NOTICE OF VIOLATIONCalifornia Safe Drinking Waterand Toxic Enforcement ActPFOA in Ski WaxMarch 27, 2020This Notice of Violation (the “Notice”) is provided to you pursuant to and in compliance withCalifornia Health and Safety Code section 25249.7(d). For general information regarding the California Safe Drinking Water and ToxicEnforcement Act, see the attached summary provided by the California EPA(copies not provided to public enforcement agencies). This Notice is provided by the Center for Environmental Health (“CEH”), 2201Broadway, Suite 508, Oakland, CA 94612, (510) 655-3900. CEH is a nonprofitcorporation dedicated to protecting the environment, improving human health,and supporting environmentally sound practices. Caroline Cox is the AssociateDirector of and a responsible individual within CEH.Description of Violation: Violators: The names and addresses of the violators are attached hereto asExhibit 1. Time Period of Violation: The violations have been occurring since at leastMarch 27, 2017, and are continuing to this day. Provisions of Proposition 65: This Notice of Violation covers both the “dischargeprohibition” of Proposition 65, which is found at California Health and SafetyCode Section 25249.5, and the “warning provision” of Proposition 65, which isfound at Health and Safety Code Section 25249.6. Chemical(s) Involved: The names of the listed chemical involved in theseviolations is perfluorooctanoic acid (“PFOA”). Exposures to, and discharges ofPFOA occur from use of the Products supplied by the violators listed on Exhibit1. Description of Exposure: This Notice addresses consumer exposures to PFOAas to all of the alleged violators listed on the attached Exhibit 1. Use of the skiwax supplied by the violators listed on Exhibit 1 (the “Products”) results in humanexposures to PFOA. PFOA is contained in the Products that are supplied by thealleged violators. Consumers of the Products are exposed to PFOA when theyuse the Products. The route of exposure for the violations is primarily inhalation,when the Products are applied and heated and individuals breath the PFOAemitted from the Products during hearing. Individuals are also exposed to thePFOA from the Products by ingestion via hand to mouth contact and dermalabsorption directly through the skin when individuals touch or handle theProducts supplied by the violators listed on Exhibit 1.
Identification of Discharge and Sources of Drinking Water: Ordinary use of theProducts supplied by the alleged violators results in discharges or releases ofPFOA into water or onto land where PFOA passes or probably will pass into asource of drinking water. Specifically, the Products that are the subject of thisNotice of Violation is made with and contains PFOA. The PFOA-containingProducts are supplied by the alleged violators and is released when individualsuse snow equipment finished with the Products. The PFOA from the Products isdischarged into snow that touches skis and other snow equipment finished withthe Products. PFOA from the Products then passes or probably will pass intosources of drinking water through the ordinary snow melt. The PFOA that isreleased into the snow passes or probably will pass into sources of drinkingwater including, but not limited to, the sources of drinking water identified onExhibit 2, and also onto the ground surrounding the ski resorts identified onExhibit 2 where it passes into groundwater and sources of drinking wateradjacent to the ski resorts including, but not limited to, the sources of drinkingwater identified on Exhibit 2.Resolution of Noticed Claims: Based on the allegations set forth in this Notice, CEH intends to file a citizenenforcement lawsuit against each alleged violator unless the alleged violatoragrees in a binding written instrument to remedy the violations alleged herein by:(a) ceasing use of all PFOA-containing Products in order to cease the dischargeof PFOA alleged herein; (b) taking remedial action to clean the PFOA from thesource of drinking water identified on Exhibit 1; and (c) paying an appropriate civilpenalty in accordance with the factors set forth in Health and Safety CodeSection 25249.7. If any of the alleged violators is interested in resolving thisdispute without resorting to expensive and time-consuming litigation, pleasecontact CEH through its counsel identified below. It should be noted that CEHcannot: (1) finalize any settlement until after the 60-day notice period hasexpired; nor (2) speak for the Attorney General or any District or City Attorneywho received CEH’s 60-day Notice. Therefore, while reaching an agreementwith CEH will resolve its claims, such agreement may not satisfy the publicprosecutors.Please direct any inquiries regarding this notice to counsel for CEH: Mark N. Todzo, LexingtonLaw Group, 503 Divisadero Street, San Francisco, CA 94117, (415) 759-4111.
EXHIBIT 1March 27, 2020 Notice of ViolationPFOA in Ski WaxNames and Addresses ofResponsible PartiesGear West Ski & Bike, Inc1786 W Wayzata BlvdLong Lake, MN 55356Non-ExclusiveExemplarToko-Swix Top Finish Wax Powder 2.0JetStreamUPC No. 4-250423-602640Art. No.: 5503013Swix Sport USA, Inc.60 Newark StreetHaverhill, MA 01832Long Lake, MN 55356
EXHIBIT 2March 27, 2020 Notice of ViolationPFOA in Ski WaxMunicipal Drinking Water SourceAssociated Winter ResortBear CreekAlpine MeadowsHeavenly Valley CreekHeavenly ValleyMadden CreekHomewood Mountain ResortMartis CreekNorthstar California ResortSquaw CreekSquaw Valley Resort
CERTIFICATE OF MERITHealth & Safety Code § 25249.7(d)I, Mark N. Todzo, hereby declare:1.This Certificate of Merit accompanies the attached sixty-day notice in which it isalleged that the parties identified in the notice have violated Health & Safety Code § 25249.6 byfailing to provide clear and reasonable warnings.2.I am an attorney with the Lexington Law Group, and I represent the noticingparty, the Center for Environmental Health.3.Members of my firm and I have consulted with one or more persons with relevantand appropriate experience or expertise who has reviewed facts, studies or other data regardingthe exposures to the listed chemical that is the subject of the action.4.Based on the information obtained through those consultations, and on otherinformation in my possession, I believe there is a reasonable and meritorious case for theprivate action. I understand that “reasonable and meritorious case for the private action” meansthat the information provides a credible basis that all elements of the plaintiff’s case can beestablished and the information did not prove that the alleged violators will be able to establishany of the affirmative defenses set forth in the statute.5.The copy of the Certificate of Merit served on the Attorney General attaches to itfactual information sufficient to establish the basis for this certificate, including the informationidentified in Health & Safety Code § 25249.7(h)(2), i.e. (1) the identity of the persons consultedwith and relied on by the certifier, and (2) the facts, studies or other data reviewed by thosepersons.March 27, 2020Mark N. TodzoAttorney for CENTER FORENVIRONMENTAL HEALTH
SERVICE LISTDistrict Attorney of Alpine CountyP.O. Box 248Markleeville, CA 96120District Attorney of Lake County255 N. Forbes StreetLakeport, CA 95453District Attorney of Amador County708 Court Street, Ste. 202Jackson, CA 95642District Attorney of Los Angeles CountyHall of Justice211 W. Temple Street, Ste. 1200Los Angeles, CA 90012-3210District Attorney of Butte CountyAdministration Building25 County Center DriveOroville, CA 95965District Attorney of Madera County209 West Yosemite AvenueMadera, CA 93637District Attorney of Colusa County346 Fifth Street, Suite 101Colusa, CA 95932District Attorney of Marin County3501 Civic Center Drive, Rm. 130San Rafael, CA 94903District Attorney of Del Norte County450 H Street, Ste. 171Crescent City, CA 95531District Attorney of Mariposa CountyP.O. Box 730Mariposa, CA 95338District Attorney of El Dorado County778 Pacific StreetPlacerville, CA 95667District Attorney of Mendocino CountyP.O. Box 1000Ukiah, CA 95482District Attorney of Fresno County2220 Tulare Street, Ste. 1000Fresno, CA 93721District Attorney of Merced County2222 "M" StreetMerced, CA 95340District Attorney of Glenn CountyP.O. Box 430Willows, CA 95988District Attorney of Modoc County204 S. Court Street, Rm. 202Alturas, CA 96101-4020District Attorney of Humboldt County825 5th StreetEureka, CA 95501District Attorney of Mono CountyP.O. Box 617Bridgeport, CA 93546District Attorney of Imperial County939 Main Street, Ste. 102El Centro, CA 92243District Attorney of Nevada County201 Commercial StreetNevada City, CA 95959District Attorney of Inyo CountyP.O. Drawer DIndependence, CA 93526District Attorney of Orange County401 Civic Center Drive WestSanta Ana, CA 92701District Attorney of Kern County1215 Truxtun AvenueBakersfield, CA 93301District Attorney of Placer County10810 Justice Center Drive, Ste. 240Roseville CA 95678-6231District Attorney of Kings County1400 West Lacey Blvd.Hanford, CA 93230District Attorney of Plumas County520 Main Street, Rm. 404Quincy, CA 95971
District Attorney of San Benito County419 Fourth Street, 2nd Fl.Hollister, CA 95023District Attorney of Yuba County215 Fifth StreetMarysville, CA 95901District Attorney of San Bernardino County316 N. Mountain View AvenueSan Bernardino, CA 92415Los Angeles City Attorney's OfficeCity Hall East200 N. Main Street, Rm. 800Los Angeles, CA 90012District Attorney of San Diego County330 West Broadway, Ste. 1300San Diego, CA 92101District Attorney of San Mateo County400 County Center, 3rd Fl.Redwood City, CA 94063District Attorney of Shasta County1355 West StreetRedding, CA 96001District Attorney of Sierra CountyCourthouse100 Courthouse Sq., 2nd Fl.Downieville, CA 95936District Attorney of Siskiyou CountyP.O. Box 986Yreka, CA 96097District Attorney of Solano County675 Texas Street, Ste. 4500Fairfield, CA 94533District Attorney of Stanislaus County832 12th Street, Ste. 300Modesto, CA 95354District Attorney of Sutter County446 Second StreetYuba City, CA 95991District Attorney of Tehama CountyP.O. Box 519Red Bluff, CA 96080District Attorney of Trinity CountyP.O. Box 31011 Court StreetWeaverville, CA 96093District Attorney of Tuolumne County423 N. Washington StreetSonora, CA 95370San Jose City Attorney's Office200 East Santa Clara StreetSan Jose, CA 95113Phillip J. Cline, District AttorneyTulare County221 S. Mooney Avenue, Rm. 224Visalia, CA 93291California Attorney General's OfficeAttention: Proposition 65 Coordinator andRobert Thomas1515 Clay Street, Ste. 2000P.O. Box 70550Oakland, CA 94612-0550Jan L. Knutson, CEO*Gear West Ski & Bike, Inc1786 W Wayzata Blvd #BLong Lake, MN 55356Steven Poulin, CEO*Swix Sport USA, Inc.60 Newark StreetHaverhill, MA 01832Long Lake, MN 55356
District Attorney of Madera County 209 West Yosemite Avenue Madera, CA 93637 District Attorney of Marin County 3501 Civic Center Drive, Rm. 130 San Rafael, CA 94903 District Attorney of Mariposa County P.O. Box 730 Mariposa, CA 95338 District Attorney of Mendocino County P.O. Box 1000 Ukiah, CA 95482 District Attorney of Merced County
1.1 Drinking Water Quality 1.2 Community and Household Water Treatment 1.3 Need for Drinking Water Quality Testing 1.4 Drinking Water Quality Guidelines and Standards 1.5 Drinking Water Quality Testing Options 1.6 Lessons Learned 1.7 Summary of Key Points 1.8 References Section 2 Planning f
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