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(Added by Stats. 1986, 871.) <br />25250.24. (a) Except as provided in subdivision (b), any person who generates, receives, stores, transfers, <br />transports, treats, or recycles used oil, unless specifically exempted or unless the used oil is not regulated by the <br />department pursuant to subdivision (e) of Section 25250.1, shall comply with all provisions of this chapter. <br />(b) Used oil which is removed from a motor vehicle and which is subsequently recycled, by a recycler who is <br />permitted pursuant to this article, shall not be included in the calculation of the amount of hazardous waste generated <br />for purposes of the generator fee imposed pursuant to Section 25205.5. <br />(Amended by Stats. 1988, Ch. 1085.) <br />25250.25, (a) Any person who manufactures containers which are produced specifically for the noncommercial <br />storage or transportation of used oil and which are sold in this state to consumers, shall not sell or transfer any of <br />those containers in this state to any person, unless the container meets all of the following requirements: <br />(1) The used oil cannot leak or unintentionally be spilled from the container with normal handling. <br />(2) No part of the container that comes in contact with the used oil can absorb any of the used oil being collected <br />and transported. <br />(3) The following statement shall be printed on a readily visible part of the container in at least 12 -point typeface <br />by the manufacturers of the container: <br />"Used oil is classified as a hazardous waste under California law. Used oil must be recycled properly. Placing <br />used oil into household garbage or commercial dumpsters or pouring it into sewers or onto the ground is prohibited <br />by law." <br />(b) Any person who manufactures containers which are produced specifically for the noncommercial drainage <br />of used oil and which are sold in this state to consumers, shall not sell or transfer any of those containers in this state <br />to any person unless the container meets the requirements of paragraphs (2) or (3) of subdivision (a). <br />(Added by Stats. 1988, Ch. 776.) <br />CHAPTER 6.6. SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 <br />(Chapter 6.6 added by Proposition 65, 1986 General Election) <br />25249.5. Prohibition On Contaminating Drinking Water With Chemicals Known to Cause Cancer or <br />Reproductive Toxicity. No person in the course of doing business shall knowingly discharge or release a chemical <br />known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes <br />or probably will pass into any source of drinking water, notwithstanding any other provision or authorization of law <br />except as provided in Section 25249.9. <br />(Added by Proposition 65, 1986 General Election.) <br />25249.6. Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. <br />No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known <br />to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, <br />except as provided in Section 25249.10. <br />(Added by Proposition 65, 1986 General Election.) <br />25249.7. Enforcement. <br />(a) Any person violating or threatening to violate Section 25249.5 or Section 25249.6 may be enjoined in any <br />court of competent jurisdiction. <br />(b) Any person who has violated Section 25249.5 or Section 25249.6 shall be liable for a civil penalty not to <br />exceed $2500 per day for each such violation in addition to any other penalty established by law. Such civil penalty <br />may be assessed and recovered in a civil action brought in any court of competent jurisdiction. <br />(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the <br />State of California or by any district attorney or by any city attorney of a city having a population in excess of 750,000 <br />or with the consent of the district attorney by a city prosecutor in any city or city and county having a full-time city <br />prosecutor, or as provided in subdivision (d). <br />(d) Action pursuant to this section may be brought by any person in the public interest if (1) the action is <br />commenced more than sixty days after the person has given notice of the violation which is the subject of the action <br />to the Attorney General and the district attorney and any city attorney in whose jurisdiction the violation is alleged <br />to occur and to the alleged violator, and (2) neither the Attorney General nor any district attorney nor any city <br />attorney or prosecutor has commenced and is diligently prosecuting an action against such violation. <br />if <br />