: 

132 198 Plaza Drive Vallejo Solano 94591 

659 5901 Redwood Drive Rohnert Park Sonoma 94928 

41 1900 Santa Rosa Ave. Santa Rosa Sonoma 95407 

661 3801 Pelandale Avenue Modesto Stanislaus 95356 

782 2955 North Tegner Road Turlock Stanislaus 95380 

1017 1405 W. Cameron Ave. Visalia Tulare 93277 

420 2001 E. Ventura Blvd. Oxnard Ventura 93030 

128 2660 Park Center Drive Simi Valley Ventura 93065 

1003 2299 Bronze Star Dr. Woodland Yolo 95776 

I 

RELOCATED (see relocated locations above) 

136 2100 Dr. Martin Luther King Jr. Pkwy Chico Butte 95928 

137 2201 Verne Roberts Circle Antioch Contra Costa 94509 

822 6881 8th Street Buena Park Orange 90620 

22 14601 VaHey Center Drive Victorville San Bernardino 92392 

787 7130 Miramar Road Suite #300A San Diego Sari Diego 92126 

416 725 Center Drive San Marcos San Diego 92069 

409 2300 Middlefield Road Redwood City San Mateo 94063 

134 3750 S, Mooney Visalia Tulare 93277 

4 of4 
"~-"---------------

• • 

EXHIBIT B-1 
• EXHIBIT B-1 -CIVIL PENALTIES • 

Total 

Marin Co. 

, City 

;Co. 

I Co. 

•Co. 

>Co. 

Placer Co. 

>Co. 

1~0. 

; Office 

""' . Office 

; Office 

. Office 

; Office 

; Office* 

San ""a' uu I Co. ~·~.. • r "" ·~!. i Office 

$1'- CP for the Statewide Circuit Prosecutor Position 

$ 

t<"Mr'DD\1 J 

:San Diego Co. 

:san 'co. 

!San .Jnonuh1 Co. 

San Luis ' Co. 

San Mateo Co.u•~mct 

,Santa Clara Co. 

Santa CruzCo. 

1 Co. i 

>Co. 

tCo. 

;Co. 

>Co. 

.Co. 

'Yolo Co.~·~" .~.-u ... ~, 

Totals-, 

; Office 

:Office 

; Office 

'Office 

; Office 

, ()ffice 

'Office 

s Office 

; Office 

; Office 

; Office 

: Clffice 

Office 

' Office ·~• and 

$ 

I$ 

I$ 

'.J 

$ 

" 

-

-

-

- R!':MM!$ -

-

0 -

- R !':OO nn -

1• o I$ 1• 

1o ?•n nn 

27. 

4~00 

d ?!':000 

1' 

1· 

'"" RR \0000 

1: 

1: 

$ 

107<nnn $ 

27,625.00 

- $ 

-

-

-

-

-

-

-

- $ 

$ 

1~? nnn nn 

1: 0 

16,750.00 

R <nn.nn '"" 

21,250.00 

~ R <nn oo 

f 0 

21,250.00 

oa •nn nn 

d?Mnn 

1: 

17,000. 

2! ,750.· 

17R~ 

12,500.00 

51,250.00 

1.00 

I• ; ?· Costco shall pay $88,000.00 as civil penalties pursuant to section 25515.2 of the Health and Safety 

C~de,. to the Riverside County District Attorney's Office. Said sum will be paid in the form of a check made 

IPEtYa"l'ble to the District Attorney, County of Riverside. 

IS.l/Luu: Costco shall pay $88,000.00 to the Riverside County District Attorney's Office as civil penalties for 

, lu•miu, •o of Business and Professions Code section 17200. Pursuant to Business and Professions Code section 

, t4vv;u1.' said sum will be paid in the form of a check made payable to the District Attorney, County of Riverside; 

sums to be distributed as follows: 100 percent will be deposited into the consumer protection prosecution account 

in the General Fund of ' County. 

**The money paid to the Sacramento District Attorney as costs and penalties, pursuant to this stipulation, shall be 

,for the sole and exclusive use of the District Attorney as reimbursement for costs and to augment the budget of 

'the District Attorney's Office pertaining to the investigation and enforcement of consumer and environmental 

, u•ouuu• laws and in no manner shall supplant or cause any reduction of any portion of the District Attorney's 

urlnAt 

!***Pursuant to Government Code section 26506, any civil penalties recovered in a civil action brought jointly in 

!the name of the People of the State of California by the Attorney General and any combination of one or more 

district ; or citv . shall be oaid as I bv the Court. 

Exhibit B-1 to Stipulation For Entry of Final Judgment and Permanent Injunction in People v. Cos teo 

-----------------~-

Page 1 of 1 
' ' ' . ' • • 

EXHffiiT B-2 
• • EXHIBIT B-2- CIVIL PENALTIES 

I Total Civil 

Penalties Paid 

Agency Ito Agency 

Alameda Co. CUP As: 

-City of San Leandro Environmental Services $ 4,250.00 

- Fremont City Fire Department, Haz Mat Unit $ 4,250.00 

-Livermore- Pleasanton Fire Department, Haz Mat Unit' $ 4,250.00 

- Hayward City Fire Dept. $ 8,500.00 

Butte Co. Environmental Health Dept. $ 4,250.00 

Calif. Department of Toxic Substances Control $ 26,250.00 

California Highway Patrol $ 4,000.00 

Contra Costa Co. Health Services- Hazardous Materials Program $ 17,000.00 

Fresno Co. Community Health Dept., Environmental Health Division $ 11,750.00 

Humboldt Co. Division of Environmental Health $ 3,250.00 

Imperial Co.· DTSC $ 3,250.00 

Kern Co. - Bakersfield City Fire Department $ 7,500.00 

Los Angeles Co. - Los Angeles Co. Fire Health Hazmat $ 121,500.00 

Marin Co. Department of Public Works, Waste Management Division $ 3,250.00 

Merced Co. Division of Environmental Health $ 4,250.00 

Monterey Co. Health Dept. $_ 8,500.00 

Orange Co. -Orange Co. Health Care Agency - Env. Health** ,$ 51,000.00 

Placer Co. - City of Roseville Fire Department i$ 4,250.00 

Riverside Co. ·- Dept. of Environmental Health $ 34,750.00 

Sacramento Co. Environmental Management Dept. $ 25,250.00 

San Bernardino Co. Fire Dept HAZMAT Div. $ 23,500.00 

San Diego Co. Dept of Environmental Health $ 70,250.00 

San Francisco Co. - CUPA City & County Public Health Department $ 3,250.00 

San Joaquin Co. - Environmental Health Dept. $ 48,500.00 

San Luis Obispo Co. Environmental Health Services $ 3,250.00 

San Mateo Co. - Environmental Health Division $ 15,000.00 

Santa Barbara Co. Fire Dept. $ 7,500.00 

Santa Clara Co. CUP As: 

- Dept. of Environmental Health, Hazardous Materials Compliance Division $ 15,000.00 

-Sunnyvale Dept. of Public Safety $ 3,250.00 

-City of Gilroy Fire Dept. $ 3,250.00 

Santa Clara Co. -City of Santa Clara Fire Department $ 3,250.00 

Santa Cruz Co. Environmental Health $ 3,250.00 

Shasta Co. Environmental Health Division $ 3,250.00 

Solano Co. Environmental Health $ 12,750.00 

Sonoma Co. CUP As: 

-Sonoma Co. Fire & Emergency Services Dept. $ 3,250.00 

- Santa Rosa City Fire Department $ 3,250.00 

Stanislaus Co. Dept. of Environmental Resources $ 8,500.00 

Tulare Co. Environmental Health $ 12,250.00 

Ventura Co. CUP As: i 

-Oxnard Fire-CUP A $ 4,250.00 

-Ventura County Environmental Health Division $ 4,250.00 

Yolo Co. Environmental Health Department $ 17,250.00 

Total- Agency Civil Penalties $ 619,500.00 

* The agency requested that the check be made payable to the Livermore Pleasanton Fire Department 

"Hazardous Materials Program Training and Resource Trust Account" 

** Fifty-One Thousand Dollars ($51 ,000.00) is restricted to the Orange County Health Care 

Agency/Environmental Health and is to be placed in a special revenue account. These funds are to be 

used for the enhancements of the Hazardous Waste Program for special projects and other uses as 

determined by the Director of Environmental Health. Said payment shall be made in the form of a check 

made p_ay_able to the Countv of Oranae/Auditor-Controller. 

Exhibit 8-2 to Stipulation For Entry of Final Judgment and Permanent Injunction fn People v. Costco Page 1 of 1 
' ' 

' . • • 

EXHIBIT C 
' 

• • 

EXHIBIT C- SUPPLEMENTAL ENVIRONMENTAL PROJECTS 

Defendant shall provide funds fur the following Supplemental Environmental Projects to be 

administered by the Plaintiff's representatives identified in this Stipulation for Entry afFinal 

Judgment and Pennanent Injunction. Payments shall be made by Defendant on behalf of 

Plaintiff to the entities listed below, and delivered to Supervising Deputy Distdct Attorney 

David J. Irey as set forth in Paragraph 5 of the Stipulation for Entry afFinal Judgment and 

Permanent Injunction. 

1. Environmental Protection Prosecution Fund. DEFENDANT shall provide the 

amount ofForty Thousand Dollars ($40,000.00) to be used by the Craig Thompson 

Environmental Protection Prosecution Fund ("C1EPP Fund") for purposes consistent with the 

mission of the C1EPP Fund. 

2. California CUP A Forum*. DEFENDANT shall provide the amount of Eighty-Two 

Thousand Five Hundred Dollars ($82,500.00) to the CUP A Forum Environmental Protection Trust 

Fund, which is administered and to be used by the Califomia Certified Unified Program Agency 

(CUP A) Forum, for purposes consistent with the mission of the Trust for the CUP A Forum. 

3. Environmental Enforcement and Training Account. DEFENDANT shall provide the 

amount of Twenty 'Thousand Dollars ($20,000.00), made payable to the "Secretary for the 

California Environmental Protection Agency" for deposit in the Environmental Enforcement 

and Training Accmmt as set forth in Penal Code Section14300 et seq., for purposes consistent with 

the mission of the Environmental Enforcement and Training Act of2002. 

4. Western States Project*. DEFENDANT shall provide the amount ofTen Thousand 

Dollars ($1 0,000.00) to be used by the Western States Project for the purposes of providing training 

consistent with the objectives of theW estern States Project. 

5. California Hazardous Materials Investigators Association (CHMIA)*. 

DEFENDANT shall provide the amount ofTen Thousand Dollars ($10,000.00) to be used by 

the CHMIA Board of Directors to fund scholarships for attendance and participation at the armual 

training conference presented by CHMIA. 

6. Cal Recycle. DEFENDANT shall provide the amount of Eighty-One Thousand 

Two Hundred Fifty Dollars ($81,250.00) to be used by the Department of Resources 

Exhibit C to Stipulation/or Entry of Final Judgment and Pennanentlnjunction in People v. COSTCO Pagel of2 
' ,. • 

Recycling and Recovery (Cal Recycle) (hereinafter "CalRecycle") for purposes consistent with 

the mission of Cal Recycle. The California Integrated Waste Management Act of 1989, 

which is administered by the Department of Resources Recycling and Recovery, requires 

each city, county, and regional agency, if any, to develop a source reduction and recycling 

element of an integrated waste management plan containing specified components, 

including a source reduction component, a recycling component, and a com posting 

component. Local jurisdictions are responsible for education, outreach, and monitoring for 

this law, which also sets a statewide goal of recycling 75 percent of solid waste by 2020. The 

funds provided by Costco shall be used to provide grants designed to help reach that goal. 

7. The California Poison Control System. DEFENDANT shall provide the amount 

ofEighty-One Thonsand Two Hundred Fifty Dollars ($81,250.00) to be nsed by The 

California Poison Control System for purposes consistent with the mission of The 

Califomia Poison Control System (hereinafter "CPCS"). The CPCS, managed by the 

University of California San Francisco, School ofPharmacy, Department of Clinical 

Pharmacy, consists offour answering sites: UC Davis Medical Center (Sacramento 

Division), San Francisco General Hospital (San Francisco Division), Children's Hospital 

Central California (Fresno/Madera Division), UC San Diego Medical Center (San Diego 

Division). The central administrative office is located at UCSF's Laurel Heights campus 

in San Francisco. CPCS is a certified member of the American Association ofPoison 

Control Centers. 

* If the payment provided by DEFENDANT is accepted by a designated entity, the designated 

entity shall provide, until the exhaustion of the funds, annual letter reports describing the 

specific use of the funds. The annual letter reports shall be submitted to the Plaintiff's 

representatives identified in this Stipulation for Entry ofFinal Judgment and Pennanent Injunction. 

Exhibit C to Stipulation for Entry of Final Judgment andPennanent lrifunction in People v. COSTCO Page2of2 
• • 

EXHIBIT D-1 
,. ' 

• EXHIBIT D-1 • COSTS 

Agency 

I Total Costs to 

Agency 

Alameda Co. District Attorney's Office I$ 27,000.00 

Butte Co. District Attorney's Office $ 500.00 

Contra Costa Co. District Attorney's Office $ 500.00 

Fresno Co. District Attorney's Office $ 4,000.00 

Humboldt Co. District Attorney's Office $ 500.00 

Kern Co. District Attorney's Office $ 500.00 

Los Angeles Co. District Attorney's Office $ 500.00 

Marin Co. District Attorney's Office $ 500.00 . Merced Co. District Attorney's Office $ 500.00 

Monterey Co. District Attorney's Office $ 1.400.00 

Orange Co. District Attorney's Office $ 22,000.00 

Placer Co. District Attorney's Office $ 500.00 

Riverside Co. District Attorney's Office $ 12,5oo~gg_ Sacramento Co. District Attorney's Office* $ 2,000.00 

San Bernardino Co. District Attorney's Office [Includes $3,750 CP for the Statewide 

Circuit Prosecutor Position (SWCPP)] $ 5,500.00 

San Diego Co. District Attorney's Office $ 2,000.00 

San Francisco Co. District Attorney's Office $ 500.00 

San Joaquin Co. District Attorney's Office $ 50,500.00 

San Luis Obispo Co. District Attorney's Office '$ 500.00 

San Mateo Co. District Attorney's Office $ 750.00 Santa Clara Co. Distric! Attorney's Office $ 750.00 

Santa Cruz Co. District Attorney's Office $ 500.00 

Shasta Co. District Attorney's Office $ 500.00 Solano Co. District Attorney's Office $ 27,000,00 

Sonoma Co. District Attorney's Office $ 500.00 

Stanislaus Co. District Attorney's Office $ 500.00 

Tulare Co. District Attorney's Office $ 1,700.00 

Ventura Co. District Attorney's Office $ 3,700.00 Yolo Co. District Attorney's Office- Consumer and Environmental Division $ 14,000.00 

. Total. Prosecutor Costs .. $ 181,800.00 

*The money paid to the Sacramento District Attorney as costs and penalties, pursuant to this stipulation, shall be for the sole and exclusive use of the District Attorney as reimbursement for costs and to augment the budget of the 

District Attorney's Office pertaining to the investigation and enforcement of consumer and environmental protection 

laws and in no rnanner shall supplant or cause any reduction of any portion of the District Attorney's budget. 

Exhibit D-1 to Stipulation For Entry of Final Judgment and Permanent Injunction in People v. Costco Page 1 of 1 
EXHIBIT D-2 
I 

• EXHIBIT [)..2- COSTS 

Total 

Two Thousand Dollars ($2,000.00) is restricted to the Orange County Health Care Agency/Environmental Health 

is to be placed in a special revenue account. These funds are to be used for the enhancements of the Hazardous 

Program for special projects and other uses as determined by the Director of Environmental Health. Said 

I 

Exhibit D-2 to Strpulation For Entry of Final Judgment and Permanent Injunction in People v. Costco Page 1 of 1