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 › Appendix B - Office of Environmental Health Hazard Assessment California Environmental Protection Agency the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): Special Compliance Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This
					 Appendix B contains the notice of special compliance procedure and proof of
					 compliance form prep ared by the California Office of Environmental Health
					 Hazard Assessment (OEHHA), the lead agency for the implementation of the Safe
					 Drinking Water and Toxic Enforcement Act of 1986 (commonly known as
					 "Proposition 65"). Under the Act, a private party may not file an enforcement
					 action based on certain exposures if the alleged violator meets specific
					 conditions. These exposures are:
* An exposure to alcoholic
					 beverages that are consumed on the alleged violator's premises to the extent
					 onsite consumption is permitted by law;
* An exposure to a
					 Proposition 65 listed chemical in a food or beverage prepared and sold on the
					 alleged violator's premises that is primarily intended for immediate
					 consumption on- or off-premises. This only applies if the chemical was not
					 intentionally added to the food, and was formed by cooking or similar
					 preparation of food or beverage components necessary to render the food or
					 beverage palatable or to avoid microbiological contamination;
* An
					 exposure to environmental tobacco smoke caused by entry of persons (other than
					 employees) on premises owned or operated by the alleged violator where smoking
					 is permitted at any location on the premises;
* An exposure to
					 listed chemicals in engine exhaust, to the extent the exposure occurs inside a
					 facility owned or operated by the alleged violator and primarily intended for
					 parking non-commercial vehicles.
A private party may not file an
					 action against the alleged violator for these exposures, or recover in a
					 settlement any payment in lieu of penalties any reimbursement for costs and
					 attorney's fees, if the alleged violator has done
all
of the
					 following within 14 days of being served notice.
* Corrected the
					 alleged violation;
* Agreed to pay a civil penalty of $500
					 (subject to change in 2019 and every five years thereafter) to the private
					 party within 30 days; and
* Notified the private party serving the
					 notice in writing that the violation has been corrected.
An
					 alleged violator may satisfy these conditions only one time for a violation
					 arising from the same exposure in the same facility or on the same premises.
					 The satisfaction of these conditions does not prevent the Attorney General, a
					 district attorney, a city attorney of a city of greater than 750,000
					 population, or any full-time city prosecutor with the consent of the district
					 attorney, from filing an enforcement action against an alleged violator.
When a private party sends a notice of alleged violation that alleges one
					 or more of the exposures listed above, the notice must include a notice of
					 special compliance procedure, and a proof of compliance form to be completed by
					 the alleged violator as directed in the notice.
The notice and
					 proof of compliance form is reproduced here:
Date:
Page 1
Name of Noticing Party or
					 attorney for Noticing Party:
Address:
Phone number:
SPECIAL
					 COMPLIANCE PROCEDURE PROOF OF COMPLIANCE
You are receiving
					 this form because the Noticing Party listed above has alleged that you are
					 violating California Health and Safety Code §
										25249.6
					 (Prop. 65).
The Noticing Party may not bring any legal
					 proceedings against you for the alleged violation checked below
					 if:
1. You have actually taken the corrective steps
					 that you have certified in this form.
2. The Noticing
					 Party has received this form at the address shown above, accurately completed
					 by you, postmarked within 14 days of your receiving this notice.
3. The Noticing Party receives the required $500 penalty payment
					 from you at the address shown above postmarked within 30 days of your receiving
					 this notice.
4. This is the first time you have
					 submitted a Proof of Compliance for a violation arising from the same exposure
					 in the same facility on the same premises.
PART 1: TO
					 BE COMPLETED BY THE NOTICING PARTY OR ATTORNEY FOR THE NOTICING
					 PARTY
The alleged violation is for an exposure to: (check
					 one)
___ Alcoholic beverages that are consumed on the alleged
					 violator's premises to the extent on-site consumption is permitted by
					 law.
___ A chemical known to the state to cause cancer or
					 reproductive toxicity in a food or beverage prepared and sold on the alleged
					 violator's premises for immediate consumption on or off premises to the extent:
					 (1) the chemical was not intentionally added; and (2) the chemical was formed
					 by cooking or similar preparation of food or beverage components necessary to
					 render the food or beverage palatable or to avoid microbiological
					 contamination.
___ Environmental tobacco smoke caused by entry of
					 persons (other than employees) on premises owned or operated by the alleged
					 violator where smoking is permitted at any location on the premises.
___ Chemicals known to the State to cause cancer or reproductive toxicity
					 in engine exhaust, to the extent the exposure occurs inside a facility owned or
					 operated by the alleged violator and primarily intended for parking
					 noncommercial vehicles.
IMPORTANT NOTES:
1. You have no potential liability under California Health and Safety
					 Code §
										25249.6
					 if your business has nine (9) or fewer employees.
2. Using this
					 form will NOT prevent the Attorney General, a district attorney, a city
					 attorney, or a prosecutor in whose jurisdiction the violation is alleged to
					 have occurred from filing an action over the same alleged violations, and that
					 in any such action, the amount of civil penalty shall be reduced to reflect any
					 payment made at this time.
Date:
Page 2
Name of Noticing Party or attorney for Noticing
					 Party:
Address:
Phone number:
PART 2: TO BE COMPLETED
					 BY THE ALLEGED VIOLATOR OR AUTHORIZED REPRESENTATIVE
Certification of Compliance
Accurate completion
					 of this form will demonstrate that you are now in compliance with California
					 Health and Safety Code §
										25249.6
					 for the alleged violation listed above. You must complete and submit the form
					 below to the Noticing Party at the address shown above, postmarked within 14
					 days of you receiving this notice.
I hereby agree to pay, within
					 30 days of completion of this notice, a civil penalty of $500 to the Noticing
					 Party only and certify that I have complied with Health and Safety Code §
										25249.6
					 by (check only one of the following):
[ ] Posting a warning or
					 warnings about the alleged exposure that complies with the law, and attaching a
					 copy of that warning and a photograph accurately showing its placement on my
					 premises;
[ ] Posting the warning or warnings demanded in writing
					 by the Noticing Party, and attaching a copy of that warning and a photograph
					 accurately showing its placement on my premises; OR
[ ]
					 Eliminating the alleged exposure, and attaching a statement accurately
					 describing how the alleged exposure has been eliminated.
Certification
My statements on this form, and
					 on any attachments to it, are true, complete, and correct to the best of my
					 knowledge and belief and are made in good faith. I have carefully read the
					 instructions to complete this form. I understand that if I make a false
					 statement on this form, I may be subject to additional penalties under the Safe
					 Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
Signature of alleged violator or authorized
					 representative
Date
__________________________________________________
Name and
					 title of signatory
FOR FURTHER INFORMATION ABOUT THE LAW
					 OR REGULATIONS
...
Contact the Office of Environmental
					 Health Hazard Assessment's Proposition 65 Implementation Office at (916)
					 445-6900 or via e-mail at
P65Public.Comments@oehha.ca.gov.
Revised: May 2017
1. New Appendix B filed
					 8-23-2017; operative 10-1-2017 (Register 2017, No. 34).
Note:
					 Authority cited: Section
					 25249.12,
					 Health and Safety Code. Reference: Sections
					 25249.5,
					 25249.6,
					 25249.7,
					 25249.9,
					 25249.10
					 and
					 25249.11,
					 Health and Safety Code.