California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17949 - Violations and Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Public Resources Code Section
				  42321,
				  within 30 calendar days of the Department determining that an entity provided
				  the Department with a false or misleading compliance certification, the
				  Department may refer that entity to the Attorney General for prosecution for
				  fraud.
(b) A container manufacturer
				  that submits to a product manufacturer a certification with false or misleading
				  information shall be subject to the same penalties and fines that are imposed
				  upon product manufacturers (see Violation 4 in subsection (d) of this Section).
				  A product manufacturer is not subject to any fine or penalty for not complying
				  as a result of the submittal of false or misleading information by a container
				  manufacturer.
(c) Any violation of
				  this Article is a public offense and is punishable by a fine not to exceed
				  $100,000. In addition, violators may be subject to a civil penalty not to
				  exceed $50,000 per violation. Total fines and penalties are not to exceed
				  $100,000 per annum (i.e., calendar year certification cycle) for each violator.
				  On or before July 1st of each year, the Department shall publish a list setting
				  forth any fines or penalties that have been levied against a violator of this
				  Article in the preceding calendar year for failure to comply with the
				  requirements of this Article.
(d)
				  Penalties for specified violations of program requirements are as follows.
Violation
Description
							 of
							 Violation
Penalty
(1)
CCR
Section
							 17944;
PRC
Section 42310
Product
							 manufacturer did not comply with rigid plastic packaging container requirements
							 in accordance with Section
							 17945.3 and
							 17945.5 of this Article. Penalty
							 determined by degree of noncompliance.
$5,000--$50,000 See
							 Section 17949(e).
(2)
CCR
Section
							 17945.2
Product
							 manufacturer did not submit certification by due date.
$1,000--$50,000 See Section
							 17949(f).
(3)
CCR
Section
							 17945.2; 17945.3
Product manufacturer did not submit complete or accurate certification
							 by due date. Degree of incompleteness or inaccuracies include, but are not
							 limited to, misreporting exemptions, failure to account for all products,
							 failure to account for subsidiaries and divisions, lack of container
							 manufacturer's verification of number of containers sold or weight of
							 containers, inconsistencies in information between product manufacturer and
							 container manufacturer, lack of signatures, mathematical inaccuracies.
$1,000--$50,000 See Section
							 17949(g).
(4)
CCR
Section
							 17945.2; 17945.3; 17945.4;
PRC
Section
							 42321
Product
							 manufacturer or container manufacturer submitted false or misleading
							 information on certification.
Referral to Attorney General
							 for prosecution for fraud within 30 calendar days of discovery by the
							 Department; maximum fine, $100,000.
(e)
				  When product manufacturers do not comply with the rigid plastic packaging
				  container requirements in Sections
				  17945.3 and
				  17945.5 (i.e., Violation 1 in the
				  preceding table), the Department will calculate penalties using the data from
				  the approved compliance certifications and the following formulas. The process
				  gives credit for progress in meeting compliance options by container line (or
				  averaged container lines), and the total penalty is based on a weighted average
				  calculation of the product manufacturer's overall compliance.
(1) Postconsumer Material Content Compliance
				  and Alternative Container Compliance Method Penalty Calculation.
For each rigid plastic packaging container line (or average
					 of multiple container lines) claiming a postconsumer material compliance option
					 per Section
					 17945.3(d)(1) or
					 alternative container compliance method option per Section
					 17945.3(e):
Click
					 here to view image
where:
WRPPC = the weight of each rigid
					 plastic packaging container
NRPPC = the total number of rigid
					 plastic packaging containers
n = the number of container lines in the compliance
					 calculation
WPM = the total weight of rigid
					 plastic packaging containers for all the product manufacturer's lines
					 (calculated such as shown in the Sample Table below)
CC = the calculated compliance rate per the applicable
					 formula in Section
					 17945.5(b) or
					 (c)
D = 2,000 if the line's postconsumer material compliance
					 value was at least 25 percent (i.e., in compliance) OR 1,800 if the value was
					 less than 25 percent (i.e., out of compliance)
(2) Source Reduction Compliance Penalty
				  Calculation.
For each rigid plastic packaging container line (or average
					 of multiple container lines) claiming a source reduction compliance option per
					 Section 17945.3(d)(2), (3), (4) or
					 (5):
Click
					 here to view image
where:
WS = the weight of each source
					 reduced rigid plastic packaging container
NS = the total number of source
					 reduced rigid plastic packaging containers
n = the number of container lines in the compliance
					 calculation
WPM = the total weight of rigid
					 plastic packaging containers for all the product manufacturer's lines
					 (calculated such as shown in the Sample Table below)
CC = the calculated compliance rate per the applicable
					 formula in Section
					 17945.5(d)
2.5 = the factor used so that the penalties due will equal
					 zero or less for lines in compliance
D = 2,000 if the line's source reduction compliance value
					 was at least 10 percent (i.e., in compliance) OR 1,800 if the value was less
					 than 10 percent (i.e., out of compliance)
(3) Reusable or Refillable Rigid Plastic
				  Packaging Container Compliance Penalty Calculation.
For each rigid plastic packaging container line (or average
					 of multiple container lines) claiming a reuse or refill compliance option per
					 Section 17945.3(d)(6) or
					 (7):
Click
					 here to view image
where:
WP= the weight of each original
					 rigid plastic packaging container sold
P = the number of original rigid plastic packaging
					 containers sold
n = the number of container lines in the compliance
					 calculation
WPM = the total weight of rigid
					 plastic packaging containers for all the product manufacturer's lines
					 (calculated such as shown in the Sample Table below)
CC = the calculated compliance rate per the applicable
					 formula in Section
					 17945.5(e) or
					 (f)
5 = the factor used so that the penalties due will equal
					 zero or less for lines in compliance
D = 2,000 if the line's reuse or refill compliance value
					 was at least 5 (i.e., in compliance) OR 1,800 if the value was less than 5
					 (i.e., out of compliance)
(4) Recycling Rate Compliance Penalty
				  Calculation.
For each rigid plastic packaging container line (or average
					 of multiple container lines) claiming a recycling rate compliance option per
					 Section 17945.3(d)(8):
Click
					 here to view image
where:
WRPPC = the weight of each rigid
					 plastic packaging container
NRPPC = the total number of rigid
					 plastic packaging containers
n = the number of container lines in the compliance
					 calculation
WPM = the total weight of rigid
					 plastic packaging containers for all the product manufacturer's lines
					 (calculated such as shown in the Sample Table below)
CC = the calculated compliance rate per the approved
					 methodology per Section
					 17943.5(d)(8)
0.555556 = the factor used so that the penalties due will
					 equal zero or less for lines in compliance
D = 2,000 if the line's recycling rate compliance value was
					 at least 45 percent (i.e., in compliance) OR 1,800 if the value was less than
					 45 percent (i.e., out of compliance)
(5) Floral Industry Compliance Penalty
				  Calculation.
For each rigid plastic packaging container line (or average
					 of multiple container lines) claiming a floral industry compliance option per
					 Section 17945.3(d)(9):
Click
					 here to view image
where:
WP = the weight of each original
					 rigid plastic packaging container sold
P = the number of original rigid plastic packaging
					 containers sold
n = the number of container lines in the compliance
					 calculation
WPM = the total weight of rigid
					 plastic packaging containers for all the product manufacturer's lines
					 (calculated such as shown in the Sample Table below)
CC = the calculated compliance rate, in months, per the
					 approved methodology per Section
					 17943.5(d)(9)
1.0416667 = the factor used so that the penalties due will
					 equal zero or less for lines in compliance (i.e., with reuse of at least 24
					 months)
D = 2,000 if the line's floral container compliance value
					 was at least 24 months (i.e., in compliance) OR 1,800 if the value was less
					 than 24 months (i.e., out of compliance)
(6) As shown in the sample table following,
				  the Department will sum the weights of the product manufacturer's rigid plastic
				  packaging containers for each line (and/or average of lines, when applicable)
				  in order to calculate the weighted Violation 1 penalties due by line and in
				  total. The "calculated compliance values" ("CC"s in the formulas above) are
				  those submitted in the product manufacturer's certification and subsequently
				  reviewed and approved by the Department. The "weighted penalties" by line are
				  calculated using the formulas above. Where the "Total Penalty" is less than or
				  equal to zero, no payment is due. (Note that this chart does not show the
				  entire calculation, just the components identified above.)Sample Table
(A)
(B)
(C)
(D)
(E)
(F)
Cont.
							 Line
Compliance Option &
							 Threshold
Total #
							 RPPC
Wt of Indiv RPPCs
							 (gms)
Total RPPC Wt (B x C)
							 (gms)
Calc'd Compliance Value (% or
							 #)
Weighted Penalty
							 ($)
1
PCM
							 (25%)
5,000,000
55.00
275,000,000
9.00
							 %
$ 443.77
2
Avg PCM
							 (25%)
10,000,000
100.00
1,000,000,000
35.00
							 %
(620.65)
3
Source Red
							 (10%)
55,000
75.00
4,125,000
10.00
							 %
0
4
Reuse
							 (5.0)
9,500
65.00
617,500
5.00
0
5
Refill
							 (5.0)
6,300,000
100.00
630,000,000
3.60
529.37
Total
WPM:
1,909,742,500
Total:
$352.49