California Environmental Protection Agency

Proposition 65 – The Safe Drinking Water and Toxic Enforcement Act of 1986

Introduction penalties up to $2,500 per day per Proposition 65 was intended to protect violation. California citizens and the State’s drinking Part 2: Government Employee water from chemicals known to cause Disclosure Requirement cancer, birth defects, or other reproductive harm. Proposition 65 Any designated government employee who obtains information consists of two principal parts. Part 1 on the job revealing the illegal requires businesses to provide clear and discharge or threatened illegal reasonable warnings to people exposed discharge of a hazardous waste and to specific chemicals. Part 2 requires who knows that it is likely to cause designated government employees to substantial injury to the public health disclose information. or safety must disclose such information. Part 1: Clear and Reasonable A designated government employee Warnings is any local or state agency Businesses with 10 or more employees employee in a position that entails are required to provide clear and the making or participating in reasonable warning to any person decisions which may foreseeable exposed to chemicals on the Proposition have a material effect on anyone’s 65 list above specified safe harbor levels. financial interest and who files form The Proposition 65 list is available on the 700 - Economic Interest or other Office of Environmental Health Hazard Conflict of Interest forms is a Assessment’s (OEHHA) web site at: designated government employee. www.oehha.ca.gov/prop65.html. The list What Triggers the Disclosure identifies only chemicals that cause Requirement? cancer, birth defects, or other reproductive harm.  Knowledge gained on the job of Government entities are exempt from  An illegal these warning requirements.  Release or threatened release of What Triggers the Warning Requirement?  Hazardous waste The warning requirement is triggered by  Likely to cause substantial injury to exposing people to any Proposition 65 public health or safety. listed chemical above the specified safe harbor levels that the OEHHA has Exceptions to Disclosure Requirements established. Information on the safe There are three exceptions to the harbor levels is available at: disclosure requirements: http://www.oehha.ca.gov/prop65/pdf/Aug2 006StatusReport.pdf. 1. Unlawful to make the disclosure Enforcement and Penalties 2. Law enforcement determines disclosure will adversely affect The warning requirement is enforced by ongoing criminal investigation Attorney General, District Attorneys, City Attorneys, and private parties. “Failure to 3. Information is already general public warn” violations are subject to civil knowledge within the affected locality via the TV, newspaper, internet, or the spill. (Not likely to cause substantial injury radio to public health or safety, including the Timing and Who Receives Disclosure employees.) Disclosure must be made within 72 hours Sample Disclosure of gaining knowledge. The notice goes to Addressed to the Board of Supervisors the Board of Supervisors and Local and Local Health Officer in the County Health Officer in the County where the where the release/threatened release release/threatened release occurs. occurred. Clearly state Proposition 65 report on the notice and explain if the information is Re: Proposition 65 notification pursuant to preliminary and if further tests are California Health and Safety Code Section pending. Consider working with your 25180.7: insert property address supervisor/management when developing The Certified Unified Program Agency a disclosure. (CUPA) is hereby fulfilling its duties Enforcement and Penalties pursuant to the State Safe Drinking Water “Failure to disclose” is punishable by and Toxic Enforcement Act of 1986 fines of $5,000 - $25,000 and/or (Proposition 65). More specifically, this imprisonment to the designated notification is being made pursuant to government employee. Violations are California Health and Safety Code Section enforceable as criminal offenses by 25180.7, which is part of Proposition 65. district attorneys. Preliminary investigation shows that a demolition of on-site structures occurred Examples Requiring Disclosure at an unknown point in the past, resulting Discover that a business disarmed their in demolition debris piles that were UST leak detection equipment and has subsequently abandoned at the site. reported a leak in the past from that UST. Recent sampling analyses show elevated levels of lead, above hazardous waste A business recently reported a release of concentrations, are contained in the a hazardous waste with dangers where debris piles in one of six sampling only their employees were exposed. (Yes, locations. the law extends to employees.) Additionally, sampling analyses showed Discover that a company was washing that the debris piles contain asbestos drums containing hazardous waste out containing material (ACM) in five of six side in back of the facility where the waste sampling locations. Concentrations of water was running directly into a stream. asbestos could not be quantified, and therefore were not above hazardous Examples Not Requiring Disclosure waste levels. However, if the ACM Discover that a business disarmed their becomes disturbed in the future, a UST leak detection equipment. (There is discharge of asbestos at hazardous waste no evidence that a release or threatened concentrations and characteristics may release will occur.) result. Discover that a contractor spilled Statutory Authorities hazardous material when cleaning a California Health and Safety Code community pool. (The law specifies Sections 25180, 25180.7 (government hazardous waste not hazardous employee disclosure), 25192, and materials.) 25249.5 through 25249.13 During an inspection, used oil is spilled and Government Code Section 82019 defines an employee quickly and properly cleans up a designated government employee. Publication #433-01-014 Revised March 2002 The California Integrated Waste Management Board (CIWMB) does not discriminate on the basis of disability in access to its programs. CIWMB publications are available in accessible formats upon request by calling the Public Affairs Office at 1-800-CA WASTE (in California) or (916) 341-6306. Persons with hearing impairments can reach the CIWMB through the California Relay Service, 1-800-735-2929. ©2001, 2002 by the California Integrated Waste Management Board. All rights reserved. This publication,or parts thereof, may not be reproduced without permission. Additional Proposition 65 Information Visit the Office of Environmental Health Hazard Assessment (OEHHA) web site at: www.oehha.ca.gov for more information.

Publication #433-01-014 Revised March 2002 The California Integrated Waste Management Board (CIWMB) does not discriminate on the basis of disability in access to its programs. CIWMB publications are available in accessible formats upon request by calling the Public Affairs Office at 1-800-CA WASTE (in California) or (916) 341-6306. Persons with hearing impairments can reach the CIWMB through the California Relay Service, 1-800-735-2929. ©2001, 2002 by the California Integrated Waste Management Board. All rights reserved. This publication,or parts thereof, may not be reproduced without permission.