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manatt manatt I phelps I phillips Elianna Florido November 9, 2018 Page 2 118—Inadequate Training Rite Aid conducts both new-hire, and annual refresher hazardous waste compliance training to all of its California associates. A copy of the training materials is enclosed as Exhibit 2. In response to your inspection findings, Rite Aid has required all of its associates at Store 5996 to again complete the annual refresher training course, and Rite Aid's California EHS staff also visited this Rite Aid location to provide supplemental in-person hazardous waste compliance training, including a review of the compliance issues noted in the Inspection Report. 403 /605—Closed Containers and Container Labeling While the Inspection Report notes that these alleged violations were corrected on-site, we are aware of no factual basis to support either violation, and believe that they were incorrectly alleged in the Inspection Report. More specifically, the findings noted in support of each of these alleged violations make no mention of open containers, or containers with inadequate labeling. And based on discussions we have had with store associates from Rite Aid 5996, no hazardous waste containers were open, or improperly labeled at the time of your inspection. Instead,the Inspection Report cites to the presence of an expired nicotine cessation product on a shelf behind the register in support of both alleged violations. The presence of an expired nicotine cessation product behind the register is not a violation of 22 CCR 66265.173 (closed containers) or 22 CCR 66262.34(f) (container labeling), and therefore these alleged violations are without merit.t Handling of Expired Warfarin and Coumadin The Inspection Report also requests Rite Aid's"policy and procedure for how expired warfarin or Coumadin are managed." As a preliminary matter, Rite Aid objects to this request on the ground that it violates the terms of the settlement entered into between Rite Aid and various counties in California, including San Joaquin County(settlement agreement is attached as Exhibit 3). Specifically, Section 4.2.b of the settlement states that: During the term of this Final Judgment, the People shall only pursue a violation of this Final Judgment or applicable law regarding the reverse distribution of I will note,however,that in response to this finding,Rite Aid has provided supplemental training to store associates from Rite Aid 5996 regarding the importance of making timely hazardous waste determination when an item becomes expired, or is otherwise no longer saleable(including the placing of any items that are determined to be hazardous waste into closed and appropriately labeled hazardous waste containers).