California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 9 - Miscellaneous › Section 25903 - Notices of Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of Section
				  25249.7(d) of the
				  Act, "notice of the violation which is the subject of the action" (hereinafter
				  "notice") shall mean a notice meeting all requirements of this section. No
				  person shall commence an action to enforce the provisions of the Act "in the
				  public interest" pursuant to Section
				  25249.7(d) of the
				  Act except in compliance with all requirements of this section.
(b) Contents of Notice.
(1) General Information. Each notice shall
				  include as an attachment a copy of "The Safe Drinking Water and Toxic
				  Enforcement Act of 1986 (Proposition 65): A Summary" (see Appendix A) prepared
				  by the lead agency. This attachment need not be included in the copies of
				  notices sent to public enforcement agencies. A copy of this attachment may be
				  obtained by writing to the Office of Environmental Health Hazard Assessment at
				  P.O. Box 4010, Sacramento, CA 95812-4010.
(2) Description of Violation. A notice shall
				  provide adequate information from which to allow the recipient to assess the
				  nature of the alleged violation, as set forth in this paragraph. The provisions
				  of this paragraph shall not be interpreted to require more than reasonably
				  clear information, expressed in terms of common usage and understanding, on
				  each of the indicated topics.
(A) For all
				  notices, the notice shall identify:
1. the
				  name, address, and telephone number of the noticing individual or a responsible
				  individual within the noticing entity and the name of the entity;
2. the name of the alleged violator or
				  violators;
3. the approximate time
				  period during which the violation is alleged to have occurred; and
4. the name of each listed chemical involved
				  in the alleged violation;
(B) For notices of violations of Section
				  25249.5 of the Act, a general
				  identification of the discharge or release and of the source of drinking water
				  into which the discharges are alleged to have occurred, to be occurring or to
				  be likely to occur.
(C) For all
				  notices of violation of Section
				  25249.6 of the Act, the route of
				  exposure by which exposure is alleged to occur (e.g., by inhalation, ingestion,
				  dermal contact);
(D) For notices of
				  violation of Section
				  25249.6 of the Act involving
				  consumer product exposures, the name of the consumer product or service, or the
				  specific type of consumer product or services, that cause the violation, with
				  sufficient specificity to inform the recipients of the nature of the items
				  allegedly sold in violation of the law and to distinguish those products or
				  services from others sold or offered by the alleged violator for which no
				  violation is alleged. The identification of a chemical pursuant to subsection
				  (b)(2)(A)4. must be provided for each product or service identified in the
				  notice.
(E) For notices of
				  violation of Section
				  25249.6 of the Act involving
				  occupational exposures:
1. the general
				  geographic location of the unlawful exposure to employees, or where the
				  exposure occurs at many locations, a description of the occupation or type of
				  task performed by the exposed persons;
2. where the alleged violator is the
				  manufacturer or distributor of the chemical or products causing the exposure,
				  the notice shall identify products in the same manner as set forth for consumer
				  product exposures in subparagraph (b)(2)(D), above;
3. the notice shall include the language set
				  forth in California Code of Regulations, Title 8, Section
				  338(b);
(F) For notices of violation of Section
				  25249.6 of the Act involving
				  environmental exposures as defined in subsection
				  25601(d) of this
				  chapter, the notice shall identify, the location of the source of the exposure.
				  Where numerous sources of the exposure are alleged, the location need not be
				  listed if the notice identifies each facility or source of exposure by stating
				  those common characteristics that result in the allegedly unlawful exposure in
				  a manner sufficient to distinguish those facilities or sources from others for
				  which no violation is alleged. The notice shall state whether the exposure for
				  which a warning allegedly is required occurs beyond the property owned or
				  controlled by the alleged violators.
(3) Where the alleged violations fall within
				  more than one of the categories described in subparagraph (b)(2)(B) to
				  (b)(2)(F) above, then the notice shall comply with all applicable
				  requirements.
(4) A notice is not
				  required to contain the following information:
(A) The specific retail outlet or time or
				  date at which any product allegedly violating the Act was purchased;
(B) The level of exposure to the chemical in
				  question;
(C) The specific
				  admissible evidence by which the person providing the notice will attempt to
				  prove the violation;
(D) For
				  products, the UPC number, SKU number, model or design number or stock number or
				  other more specific identification of products;
(E) For geographic areas, the lot, block, or
				  other legal description of the property in
				  question.