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@pwong03492
是这个吗?CaliforniaProposition651162974536.pdf
不對!這是Pro65的物質清單而已,Pro65官方法規為:
SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986
(Chapter 6.6 added by Proposition 65 1986 General Election)
25249.5. Prohibition On Contaminating Drinking Water With Chemicals Known to Cause
Cancer or Reproductive Toxicity. No person in the course of doing business shall knowingly
discharge or release a chemical known to the state to cause cancer or reproductive toxicity into
water or onto or into land where such chemical passes or probably will pass into any source of
drinking water, notwithstanding any other provision or authorization of law except as provided
in Section 25249.9.
25249.6. Required Warning Before Exposure To Chemicals Known to Cause Cancer Or
Reproductive Toxicity. No person in the course of doing business shall knowingly and
intentionally expose any individual to a chemical known to the state to cause cancer or
reproductive toxicity without first giving clear and reasonable warning to such individual, except
as provided in Section 25249.10.
25249.7. Enforcement.
(a) Any person that violates or threatens to violate Section 25249.5 or 25249.6 may be
enjoined in any court of competent jurisdiction.
(b) (1) Any person who has violated Section 25249.5 or 25249.6 shall be liable for a
civil penalty not to exceed two thousand five hundred dollars ($2500) per day for each violation
in addition to any other penalty established by law. That civil penalty may be assessed and
recovered in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of this chapter, the
court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number of, and severity of, the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with this
chapter and the time these measures were taken.
(E) The willfulness of the violator’s misconduct.
(F) The deterrent effect that the imposition of the penalty would have on
both the violator and the regulated community as a whole.
(G) Any other factor that justice may require.
(c) Actions pursuant to this section may be brought by the Attorney General in the name
of the people of the State of California, by any district attorney, by any city attorney of a city
having a population in excess of 750,000, or, with the consent of the district attorney, by a city
prosecutor in any city or city and county having a full-time city prosecutor, or as provided in
subdivision (d).
(d) Actions pursuant to this section may be brought by any person in the public interest
if both of the following requirements are met:
(1) The private action is commenced more than 60 days from the date that the
person has given notice of an alleged violation of Section 25249.5 or 25249.6 that is the subject
of the private action to the Attorney General and the district attorney, city attorney, or prosecutor
in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator. If the
notice alleges a violation of Section 25249.6, the notice of the alleged violation shall include a
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certificate of merit executed by the attorney for the noticing party, or by the noticing party, if the
noticing party is not represented by an attorney. The certificate of merit shall state that the
person executing the certificate has consulted with one or more persons with relevant and
appropriate experience or expertise who has reviewed facts, studies, or other data regarding the
exposure to the listed chemical that is the subject of the action, and that, based on that
information, the person executing the certificate believes there is a reasonable and meritorious
case for the private action. Factual information sufficient to establish the basis of the certificate
of merit, including the information identified in paragraph (2) of subdivision (h), shall be
attached to the certificate of merit that is served on the Attorney General.
(2) Neither the Attorney General, any district attorney, any city attorney nor any
prosecutor has commenced and is diligently prosecuting an action against the violation.
(e) Any person bringing an action in the public interest pursuant to subdivision (d) and
any person filing any action in which a violation of this chapter is alleged shall notify the
Attorney General that the action has been filed. Neither this subdivision nor the procedures
provided in subdivisions (f) to (j), inclusive, shall affect the requirements imposed by the statute
or a court decision in existence on January 1, 2002 concerning whether any person filing any
action in which a violation of this chapter is alleged is required to comply with the requirements
of subdivision (d).
(f) (1) Any person bringing an action in the public interest pursuant to subdivision (d),
any person filing any action in which a violation of this chapter is alleged, or any private person
settling any violation of this chapter alleged in a notice given pursuant to paragraph (1) of
subdivision (d), shall, after the action or violation is either subject to a settlement or to a
judgment, submit to the Attorney General a reporting form that includes the results of that
settlement or judgment and the final disposition of the case, even if dismissed. At the time of the
filing of any judgment pursuant to an action brought in the public interest pursuant to
subdivision (d), or any action brought by a private person in which a violation of this chapter is
alleged, the plaintiff shall file an affidavit verifying that the report required by this subdivision
has been accurately completed and submitted to the Attorney General.
(2) Any person bringing an action in the public interest pursuant to subdivision
(d) or any private person bringing an action in which a violation of this chapter is alleged, shall,
after the action is either subject to a settlement, with or without court approval, or to a judgment,
submit to the Attorney General a report that includes information on any corrective action being
taken as a part of the settlement or resolution of the action.
(3) The Attorney General shall develop a reporting form that specifies the
information that shall be reported, including, but not limited to, for purposes of subdivision (e),
the date the action was filed, the nature of the relief sought, and for purposes of this subdivision,
the amount of the settlement or civil penalty assessed, other financial terms of the settlement,
and any other information the Attorney General deems appropriate.
(4) If there is a settlement of an action brought by a person in the public interest
under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal
in which no consideration is received from the defendant, to the court for approval upon noticed
motion, and the court may approve the settlement only if the court makes all of the following
findings:
(A) Any warning that is required by the settlement complies with this
chapter.
(B) Any award of attorney’s fees is reasonable under California law.
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(C) Any penalty amount is reasonable based on the criteria set forth in
paragraph (2) of subdivision (b).
(5) The plaintiff subject to paragraph (4) has the burden of producing evidence
sufficient to sustain each required finding. The plaintiff shall serve the motion and all supporting
papers on the Attorney General, who may appear and participate in any proceeding without
intervening in the case.
(6) Neither this subdivision nor the procedures provided in subdivision (e) and
subdivisions (g) to (j), inclusive, shall affect the requirements imposed by statute or a court
decision in existence on the January 1, 2002 concerning whether claims raised by any person or
public prosecutor not a party to the action are precluded by a settlement approved by the court.
(g) The Attorney General shall maintain a record of the information submitted pursuant
to subdivisions (e) and (f) and shall make this information available to the public.
(h) (1) Except as provided in paragraph (2), the basis for the certificate of merit required
by subdivision (d) is not discoverable. However, nothing in this subdivision shall preclude the
discovery of information related to the certificate of merit if that information is relevant to the
subject matter of the action and is otherwise discoverable, solely on the ground that it was used
in support of the certificate of merit.
(2) Upon the conclusion of an action brought pursuant to subdivision (d) with
respect to any defendant, if the trial court determines that there was no actual or threatened
exposure to a listed chemical, the court may, upon the motion of that alleged violator or upon the
court’s own motion, review the basis for the belief of the person executing the certificate of
merit, expressed in the certificate of merit, that an exposure to a listed chemical had occurred or
was threatened. The information in the certificate of merit, including the identity of the persons
consulted with and relied on by the certifier, and the facts, studies, or other data reviewed by
those persons, shall be disclosed to the court in an in-camera proceeding at which the moving
party shall not be present. If the court finds that there was no credible factual basis for the
certifier’s belief that an exposure to a listed chemical has occurred or was threatened, then the
action shall be deemed frivolous within the meaning of Section 128.6 or 128.7 of the Code of
Civil Procedure, whichever provision is applicable to the action. The court shall not find a
factual basis credible on the basis of a legal theory of liability that is frivolous within the
meaning of Section 128.6 or 128.7 of the Code of Civil Procedure, whichever provision is
applicable to the action.
(i) The Attorney General may provide the factual information submitted to establish the
basis of the certificate of merit on request to any district attorney, city attorney, or prosecutor
within whose jurisdiction the violation is alleged to have occurred, or to any other state or
federal government agency, but in all other respects the Attorney General shall maintain, and
ensure that all recipients maintain, the submitted information as confidential official information
to the full extent authorized in Section 1040 of the Evidence Code.
(j) In any action brought by the Attorney General, a district attorney, a city attorney, or a
prosecutor pursuant to this chapter, the Attorney General, district attorney, city attorney, or
prosecutor may seek and recover costs and attorney’s fees on behalf of any party who provides a
notice pursuant to subdivision (d) and who renders assistance in that action.
25249.8. List Of Chemicals Known to Cause Cancer Or Reproductive Toxicity.
(a) On or before March 1, 1987, the Governor shall cause to be published a list of those
chemicals known to the state to cause cancer or reproductive toxicity within the meaning of this
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chapter, and he shall cause such list to be revised and republished in light of additional
knowledge at least once per year thereafter. Such list shall include at a minimum those
substances identified by reference in Labor Code Section 6382(b)(1) and those substances
identified additionally by reference in Labor Code Section 6382(d).
(b) A chemical is known to the state to cause cancer or reproductive toxicity within the
meaning of this chapter if in the opinion of the state's qualified experts it has been clearly shown
through scientifically valid testing according to generally accepted principles to cause cancer or
reproductive toxicity, or if a body considered to be authoritative by such experts has formally
identified it as causing cancer or reproductive toxicity, or if an agency of the state or federal
government has formally required it to be labeled or identified as causing cancer or reproductive
toxicity.
(c) On or before January 1, 1989, and at least once per year thereafter, the Governor
shall cause to be published a separate list of those chemicals that at the time of publication are
required by state or federal law to have been tested for potential to cause cancer or reproductive
toxicity but that the state's qualified experts have not found to have been adequately tested as
required.
(d) The Governor shall identify and consult with the state's qualified experts as
necessary to carry out his duties under this section.
(e) In carrying out the duties of the Governor under this section, the Governor and his
designates shall not be considered to be adopting or amending a regulation within the meaning of
the Administrative Procedure Act as defined in Government Code Section 11370.
25249.9. Exemptions from Discharge Prohibition.
(a) Section 25249.5 shall not apply to any discharge or release that takes places less than
twenty months subsequent to the listing of the chemical in question on the list required to be
published under subdivision (a) of Section 25249.8.
(b) Section 25249.5 shall not apply to any discharge or release that meets both of the
following criteria:
(1) The discharge or release will not cause any significant amount of the
discharged or released chemical to enter any source of drinking water.
(2) The discharge or release is in conformity with all other laws and with every
applicable regulation, permit, requirement, and order. In any action brought to enforce
Section 25249.5, the burden of showing that a discharge or release meets the criteria of this
subdivision shall be on the defendant.
25249.10. Exemptions from Warning Requirement. Section 25249.6 shall not apply to any of
the following:
(a) An exposure for which federal law governs warning in a manner that preempts state
authority.
(b) An exposure that takes place less than twelve months subsequent to the listing of the
chemical in question on the list required to be published under subdivision (a) of
Section 25249.8.
(c) An exposure for which the person responsible can show that the exposure poses no
significant risk assuming lifetime exposure at the level in question for substances known to the
state to cause cancer, and that the exposure will have no observable effect assuming exposure at
one thousand (1000) times the level in question for substances known to the state to cause
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reproductive toxicity, based on evidence and standards of comparable scientific validity to the
evidence and standards which form the scientific basis for the listing of such chemical pursuant
to subdivision (a) of Section 25249.8. In any action brought to enforce Section 25249.6, the
burden of showing that an exposure meets the criteria of this subdivision shall be on the
defendant.
25249.11. Definitions. For purposes of this chapter:
(a) "Person" means an individual, trust, firm, joint stock company, corporation,
company, partnership, limited liability company, and association.
(b) "Person in the course of doing business" does not include any person employing
fewer than 10 employees in his or her business; any city, county, or district or any department or
agency thereof or the state or any department or agency thereof or the federal government or any
department or agency thereof; or any entity in its operation of a public water system as defined
in Section 4010.1.
(c) "Significant amount" means any detectable amount except an amount which would
meet the exemption test in subdivision (c) of Section 25249.10 if an individual were exposed to
such an amount in drinking water.
(d) "Source of drinking water" means either a present source of drinking water or water
which is identified or designated in a water quality control plan adopted by a regional board as
being suitable for domestic or municipal uses.
(e) "Threaten to violate" means to create a condition in which there is a substantial
probability that a violation will occur.
(f) "Warning" within the meaning of Section 25249.6 need not be provided separately to
each exposed individual and may be provided by general methods such as labels on consumer
products, inclusion of notices in mailings to water customers, posting of notices, placing notices
in public news media, and the like, provided that the warning accomplished is clear and
reasonable. In order to minimize the burden on retail sellers of consumer products including
foods, regulations implementing Section 25249.6 shall to the extent practicable place the
obligation to provide any warning materials such as labels on the producer or packager rather
than on the retail seller, except where the retail seller itself is responsible for introducing a
chemical known to the state to cause cancer or reproductive toxicity into the consumer product
in question.
25249.12. (a) The Governor shall designate a lead agency and other agencies that may be
required to implement this chapter, including this section. Each agency so designated may adopt
and modify regulations, standards, and permits as necessary to conform with and implement this
chapter and to further its purposes.
(b) The Safe Drinking Water and Toxic Enforcement Fund is hereby established in the
State Treasury. The director of the lead agency designated by the Governor to implement this
chapter may expend the funds in the Safe Drinking Water and Toxic Enforcement Fund, upon
appropriation by the Legislature, to implement and administer this chapter.
(c) In addition to any other money that may be deposited in the Safe Drinking Water and
Toxic Enforcement Fund, all of the following amounts shall be deposited in the fund:
(1) Seventy-five percent of all civil and criminal penalties collected pursuant to
this chapter.
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(2) Any interest earned upon the money deposited into the Safe Drinking Water
and Toxic Enforcement Fund.
(d) Twenty-five percent of all civil and criminal penalties collected pursuant to this
chapter shall be paid to the office of the city attorney, city prosecutor, district attorney, or
Attorney General, whichever office brought the action, or in the case of an action brought by a
person under subdivision (d) of Section 25249.7, to that person.
25249.13. Preservation Of Existing Rights, Obligations, and Penalties. Nothing in this chapter
shall alter or diminish any legal obligation otherwise required in common law or by statute or
regulation, and nothing in this chapter shall create or enlarge any defense in any action to
enforce such legal obligation. Penalties and sanctions imposed under this chapter shall be in
addition to any penalties or sanctions otherwise prescribed by law.
25180.7. (a) Within the meaning of this section, a "designated government employee" is any
person defined as a "designated employee" by Government Code Section 82019, as amended.
(b) Any designated government employee who obtains information in the course of his
official duties revealing the illegal discharge or threatened illegal discharge of a hazardous waste
within the geographical area of his jurisdiction and who knows that such discharge or threatened
discharge is likely to cause substantial injury to the public health or safety must, within seventytwo
hours, disclose such information to the local Board of Supervisors and to the local health
officer. No disclosure of information is required under this subdivision when otherwise
prohibited by law, or when law enforcement personnel have determined that such disclosure
would adversely affect an ongoing criminal investigation, or when the information is already
general public knowledge within the locality affected by the discharge or threatened discharge.
(c) Any designated government employee who knowingly and intentionally fails to
disclose information required to be disclosed under subdivision (b) shall, upon conviction, be
punished by imprisonment in the county jail for not more than one year or by imprisonment in
state prison for not more than three years. The court may also impose upon the person a fine of
not less than five thousand dollars ($5000) or more than twenty-five thousand dollars ($25,000).
The felony conviction for violation of this section shall require forfeiture of government
employment within thirty days of conviction.
(d) Any local health officer who receives information pursuant to subdivision (b) shall
take appropriate action to notify local news media and shall make such information available to
the public without delay.
25192. (a) All civil and criminal penalties collected pursuant to this chapter shall be
apportioned in the following manner:
(1) Fifty percent shall be deposited in the Hazardous Substance Account in the
General Fund.
(2) Twenty-five percent shall be paid to the office of the city attorney, city
prosecutor, district attorney, or Attorney General, whichever office brought the action.
(3) Twenty-five percent shall be paid to the department and used to fund the
activity of the CUPA, the local health officer, or other local public officer or agency authorized
to enforce the provisions of this chapter pursuant to Section 25180, whichever entity investigated
the matter that led to the bringing of the action. If investigation by the local police department or
sheriff's office or California Highway Patrol led to the bringing of the action, the CUPA, the
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local health officer, or the authorized officer or agency, shall pay a total of 40 percent of its
portion under this subdivision to that investigating agency or agencies to be used for the same
purpose. If more than one agency is eligible for payment under this paragraph, division of
payment among the eligible agencies shall be in the discretion of the CUPA, the local health
officer, or the authorized officer or agency.
(b) If a reward is paid to a person pursuant to Section 25191.7, the amount of the reward
shall be deducted from the amount of the civil penalty before the amount is apportioned pursuant
to subdivision (a).
具體測試方法好象沒有規定,估計是採用EPA的測試方法.
SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986
(Chapter 6.6 added by Proposition 65 1986 General Election)
25249.5. Prohibition On Contaminating Drinking Water With Chemicals Known to Cause
Cancer or Reproductive Toxicity. No person in the course of doing business shall knowingly
discharge or release a chemical known to the state to cause cancer or reproductive toxicity into
water or onto or into land where such chemical passes or probably will pass into any source of
drinking water, notwithstanding any other provision or authorization of law except as provided
in Section 25249.9.
25249.6. Required Warning Before Exposure To Chemicals Known to Cause Cancer Or
Reproductive Toxicity. No person in the course of doing business shall knowingly and
intentionally expose any individual to a chemical known to the state to cause cancer or
reproductive toxicity without first giving clear and reasonable warning to such individual, except
as provided in Section 25249.10.
25249.7. Enforcement.
(a) Any person that violates or threatens to violate Section 25249.5 or 25249.6 may be
enjoined in any court of competent jurisdiction.
(b) (1) Any person who has violated Section 25249.5 or 25249.6 shall be liable for a
civil penalty not to exceed two thousand five hundred dollars ($2500) per day for each violation
in addition to any other penalty established by law. That civil penalty may be assessed and
recovered in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of this chapter, the
court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number of, and severity of, the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with this
chapter and the time these measures were taken.
(E) The willfulness of the violator’s misconduct.
(F) The deterrent effect that the imposition of the penalty would have on
both the violator and the regulated community as a whole.
(G) Any other factor that justice may require.
(c) Actions pursuant to this section may be brought by the Attorney General in the name
of the people of the State of California, by any district attorney, by any city attorney of a city
having a population in excess of 750,000, or, with the consent of the district attorney, by a city
prosecutor in any city or city and county having a full-time city prosecutor, or as provided in
subdivision (d).
(d) Actions pursuant to this section may be brought by any person in the public interest
if both of the following requirements are met:
(1) The private action is commenced more than 60 days from the date that the
person has given notice of an alleged violation of Section 25249.5 or 25249.6 that is the subject
of the private action to the Attorney General and the district attorney, city attorney, or prosecutor
in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator. If the
notice alleges a violation of Section 25249.6, the notice of the alleged violation shall include a
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certificate of merit executed by the attorney for the noticing party, or by the noticing party, if the
noticing party is not represented by an attorney. The certificate of merit shall state that the
person executing the certificate has consulted with one or more persons with relevant and
appropriate experience or expertise who has reviewed facts, studies, or other data regarding the
exposure to the listed chemical that is the subject of the action, and that, based on that
information, the person executing the certificate believes there is a reasonable and meritorious
case for the private action. Factual information sufficient to establish the basis of the certificate
of merit, including the information identified in paragraph (2) of subdivision (h), shall be
attached to the certificate of merit that is served on the Attorney General.
(2) Neither the Attorney General, any district attorney, any city attorney nor any
prosecutor has commenced and is diligently prosecuting an action against the violation.
(e) Any person bringing an action in the public interest pursuant to subdivision (d) and
any person filing any action in which a violation of this chapter is alleged shall notify the
Attorney General that the action has been filed. Neither this subdivision nor the procedures
provided in subdivisions (f) to (j), inclusive, shall affect the requirements imposed by the statute
or a court decision in existence on January 1, 2002 concerning whether any person filing any
action in which a violation of this chapter is alleged is required to comply with the requirements
of subdivision (d).
(f) (1) Any person bringing an action in the public interest pursuant to subdivision (d),
any person filing any action in which a violation of this chapter is alleged, or any private person
settling any violation of this chapter alleged in a notice given pursuant to paragraph (1) of
subdivision (d), shall, after the action or violation is either subject to a settlement or to a
judgment, submit to the Attorney General a reporting form that includes the results of that
settlement or judgment and the final disposition of the case, even if dismissed. At the time of the
filing of any judgment pursuant to an action brought in the public interest pursuant to
subdivision (d), or any action brought by a private person in which a violation of this chapter is
alleged, the plaintiff shall file an affidavit verifying that the report required by this subdivision
has been accurately completed and submitted to the Attorney General.
(2) Any person bringing an action in the public interest pursuant to subdivision
(d) or any private person bringing an action in which a violation of this chapter is alleged, shall,
after the action is either subject to a settlement, with or without court approval, or to a judgment,
submit to the Attorney General a report that includes information on any corrective action being
taken as a part of the settlement or resolution of the action.
(3) The Attorney General shall develop a reporting form that specifies the
information that shall be reported, including, but not limited to, for purposes of subdivision (e),
the date the action was filed, the nature of the relief sought, and for purposes of this subdivision,
the amount of the settlement or civil penalty assessed, other financial terms of the settlement,
and any other information the Attorney General deems appropriate.
(4) If there is a settlement of an action brought by a person in the public interest
under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal
in which no consideration is received from the defendant, to the court for approval upon noticed
motion, and the court may approve the settlement only if the court makes all of the following
findings:
(A) Any warning that is required by the settlement complies with this
chapter.
(B) Any award of attorney’s fees is reasonable under California law.
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(C) Any penalty amount is reasonable based on the criteria set forth in
paragraph (2) of subdivision (b).
(5) The plaintiff subject to paragraph (4) has the burden of producing evidence
sufficient to sustain each required finding. The plaintiff shall serve the motion and all supporting
papers on the Attorney General, who may appear and participate in any proceeding without
intervening in the case.
(6) Neither this subdivision nor the procedures provided in subdivision (e) and
subdivisions (g) to (j), inclusive, shall affect the requirements imposed by statute or a court
decision in existence on the January 1, 2002 concerning whether claims raised by any person or
public prosecutor not a party to the action are precluded by a settlement approved by the court.
(g) The Attorney General shall maintain a record of the information submitted pursuant
to subdivisions (e) and (f) and shall make this information available to the public.
(h) (1) Except as provided in paragraph (2), the basis for the certificate of merit required
by subdivision (d) is not discoverable. However, nothing in this subdivision shall preclude the
discovery of information related to the certificate of merit if that information is relevant to the
subject matter of the action and is otherwise discoverable, solely on the ground that it was used
in support of the certificate of merit.
(2) Upon the conclusion of an action brought pursuant to subdivision (d) with
respect to any defendant, if the trial court determines that there was no actual or threatened
exposure to a listed chemical, the court may, upon the motion of that alleged violator or upon the
court’s own motion, review the basis for the belief of the person executing the certificate of
merit, expressed in the certificate of merit, that an exposure to a listed chemical had occurred or
was threatened. The information in the certificate of merit, including the identity of the persons
consulted with and relied on by the certifier, and the facts, studies, or other data reviewed by
those persons, shall be disclosed to the court in an in-camera proceeding at which the moving
party shall not be present. If the court finds that there was no credible factual basis for the
certifier’s belief that an exposure to a listed chemical has occurred or was threatened, then the
action shall be deemed frivolous within the meaning of Section 128.6 or 128.7 of the Code of
Civil Procedure, whichever provision is applicable to the action. The court shall not find a
factual basis credible on the basis of a legal theory of liability that is frivolous within the
meaning of Section 128.6 or 128.7 of the Code of Civil Procedure, whichever provision is
applicable to the action.
(i) The Attorney General may provide the factual information submitted to establish the
basis of the certificate of merit on request to any district attorney, city attorney, or prosecutor
within whose jurisdiction the violation is alleged to have occurred, or to any other state or
federal government agency, but in all other respects the Attorney General shall maintain, and
ensure that all recipients maintain, the submitted information as confidential official information
to the full extent authorized in Section 1040 of the Evidence Code.
(j) In any action brought by the Attorney General, a district attorney, a city attorney, or a
prosecutor pursuant to this chapter, the Attorney General, district attorney, city attorney, or
prosecutor may seek and recover costs and attorney’s fees on behalf of any party who provides a
notice pursuant to subdivision (d) and who renders assistance in that action.
25249.8. List Of Chemicals Known to Cause Cancer Or Reproductive Toxicity.
(a) On or before March 1, 1987, the Governor shall cause to be published a list of those
chemicals known to the state to cause cancer or reproductive toxicity within the meaning of this
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chapter, and he shall cause such list to be revised and republished in light of additional
knowledge at least once per year thereafter. Such list shall include at a minimum those
substances identified by reference in Labor Code Section 6382(b)(1) and those substances
identified additionally by reference in Labor Code Section 6382(d).
(b) A chemical is known to the state to cause cancer or reproductive toxicity within the
meaning of this chapter if in the opinion of the state's qualified experts it has been clearly shown
through scientifically valid testing according to generally accepted principles to cause cancer or
reproductive toxicity, or if a body considered to be authoritative by such experts has formally
identified it as causing cancer or reproductive toxicity, or if an agency of the state or federal
government has formally required it to be labeled or identified as causing cancer or reproductive
toxicity.
(c) On or before January 1, 1989, and at least once per year thereafter, the Governor
shall cause to be published a separate list of those chemicals that at the time of publication are
required by state or federal law to have been tested for potential to cause cancer or reproductive
toxicity but that the state's qualified experts have not found to have been adequately tested as
required.
(d) The Governor shall identify and consult with the state's qualified experts as
necessary to carry out his duties under this section.
(e) In carrying out the duties of the Governor under this section, the Governor and his
designates shall not be considered to be adopting or amending a regulation within the meaning of
the Administrative Procedure Act as defined in Government Code Section 11370.
25249.9. Exemptions from Discharge Prohibition.
(a) Section 25249.5 shall not apply to any discharge or release that takes places less than
twenty months subsequent to the listing of the chemical in question on the list required to be
published under subdivision (a) of Section 25249.8.
(b) Section 25249.5 shall not apply to any discharge or release that meets both of the
following criteria:
(1) The discharge or release will not cause any significant amount of the
discharged or released chemical to enter any source of drinking water.
(2) The discharge or release is in conformity with all other laws and with every
applicable regulation, permit, requirement, and order. In any action brought to enforce
Section 25249.5, the burden of showing that a discharge or release meets the criteria of this
subdivision shall be on the defendant.
25249.10. Exemptions from Warning Requirement. Section 25249.6 shall not apply to any of
the following:
(a) An exposure for which federal law governs warning in a manner that preempts state
authority.
(b) An exposure that takes place less than twelve months subsequent to the listing of the
chemical in question on the list required to be published under subdivision (a) of
Section 25249.8.
(c) An exposure for which the person responsible can show that the exposure poses no
significant risk assuming lifetime exposure at the level in question for substances known to the
state to cause cancer, and that the exposure will have no observable effect assuming exposure at
one thousand (1000) times the level in question for substances known to the state to cause
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reproductive toxicity, based on evidence and standards of comparable scientific validity to the
evidence and standards which form the scientific basis for the listing of such chemical pursuant
to subdivision (a) of Section 25249.8. In any action brought to enforce Section 25249.6, the
burden of showing that an exposure meets the criteria of this subdivision shall be on the
defendant.
25249.11. Definitions. For purposes of this chapter:
(a) "Person" means an individual, trust, firm, joint stock company, corporation,
company, partnership, limited liability company, and association.
(b) "Person in the course of doing business" does not include any person employing
fewer than 10 employees in his or her business; any city, county, or district or any department or
agency thereof or the state or any department or agency thereof or the federal government or any
department or agency thereof; or any entity in its operation of a public water system as defined
in Section 4010.1.
(c) "Significant amount" means any detectable amount except an amount which would
meet the exemption test in subdivision (c) of Section 25249.10 if an individual were exposed to
such an amount in drinking water.
(d) "Source of drinking water" means either a present source of drinking water or water
which is identified or designated in a water quality control plan adopted by a regional board as
being suitable for domestic or municipal uses.
(e) "Threaten to violate" means to create a condition in which there is a substantial
probability that a violation will occur.
(f) "Warning" within the meaning of Section 25249.6 need not be provided separately to
each exposed individual and may be provided by general methods such as labels on consumer
products, inclusion of notices in mailings to water customers, posting of notices, placing notices
in public news media, and the like, provided that the warning accomplished is clear and
reasonable. In order to minimize the burden on retail sellers of consumer products including
foods, regulations implementing Section 25249.6 shall to the extent practicable place the
obligation to provide any warning materials such as labels on the producer or packager rather
than on the retail seller, except where the retail seller itself is responsible for introducing a
chemical known to the state to cause cancer or reproductive toxicity into the consumer product
in question.
25249.12. (a) The Governor shall designate a lead agency and other agencies that may be
required to implement this chapter, including this section. Each agency so designated may adopt
and modify regulations, standards, and permits as necessary to conform with and implement this
chapter and to further its purposes.
(b) The Safe Drinking Water and Toxic Enforcement Fund is hereby established in the
State Treasury. The director of the lead agency designated by the Governor to implement this
chapter may expend the funds in the Safe Drinking Water and Toxic Enforcement Fund, upon
appropriation by the Legislature, to implement and administer this chapter.
(c) In addition to any other money that may be deposited in the Safe Drinking Water and
Toxic Enforcement Fund, all of the following amounts shall be deposited in the fund:
(1) Seventy-five percent of all civil and criminal penalties collected pursuant to
this chapter.
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(2) Any interest earned upon the money deposited into the Safe Drinking Water
and Toxic Enforcement Fund.
(d) Twenty-five percent of all civil and criminal penalties collected pursuant to this
chapter shall be paid to the office of the city attorney, city prosecutor, district attorney, or
Attorney General, whichever office brought the action, or in the case of an action brought by a
person under subdivision (d) of Section 25249.7, to that person.
25249.13. Preservation Of Existing Rights, Obligations, and Penalties. Nothing in this chapter
shall alter or diminish any legal obligation otherwise required in common law or by statute or
regulation, and nothing in this chapter shall create or enlarge any defense in any action to
enforce such legal obligation. Penalties and sanctions imposed under this chapter shall be in
addition to any penalties or sanctions otherwise prescribed by law.
25180.7. (a) Within the meaning of this section, a "designated government employee" is any
person defined as a "designated employee" by Government Code Section 82019, as amended.
(b) Any designated government employee who obtains information in the course of his
official duties revealing the illegal discharge or threatened illegal discharge of a hazardous waste
within the geographical area of his jurisdiction and who knows that such discharge or threatened
discharge is likely to cause substantial injury to the public health or safety must, within seventytwo
hours, disclose such information to the local Board of Supervisors and to the local health
officer. No disclosure of information is required under this subdivision when otherwise
prohibited by law, or when law enforcement personnel have determined that such disclosure
would adversely affect an ongoing criminal investigation, or when the information is already
general public knowledge within the locality affected by the discharge or threatened discharge.
(c) Any designated government employee who knowingly and intentionally fails to
disclose information required to be disclosed under subdivision (b) shall, upon conviction, be
punished by imprisonment in the county jail for not more than one year or by imprisonment in
state prison for not more than three years. The court may also impose upon the person a fine of
not less than five thousand dollars ($5000) or more than twenty-five thousand dollars ($25,000).
The felony conviction for violation of this section shall require forfeiture of government
employment within thirty days of conviction.
(d) Any local health officer who receives information pursuant to subdivision (b) shall
take appropriate action to notify local news media and shall make such information available to
the public without delay.
25192. (a) All civil and criminal penalties collected pursuant to this chapter shall be
apportioned in the following manner:
(1) Fifty percent shall be deposited in the Hazardous Substance Account in the
General Fund.
(2) Twenty-five percent shall be paid to the office of the city attorney, city
prosecutor, district attorney, or Attorney General, whichever office brought the action.
(3) Twenty-five percent shall be paid to the department and used to fund the
activity of the CUPA, the local health officer, or other local public officer or agency authorized
to enforce the provisions of this chapter pursuant to Section 25180, whichever entity investigated
the matter that led to the bringing of the action. If investigation by the local police department or
sheriff's office or California Highway Patrol led to the bringing of the action, the CUPA, the
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local health officer, or the authorized officer or agency, shall pay a total of 40 percent of its
portion under this subdivision to that investigating agency or agencies to be used for the same
purpose. If more than one agency is eligible for payment under this paragraph, division of
payment among the eligible agencies shall be in the discretion of the CUPA, the local health
officer, or the authorized officer or agency.
(b) If a reward is paid to a person pursuant to Section 25191.7, the amount of the reward
shall be deducted from the amount of the civil penalty before the amount is apportioned pursuant
to subdivision (a).
具體測試方法好象沒有規定,估計是採用EPA的測試方法.
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不對!這是Pro65的物質清單而已,Pro65官方法規為:SAFEDRINKINGWATERANDTOXICENFORCEMENTACTOF1986(Chapter6.6addedbyProposition651986GeneralElection)25249.5.ProhibitionOnContaminatingDrinkingWaterWithChemicalsKnowntoCauseCancerorReproductiveToxicity.Nopersoninthecourseofdoingbusinessshallknowinglydischargeorreleaseachemicalknowntothestatetocausecancerorreproductivetoxicityintowaterorontoorintolandwheresuchchemicalpassesorprobablywillpassintoanysourceofdrinkingwater,notwithstandinganyotherprovisionorauthorizationoflawexceptasprovidedinSection25249.9.25249.6.RequiredWarningBeforeExposureToChemicalsKnowntoCauseCancerOrReproductiveToxicity.Nopersoninthecourseofdoingbusinessshallknowinglyandintentionallyexposeanyindividualtoachemicalknowntothestatetocausecancerorreproductivetoxicitywithoutfirstgivingclearandreasonablewarningtosuchindividual,exceptasprovidedinSection25249.10.25249.7.Enforcement.(a)AnypersonthatviolatesorthreatenstoviolateSection25249.5or25249.6maybeenjoinedinanycourtofcompetentjurisdiction.(b)(1)AnypersonwhohasviolatedSection25249.5or25249.6shallbeliableforacivilpenaltynottoexceedtwothousandfivehundreddollars($2500)perdayforeachviolationinadditiontoanyotherpenaltyestablishedbylaw.Thatcivilpenaltymaybeassessedandrecoveredinacivilactionbroughtinanycourtofcompetentjurisdiction.(2)Inassessingtheamountofacivilpenaltyforaviolationofthischapter,thecourtshallconsiderallofthefollowing:(A)Thenatureandextentoftheviolation.(B)Thenumberof,andseverityof,theviolations.(C)Theeconomiceffectofthepenaltyontheviolator.(D)Whethertheviolatortookgoodfaithmeasurestocomplywiththischapterandthetimethesemeasuresweretaken.(E)Thewillfulnessoftheviolator’smisconduct.(F)Thedeterrenteffectthattheimpositionofthepenaltywouldhaveonboththeviolatorandtheregulatedcommunityasawhole.(G)Anyotherfactorthatjusticemayrequire.(c)ActionspursuanttothissectionmaybebroughtbytheAttorneyGeneralinthenameofthepeopleoftheStateofCalifornia,byanydistrictattorney,byanycityattorneyofacityhavingapopulationinexcessof750,000,or,withtheconsentofthedistrictattorney,byacityprosecutorinanycityorcityandcountyhavingafull-timecityprosecutor,orasprovidedinsubdivision(d).(d)Actionspursuanttothissectionmaybebroughtbyanypersoninthepublicinterestifbothofthefollowingrequirementsaremet:(1)Theprivateactioniscommencedmorethan60daysfromthedatethatthepersonhasgivennoticeofanallegedviolationofSection25249.5or25249.6thatisthesubjectoftheprivateactiontotheAttorneyGeneralandthedistrictattorney,cityattorney,orprosecutorinwhosejurisdictiontheviolationisallegedtohaveoccurred,andtotheallegedviolator.IfthenoticeallegesaviolationofSection25249.6,thenoticeoftheallegedviolationshallincludea-2-certificateofmeritexecutedbytheattorneyforthenoticingparty,orbythenoticingparty,ifthenoticingpartyisnotrepresentedbyanattorney.Thecertificateofmeritshallstatethatthepersonexecutingthecertificatehasconsultedwithoneormorepersonswithrelevantandappropriateexperienceorexpertisewhohasreviewedfacts,studies,orotherdataregardingtheexposuretothelistedchemicalthatisthesubjectoftheaction,andthat,basedonthatinformation,thepersonexecutingthecertificatebelievesthereisareasonableandmeritoriouscasefortheprivateaction.Factualinformationsufficienttoestablishthebasisofthecertificateofmerit,includingtheinformationidentifiedinparagraph(2)ofsubdivision(h),shallbeattachedtothecertificateofmeritthatisservedontheAttorneyGeneral.(2)NeithertheAttorneyGeneral,anydistrictattorney,anycityattorneynoranyprosecutorhascommencedandisdiligentlyprosecutinganactionagainsttheviolation.(e)Anypersonbringinganactioninthepublicinterestpursuanttosubdivision(d)andanypersonfilinganyactioninwhichaviolationofthischapterisallegedshallnotifytheAttorneyGeneralthattheactionhasbeenfiled.Neitherthissubdivisionnortheproceduresprovidedinsubdivisions(f)to(j),inclusive,shallaffecttherequirementsimposedbythestatuteoracourtdecisioninexistenceonJanuary1,2002concerningwhetheranypersonfilinganyactioninwhichaviolationofthischapterisallegedisrequiredtocomplywiththerequirementsofsubdivision(d).(f)(1)Anypersonbringinganactioninthepublicinterestpursuanttosubdivision(d),anypersonfilinganyactioninwhichaviolationofthischapterisalleged,oranyprivatepersonsettlinganyviolationofthischapterallegedinanoticegivenpursuanttoparagraph(1)ofsubdivision(d),shall,aftertheactionorviolationiseithersubjecttoasettlementortoajudgment,submittotheAttorneyGeneralareportingformthatincludestheresultsofthatsettlementorjudgmentandthefinaldispositionofthecase,evenifdismissed.Atthetimeofthefilingofanyjudgmentpursuanttoanactionbroughtinthepublicinterestpursuanttosubdivision(d),oranyactionbroughtbyaprivatepersoninwhichaviolationofthischapterisalleged,theplaintiffshallfileanaffidavitverifyingthatthereportrequiredbythissubdivisionhasbeenaccuratelycompletedandsubmittedtotheAttorneyGeneral.(2)Anypersonbringinganactioninthepublicinterestpursuanttosubdivision(d)oranyprivatepersonbringinganactioninwhichaviolationofthischapterisalleged,shall,aftertheactioniseithersubjecttoasettlement,withorwithoutcourtapproval,ortoajudgment,submittotheAttorneyGeneralareportthatincludesinformationonanycorrectiveactionbeingtakenasapartofthesettlementorresolutionoftheaction.(3)TheAttorneyGeneralshalldevelopareportingformthatspecifiestheinformationthatshallbereported,including,butnotlimitedto,forpurposesofsubdivision(e),thedatetheactionwasfiled,thenatureofthereliefsought,andforpurposesofthissubdivision,theamountofthesettlementorcivilpenaltyassessed,otherfinancialtermsofthesettlement,andanyotherinformationtheAttorneyGeneraldeemsappropriate.(4)Ifthereisasettlementofanactionbroughtbyapersoninthepublicinterestundersubdivision(d),theplaintiffshallsubmitthesettlement,otherthanavoluntarydismissalinwhichnoconsiderationisreceivedfromthedefendant,tothecourtforapprovaluponnoticedmotion,andthecourtmayapprovethesettlementonlyifthecourtmakesallofthefollowingfindings:(A)Anywarningthatisrequiredbythesettlementcomplieswiththischapter.(B)Anyawardofattorney’sfeesisreasonableunderCalifornialaw.-3-(C)Anypenaltyamountisreasonablebasedonthecriteriasetforthinparagraph(2)ofsubdivision(b).(5)Theplaintiffsubjecttoparagraph(4)hastheburdenofproducingevidencesufficienttosustaineachrequiredfinding.TheplaintiffshallservethemotionandallsupportingpapersontheAttorneyGeneral,whomayappearandparticipateinanyproceedingwithoutinterveninginthecase.(6)Neitherthissubdivisionnortheproceduresprovidedinsubdivision(e)andsubdivisions(g)to(j),inclusive,shallaffecttherequirementsimposedbystatuteoracourtdecisioninexistenceontheJanuary1,2002concerningwhetherclaimsraisedbyanypersonorpublicprosecutornotapartytotheactionareprecludedbyasettlementapprovedbythecourt.(g)TheAttorneyGeneralshallmaintainarecordoftheinformationsubmittedpursuanttosubdivisions(e)and(f)andshallmakethisinformationavailabletothepublic.(h)(1)Exceptasprovidedinparagraph(2),thebasisforthecertificateofmeritrequiredbysubdivision(d)isnotdiscoverable.However,nothinginthissubdivisionshallprecludethediscoveryofinformationrelatedtothecertificateofmeritifthatinformationisrelevanttothesubjectmatteroftheactionandisotherwisediscoverable,solelyonthegroundthatitwasusedinsupportofthecertificateofmerit.(2)Upontheconclusionofanactionbroughtpursuanttosubdivision(d)withrespecttoanydefendant,ifthetrialcourtdeterminesthattherewasnoactualorthreatenedexposuretoalistedchemical,thecourtmay,uponthemotionofthatallegedviolatororuponthecourt’sownmotion,reviewthebasisforthebeliefofthepersonexecutingthecertificateofmerit,expressedinthecertificateofmerit,thatanexposuretoalistedchemicalhadoccurredorwasthreatened.Theinformationinthecertificateofmerit,includingtheidentityofthepersonsconsultedwithandreliedonbythecertifier,andthefacts,studies,orotherdatareviewedbythosepersons,shallbedisclosedtothecourtinanin-cameraproceedingatwhichthemovingpartyshallnotbepresent.Ifthecourtfindsthattherewasnocrediblefactualbasisforthecertifier’sbeliefthatanexposuretoalistedchemicalhasoccurredorwasthreatened,thentheactionshallbedeemedfrivolouswithinthemeaningofSection128.6or128.7oftheCodeofCivilProcedure,whicheverprovisionisapplicabletotheaction.ThecourtshallnotfindafactualbasiscredibleonthebasisofalegaltheoryofliabilitythatisfrivolouswithinthemeaningofSection128.6or128.7oftheCodeofCivilProcedure,whicheverprovisionisapplicabletotheaction.(i)TheAttorneyGeneralmayprovidethefactualinformationsubmittedtoestablishthebasisofthecertificateofmeritonrequesttoanydistrictattorney,cityattorney,orprosecutorwithinwhosejurisdictiontheviolationisallegedtohaveoccurred,ortoanyotherstateorfederalgovernmentagency,butinallotherrespectstheAttorneyGeneralshallmaintain,andensurethatallrecipientsmaintain,thesubmittedinformationasconfidentialofficialinformationtothefullextentauthorizedinSection1040oftheEvidenceCode.(j)InanyactionbroughtbytheAttorneyGeneral,adistrictattorney,acityattorney,oraprosecutorpursuanttothischapter,theAttorneyGeneral,districtattorney,cityattorney,orprosecutormayseekandrecovercostsandattorney’sfeesonbehalfofanypartywhoprovidesanoticepursuanttosubdivision(d)andwhorendersassistanceinthataction.25249.8.ListOfChemicalsKnowntoCauseCancerOrReproductiveToxicity.(a)OnorbeforeMarch1,1987,theGovernorshallcausetobepublishedalistofthosechemicalsknowntothestatetocausecancerorreproductivetoxicitywithinthemeaningofthis-4-chapter,andheshallcausesuchlisttoberevisedandrepublishedinlightofadditionalknowledgeatleastonceperyearthereafter.SuchlistshallincludeataminimumthosesubstancesidentifiedbyreferenceinLaborCodeSection6382(b)(1)andthosesubstancesidentifiedadditionallybyreferenceinLaborCodeSection6382(d).(b)Achemicalisknowntothestatetocausecancerorreproductivetoxicitywithinthemeaningofthischapterifintheopinionofthestate'squalifiedexpertsithasbeenclearlyshownthroughscientificallyvalidtestingaccordingtogenerallyacceptedprinciplestocausecancerorreproductivetoxicity,orifabodyconsideredtobeauthoritativebysuchexpertshasformallyidentifieditascausingcancerorreproductivetoxicity,orifanagencyofthestateorfederalgovernmenthasformallyrequiredittobelabeledoridentifiedascausingcancerorreproductivetoxicity.(c)OnorbeforeJanuary1,1989,andatleastonceperyearthereafter,theGovernorshallcausetobepublishedaseparatelistofthosechemicalsthatatthetimeofpublicationarerequiredbystateorfederallawtohavebeentestedforpotentialtocausecancerorreproductivetoxicitybutthatthestate'squalifiedexpertshavenotfoundtohavebeenadequatelytestedasrequired.(d)TheGovernorshallidentifyandconsultwiththestate'squalifiedexpertsasnecessarytocarryouthisdutiesunderthissection.(e)IncarryingoutthedutiesoftheGovernorunderthissection,theGovernorandhisdesignatesshallnotbeconsideredtobeadoptingoramendingaregulationwithinthemeaningoftheAdministrativeProcedureActasdefinedinGovernmentCodeSection11370.25249.9.ExemptionsfromDischargeProhibition.(a)Section25249.5shallnotapplytoanydischargeorreleasethattakesplaceslessthantwentymonthssubsequenttothelistingofthechemicalinquestiononthelistrequiredtobepublishedundersubdivision(a)ofSection25249.8.(b)Section25249.5shallnotapplytoanydischargeorreleasethatmeetsbothofthefollowingcriteria:(1)Thedischargeorreleasewillnotcauseanysignificantamountofthedischargedorreleasedchemicaltoenteranysourceofdrinkingwater.(2)Thedischargeorreleaseisinconformitywithallotherlawsandwitheveryapplicableregulation,permit,requirement,andorder.InanyactionbroughttoenforceSection25249.5,theburdenofshowingthatadischargeorreleasemeetsthecriteriaofthissubdivisionshallbeonthedefendant.25249.10.ExemptionsfromWarningRequirement.Section25249.6shallnotapplytoanyofthefollowing:(a)Anexposureforwhichfederallawgovernswarninginamannerthatpreemptsstateauthority.(b)Anexposurethattakesplacelessthantwelvemonthssubsequenttothelistingofthechemicalinquestiononthelistrequiredtobepublishedundersubdivision(a)ofSection25249.8.(c)Anexposureforwhichthepersonresponsiblecanshowthattheexposureposesnosignificantriskassuminglifetimeexposureatthelevelinquestionforsubstancesknowntothestatetocausecancer,andthattheexposurewillhavenoobservableeffectassumingexposureatonethousand(1000)timesthelevelinquestionforsubstancesknowntothestatetocause-5-reproductivetoxicity,basedonevidenceandstandardsofcomparablescientificvaliditytotheevidenceandstandardswhichformthescientificbasisforthelistingofsuchchemicalpursuanttosubdivision(a)ofSection25249.8.InanyactionbroughttoenforceSection25249.6,theburdenofshowingthatanexposuremeetsthecriteriaofthissubdivisionshallbeonthedefendant.25249.11.Definitions.Forpurposesofthischapter:(a)"Person"meansanindividual,trust,firm,jointstockcompany,corporation,company,partnership,limitedliabilitycompany,andassociation.(b)"Personinthecourseofdoingbusiness"doesnotincludeanypersonemployingfewerthan10employeesinhisorherbusiness;anycity,county,ordistrictoranydepartmentoragencythereoforthestateoranydepartmentoragencythereoforthefederalgovernmentoranydepartmentoragencythereof;oranyentityinitsoperationofapublicwatersystemasdefinedinSection4010.1.(c)"Significantamount"meansanydetectableamountexceptanamountwhichwouldmeettheexemptiontestinsubdivision(c)ofSection25249.10ifanindividualwereexposedtosuchanamountindrinkingwater.(d)"Sourceofdrinkingwater"meanseitherapresentsourceofdrinkingwaterorwaterwhichisidentifiedordesignatedinawaterqualitycontrolplanadoptedbyaregionalboardasbeingsuitablefordomesticormunicipaluses.(e)"Threatentoviolate"meanstocreateaconditioninwhichthereisasubstantialprobabilitythataviolationwilloccur.(f)"Warning"withinthemeaningofSection25249.6neednotbeprovidedseparatelytoeachexposedindividualandmaybeprovidedbygeneralmethodssuchaslabelsonconsumerproducts,inclusionofnoticesinmailingstowatercustomers,postingofnotices,placingnoticesinpublicnewsmedia,andthelike,providedthatthewarningaccomplishedisclearandreasonable.Inordertominimizetheburdenonretailsellersofconsumerproductsincludingfoods,regulationsimplementingSection25249.6shalltotheextentpracticableplacetheobligationtoprovideanywarningmaterialssuchaslabelsontheproducerorpackagerratherthanontheretailseller,exceptwheretheretailselleritselfisresponsibleforintroducingachemicalknowntothestatetocausecancerorreproductivetoxicityintotheconsumerproductinquestion.25249.12.(a)TheGovernorshalldesignatealeadagencyandotheragenciesthatmayberequiredtoimplementthischapter,includingthissection.Eachagencysodesignatedmayadoptandmodifyregulations,standards,andpermitsasnecessarytoconformwithandimplementthischapterandtofurtheritspurposes.(b)TheSafeDrinkingWaterandToxicEnforcementFundisherebyestablishedintheStateTreasury.ThedirectoroftheleadagencydesignatedbytheGovernortoimplementthischaptermayexpendthefundsintheSafeDrinkingWaterandToxicEnforcementFund,uponappropriationbytheLegislature,toimplementandadministerthischapter.(c)InadditiontoanyothermoneythatmaybedepositedintheSafeDrinkingWaterandToxicEnforcementFund,allofthefollowingamountsshallbedepositedinthefund:(1)Seventy-fivepercentofallcivilandcriminalpenaltiescollectedpursuanttothischapter.-6-(2)AnyinterestearneduponthemoneydepositedintotheSafeDrinkingWaterandToxicEnforcementFund.(d)Twenty-fivepercentofallcivilandcriminalpenaltiescollectedpursuanttothischaptershallbepaidtotheofficeofthecityattorney,cityprosecutor,districtattorney,orAttorneyGeneral,whicheverofficebroughttheaction,orinthecaseofanactionbroughtbyapersonundersubdivision(d)ofSection25249.7,tothatperson.25249.13.PreservationOfExistingRights,Obligations,andPenalties.Nothinginthischaptershallalterordiminishanylegalobligationotherwiserequiredincommonlaworbystatuteorregulation,andnothinginthischaptershallcreateorenlargeanydefenseinanyactiontoenforcesuchlegalobligation.Penaltiesandsanctionsimposedunderthischaptershallbeinadditiontoanypenaltiesorsanctionsotherwiseprescribedbylaw.25180.7.(a)Withinthemeaningofthissection,a"designatedgovernmentemployee"isanypersondefinedasa"designatedemployee"byGovernmentCodeSection82019,asamended.(b)Anydesignatedgovernmentemployeewhoobtainsinformationinthecourseofhisofficialdutiesrevealingtheillegaldischargeorthreatenedillegaldischargeofahazardouswastewithinthegeographicalareaofhisjurisdictionandwhoknowsthatsuchdischargeorthreateneddischargeislikelytocausesubstantialinjurytothepublichealthorsafetymust,withinseventytwohours,disclosesuchinformationtothelocalBoardofSupervisorsandtothelocalhealthofficer.Nodisclosureofinformationisrequiredunderthissubdivisionwhenotherwiseprohibitedbylaw,orwhenlawenforcementpersonnelhavedeterminedthatsuchdisclosurewouldadverselyaffectanongoingcriminalinvestigation,orwhentheinformationisalreadygeneralpublicknowledgewithinthelocalityaffectedbythedischargeorthreateneddischarge.(c)Anydesignatedgovernmentemployeewhoknowinglyandintentionallyfailstodiscloseinformationrequiredtobedisclosedundersubdivision(b)shall,uponconviction,bepunishedbyimprisonmentinthecountyjailfornotmorethanoneyearorbyimprisonmentinstateprisonfornotmorethanthreeyears.Thecourtmayalsoimposeuponthepersonafineofnotlessthanfivethousanddollars($5000)ormorethantwenty-fivethousanddollars($25,000).Thefelonyconvictionforviolationofthissectionshallrequireforfeitureofgovernmentemploymentwithinthirtydaysofconviction.(d)Anylocalhealthofficerwhoreceivesinformationpursuanttosubdivision(b)shalltakeappropriateactiontonotifylocalnewsmediaandshallmakesuchinformationavailabletothepublicwithoutdelay.25192.(a)Allcivilandcriminalpenaltiescollectedpursuanttothischaptershallbeapportionedinthefollowingmanner:(1)FiftypercentshallbedepositedintheHazardousSubstanceAccountintheGeneralFund.(2)Twenty-fivepercentshallbepaidtotheofficeofthecityattorney,cityprosecutor,districtattorney,orAttorneyGeneral,whicheverofficebroughttheaction.(3)Twenty-fivepercentshallbepaidtothedepartmentandusedtofundtheactivityoftheCUPA,thelocalhealthofficer,orotherlocalpublicofficeroragencyauthorizedtoenforcetheprovisionsofthischapterpursuanttoSection25180,whicheverentityinvestigatedthematterthatledtothebringingoftheaction.Ifinvestigationbythelocalpolicedepartmentorsheriff'sofficeorCaliforniaHighwayPatrolledtothebringingoftheaction,theCUPA,the-7-localhealthofficer,ortheauthorizedofficeroragency,shallpayatotalof40percentofitsportionunderthissubdivisiontothatinvestigatingagencyoragenciestobeusedforthesamepurpose.Ifmorethanoneagencyiseligibleforpaymentunderthisparagraph,divisionofpaymentamongtheeligibleagenciesshallbeinthediscretionoftheCUPA,thelocalhealthofficer,ortheauthorizedofficeroragency.(b)IfarewardispaidtoapersonpursuanttoSection25191.7,theamountoftherewardshallbedeductedfromtheamountofthecivilpenaltybeforetheamountisapportionedpursuanttosubdivision(a).具體測試方法好象沒有規定,估計是採用EPA的測試方法.
是這個, 萬分感謝!
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