reglab/statecodes huggingface dataset:
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 17948.2 - Advisory Opinions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  product manufacturer selected for pre-certification pursuant to Section
				  17945.1(b), or
				  for certification pursuant to Section
				  17945.1(d)(3),
				  may request the Director provide written advice with respect to the product
				  manufacturer's compliance with this Article by submitting a written request to
				  the Department's legal office.
(b)
				  Written advice shall only be provided to product manufacturers that have been
				  notified pursuant to Section
				  17945.1(b) that
				  they may be required, or pursuant to Section
				  17945.1(d) that
				  they will be required, to certify compliance with this Article.
(c) A request for written advice shall not be
				  acted on by the Department unless it is submitted in writing to the
				  Department's legal office within 90 calendar days of the product manufacturer's
				  receipt of notification as described in subsection (b) of this Section and
				  includes the following information:
(1) The
				  name, title or position, phone number, e-mail, and mailing address of the
				  representative of the product manufacturer whose compliance is in question;
				  and
(2) All the facts material to
				  the consideration of the question or questions presented provided in a clear
				  and concise manner, including studies or physical examples where
				  appropriate.
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 17948.5 - Letters of Non-Objection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2.
					 Change without regulatory effect repealing section filed 3-24-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 13).
Note: Authority cited: Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Sections
						42310
						and
						42323,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17950 - Regulatory Effect of Questions and Answers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this Article, both the question and
					 answer in each section have regulatory effect for implementation and
					 enforcement. In addition to the regulations in this Article, statutory
					 provisions contained in Sections
					 40502
					 and
					 42750
					 through
					 42791
					 of the Public Resources Code govern the Recycled-Content Newsprint
					 Program.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17954 - Who Must Comply with these Regulations?

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Who must comply with these regulations? You must comply
					 with these regulations if you are:
1.
				  A person, as defined by Public Resources Code section
				  40170,
				  located in California, or
2. A
				  newsprint supplier who is a person, as defined above, who supplies newsprint
				  which will be used in California, or
3. A newsprint manufacturer who is a person,
				  as defined above, who produces newsprint, which will be used in
				  California.
1. New
					 section filed 4-7-92; operative 4-7-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 18).
2. Change without regulatory effect amending
					 item 3. filed 11-17-2000 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2000, No. 46).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						42750,
						42753
						and
						42772,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17956 - Who Must Certify?

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These certification requirements apply to printers and
					 publishers, located in California, who use newsprint in their operations.
					 Printing or publishing operations located outside of California are not
					 required to comply with these regulations.
(a) Printer/Publisher Certification of
				  Recycled-Content Newsprint Use to the Board.
(1) If you own or operate a commercial
				  printing establishment located in California, you must annually submit to the
				  Board a completed form CIWMB 430 "Newsprint Consumer Certification" (11/00),
				  which is incorporated herein by reference. (See Appendix A.) This form is due
				  to the Board on March 1 of each year.
(2) If you own or operate a commercial
				  publishing operation located in California, which also owns or operates a
				  commercial printing operation, you must annually submit a completed Newsprint
				  Consumer Certification, form CIWMB 430 (11/00), to the Board.
(3) Any person owning or operating more than
				  one commercial printing or commercial publishing operation in California may
				  submit one certification for all of its operations. All of the information
				  required by Section
				  17958(b) of this
				  Article must be itemized for each establishment included in the
				  certification.
(4) If you own or
				  operate a commercial printing operation located in California, but do not do
				  any printing, you are not required to submit a Newsprint Consumer
				  Certification, form CIWMB 430 (11/00), to the Board.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17958 - Newsprint Consumer Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) I am a consumer of newsprint. What must I
				  do to comply with these regulations? If you are a consumer of newsprint, to
				  comply with these regulations you must:
1.
				  Satisfy the minimum recycled-content newsprint use requirements in Table One
				  below, and
2. Certify to the Board
				  by March 1 of each year that you are meeting these requirements. The first
				  certification is due to the Board by March 1, 1992 for 1991's use.
				  Certification information is listed in subsection (b) of this section.
TABLE ONE: RECYCLED-CONTENT NEWSPRINT USE
					 REQUIREMENTS
On and
							 After
Required Use
January 1, 1991
25 percent
January 1, 1994
30 percent
January 1, 1996
35 percent
January 1, 1998
40 percent
January 1, 2000
50 percent
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17960 - Newsprint Supplier Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) I am a newsprint supplier. When I certify
				  the metric tons of recycled-content newsprint in every shipment to a consumer
				  or other supplier of newsprint, what information must I include? When you
				  certify the metric tons of recycled-content newsprint in every shipment to a
				  newsprint consumer or supplier, you must include:
1. Your name, mailing address, and telephone
				  number,
2. The name and physical
				  address of the consumer or supplier to whom you are sending the
				  newsprint,
3. The name of the
				  newsprint grade, and the date(s) of shipment,
4. Total in metric tons, by grade, of
				  recycled-content newsprint shipped, and
5. Total in metric tons, by grade, of
				  newsprint containing less than forty (40) percent postconsumer wastepaper
				  shipped.
6. If a shipment contains
				  no recycled-content newsprint, the supplier shall so
				  certify.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17962 - Newsprint Manufacturer Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) I manufacture recycled-content newsprint,
				  which is used in California. What must I do to comply with these regulations?
				  If you manufacture recycled-content newsprint, which is used in California, you
				  must:
(1) Certify the metric tons of
				  recycled-content newsprint contained in each shipment made to consumers or
				  suppliers, by grade, for use in California. If a shipment contains no
				  recycled-content newsprint, you shall so certify.
(2) Certify to the Board by March 1 of each
				  year the metric tons of postconsumer waste paper and/or deinked pulp received
				  or produced at each of your mills producing recycled-content newsprint for use
				  in California during each reporting period.
(3) Certify to the Board by March 1 of each
				  year the metric tons of recycled-content newsprint, by grade, which were
				  produced at each of your mills, which were shipped for use in California,
				  during each reporting period.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17966 - Comparable Price

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
How do I know if the price I have to pay for
					 recycled-content newsprint is a comparable price? The price for a grade of
					 recycled-content newsprint is comparable if the quoted price for the
					 recycled-content newsprint is less than or equal to the quoted price for
					 newsprint which is not recycled-content newsprint. These price comparisons
					 shall be grade-specific and for similar quantities.
1. New
					 section filed 4-7-92; operative 4-7-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 18).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						42760,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17968 - Availability Within a Reasonable Period of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) How will I know if the delivery time
				  promised by a newsprint manufacturer or supplier for recycled-content newsprint
				  is reasonable?
(1) A reasonable delivery time
				  for recycled-content newsprint for a commercial publisher shall be forty-five
				  (45) calendar days.
(2) A
				  reasonable delivery time for recycled-content newsprint for a commercial
				  printer shall be calculated by adding the delivery times in days for all
				  deliveries of newsprint of that grade received by the printer in the prior 30
				  days, dividing the result by the number of deliveries, and multiplying this
				  result by 1.1. If the quoted delivery time is less than or equal to the final
				  result of your calculation, the quoted delivery time is
				  reasonable.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17970 - Auditing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Will the Board
				  conduct audits of my certifications? The Board may conduct audits of your
				  certifications. The Board may either ask you for additional information, or the
				  Board may conduct an on-site audit.
(b) How will the Board conduct a request for
				  additional information? To get the information, the Board will send you a
				  request by certified mail. The Board will list the information the Board needs
				  and explain why the Board needs the information. You will have thirty days to
				  supply the information.
(c) How
				  will the Board conduct an on-site audit? If the Board decides to audit your
				  records to determine compliance with the statutory requirements, either Board
				  staff or an auditor will conduct the audit. The Board will send you the results
				  within thirty days of the date on which the audit was performed.
1. New
					 section filed 4-7-92; operative 4-7-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 18).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						42771,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17972 - Failure to Meet Goals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) I
				  am a consumer of newsprint. What happens if I cannot meet the recycled-content
				  newsprint use requirements for any reporting period? If you cannot meet the
				  recycled-content newsprint use requirements for any reporting period, you must
				  give the specific reasons why you did not meet them when you file your
				  certification for that reporting period.
There are only three acceptable reasons, pursuant to Public
					 Resources Code section
					 42773,
					 for not meeting the recycled-content newsprint use requirements:
1. The recycled-content newsprint did not
				  meet the quality standards established by the Board as defined in Section
				  17964 of this Article;
2. The recycled-content newsprint was not
				  available at a comparable price, as defined in Section
				  17966 of this Article, to that for
				  newsprint which is not recycled-content newsprint; or
3. The particular grade of recycled-content
				  newsprint would not have been available in a reasonable time as defined in
				  Section 17968 of this
				  Article.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 4 - Recycled Content Newsprint › Section 17974 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
What can happen to me if I make a false or misleading
					 certification or I do not comply with the statutory requirements?
(a) Any person who does not comply with the
				  statutory requirements for this program may be found guilty of an infraction,
				  and/or may be subject to civil penalties. The Board may assess civil penalties
				  of up to $1,000 per violation, subject to notice and hearing.
(b) Late filers and non-filers of Newsprint
				  Consumer Certifications (Form 430) shall be subject to the graduated penalty
				  structure below:
1. Any Consumer of Newsprint
				  who files a certification at least 45 days late will be assessed a $500 civil
				  penalty.
2. Any Consumer of
				  Newsprint who files a certification more than 90 days late and/or fails to file
				  will be assessed a $1,000 civil penalty.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17975 - Regulatory Effect of Questions and Answers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) What is the regulatory effect of the
				  questions and answer format? Both the question and answer in each section have
				  regulatory effect for purposes of implementation and enforcement. In addition
				  to the regulations in this Article, statutory provisions contained in Sections
				  42290
				  through
				  42297
				  of the Public Resources Code (PRC) govern the Recycled Content Trash Bag
				  Program.
1. New
					 article 5 and section filed 3-9-94; operative 3-9-94 (Register 94, No.
					 10).
2. Amendment of section and NOTE filed 3-24-95; operative
					 3-24-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 12).
Note: Authority cited: Sections
						40502
						and
						42297,
						Public Resources Code. Reference: Section
						42291,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17977 - Who Must Comply with these Regulations?

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Who must comply with these regulations?
				  You must comply with these regulations if you are:
(1) A manufacturer or wholesaler of regulated
				  trash bags, or
(2) A supplier of
				  RPPCM who sells material to a manufacturer of regulated trash
				  bags.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17978 - Who Must Certify?

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Trash bag manufacturers and wholesalers of trash bags must
					 certify annually to the Board on Board-supplied form CIWMB 57 "Plastic Trash
					 Bag Manufacturer Certification" and form CIWMB #58 "Plastic Trash Bag
					 Wholesaler Certification", respectively, which are described in Sections
					 17979 and
					 17979.5, and which are
					 incorporated herein by reference. Suppliers of RPPCM must certify annually to
					 the regulated trash bag manufacturers to whom they sell material. The supplier
					 certification form will not be provided by the Board.
(a) Annual Aggregate Certification
				  Requirements for Manufacturers of Trash Bags--
If you are a manufacturer of regulated trash bags, you must
					 comply with the requirements described in Public Resources Code (PRC) sections
					 42291,
					 42292 and
					 42293. You must annually submit to
					 the Board a completed Trash Bag Manufacturer Certification Form #57 on or
					 before March 1 (to cover the preceding reporting period) of each
					 year.
(b) Certification
				  Requirements for Wholesalers of Trash Bags--
If you are a wholesaler of trash bags, you must comply with
					 the requirements described in PRC section
					 42294.
					 You must annually submit to the Board a completed Wholesaler of Trash Bag
					 Certification Form #58 on or before March 1 (to cover the preceding reporting
					 period) of each year.
(c)
				  Certification Requirements for Suppliers of RPPCM--
If you are a supplier of RPPCM who sells material to a
					 manufacturer of regulated trash bags, you must annually provide each
					 manufacturer with the information described in PRC section
					 42292
					 and in Section
					 17980 of this Article. This report
					 is due to each regulated trash bag manufacturer to whom you supplied RPPCM by
					 February 1, (to cover the preceding reporting period) of each
					 year.
1. New
					 section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2.
					 Amendment of first paragraph and subsection (a), new subsection (b), subsection
					 relettering, and amendment of newly designated subsection (c) and NOTE filed
					 3-24-95; operative 3-24-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 12).
3. Change without regulatory effect amending
					 first paragraph filed 4-2-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 14).
4. Change without regulatory
					 effect amending section filed 3-11-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
Note: Authority cited: Sections
						40502
						and
						42297,
						Public Resources Code. Reference: Sections
						42290,
						42291,
						42292
						and
						42293,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17979 - Requirements for Manufacturers of Regulated Trash Bags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Manufacturers of Regulated Trash Bags--
(1) I am a manufacturer of regulated trash
				  bags. What must I do to comply with these regulations? To comply with these
				  regulations, you must:
(A) Certify to the
				  Board by March 1 of each year one of the following:
1. That you met the annual aggregate use
				  requirements that plastic trash bags intended for sale in California contained
				  APCM equal to at least 10 percent by weight of the regulated trash
				  bags.
2. That you met the annual
				  aggregate use requirement that 30 percent of the weight of the material used in
				  all of your plastic products intended for sale in California is APCM.
For each pound of RPPCM purchased from a California source
					 to manufacture the plastic trash bags, or other products manufactured with
					 RPPCM, the Board shall credit the manufacturer with having used 1.2 pounds of
					 RPPCM.
3. Were exempt from
				  meeting the requirements because all of the regulated trash bags you sold in
				  California during the previous reporting period were either:
i. below the minimum gauge standard, or
				  were
ii. hazardous or medical waste
				  bags, or were
iii. non-plastic
				  trash bags.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17979.1 - Recycled Plastic Postconsumer Material that Cannot be Used for Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any certification of RPPCM used for compliance with these
					 requirements shall not include any materials that are certified or used for
					 compliance with any other California or federal requirement that requires the
					 use or reporting of RPPCM for plastic products.
1. Change
					 without regulatory effect adding new section filed 3-11-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
2. Change without regulatory
					 effect amending section heading filed 11-17-2000 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2000, No. 46).
Note: Authority cited: Sections
						40502
						and
						42297,
						Public Resources Code. Reference: Section
						42290.5,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17979.3 - Exemption for Trash Bags Using Adhesive, Heat Affixed Straps; Petition for Variance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect adding new section filed 5-17-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 20).
2. Amendment filed 5-15-97;
					 operative 5-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 20).
3. Change without regulatory effect repealing
					 section filed filed 3-11-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
Note: Authority cited: Sections
						40502,
						42297 Public Resources Code.
						Reference: Section
						42298,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17979.5 - Requirements for Wholesalers of Regulated Trash Bags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Wholesalers of Regulated Trash Bags --
				  Wholesalers of regulated trash bags who are not also manufacturers of trash
				  bags shall be guided by the following provisions:
(1) I am a wholesaler of regulated trash bags
				  who is not also a manufacturer of trash bags. What information must I send to
				  the Board each year in my certification? On or before March 1 of each year, you
				  must send the following information to the Board for the preceding reporting
				  period on your Trash Bag Wholesaler Certification Form #58:
(A) Your company name, headquarters mailing
				  address, every physical address from which regulated trash bags were shipped,
				  telephone number, and contact person,
(B) A list of each manufacturer and each
				  other wholesaler from whom you purchased regulated trash bags during the
				  previous reporting period, and,
(C)
				  The number of regulated trash bags and the tons of regulated trash bags shipped
				  from each physical location which were intended for sale or distribution or
				  sold in California for which you are certifying.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17980 - Requirements for Suppliers of Recycled Plastic Postconsumer Material (RPPCM) for Use in Regulated Trash Bags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) I am a supplier of RPPCM who has sold
				  material to a manufacturer of regulated trash bags who is required to comply
				  with these regulations. What must I do to comply with these regulations?
To comply with these regulations you must:
Provide each regulated trash bag manufacturer with a
					 statement identifying:
(1) the
				  quantity and proximate prior usage of RPPCM sold for use in the regulated trash
				  bags sold to the manufacturer,
(2)
				  the actual postconsumer material (APCM) content of RPPCM sold for use in the
				  regulated trash bags sold to the manufacturer, and
(3) any other information required of the
				  manufacturer by the Board for the purposes of inclusion in the annual
				  certification to the Board.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17980.5 - What if I Determine During a Reporting Period that I Cannot Meet the Recycled Plastic Postconsumer Material (RPPCM) Content Requirements?

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) I am a
				  manufacturer of regulated trash bags. Will the Board provide me with any
				  assistance if I determine, during a reporting period, that I may not or cannot
				  meet the RPPCM content requirement? If at any time during a reporting period,
				  you determine you may not meet the RPPCM content requirement, you must contact
				  the Board within ten (10) calendar days of making the determination. The Board
				  will supply you with information regarding additional suppliers of RPPCM.
				  Following receipt of the information from the Board, you are required to make a
				  good-faith effort to purchase RPPCM to meet the use requirement from each
				  supplier on the Board-provided list. A good-faith effort must be made with each
				  supplier on the Board's list, in addition to those suppliers you have done
				  business with or are otherwise aware of prior to making the certification in
				  Section 17981.
1. New
					 section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2.
					 Amendment of section and NOTE filed 3-24-95; operative 3-24-95 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 95, No. 12).
3. Change without regulatory effect amending
					 section heading and section filed 3-11-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
Note: Authority cited: Sections
						40502
						and
						42297,
						Public Resources Code. Reference: Sections
						42290,
						42291,
						42292
						and
						42293,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17981 - Failure to Meet Recycled Plastic Postconsumer Material (RPPCM) Content Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) I am a manufacturer of regulated trash
				  bags. What must I do if I do not meet the regulatory requirements for any
				  reporting period? If you are unable to obtain sufficient amounts of RPPCM
				  within any reporting period because (1) it did not meet the RPPCM quality
				  standards promulgated by the Board or (2) it was not available within a
				  reasonable period of time, you must certify that fact to the Board.
(b) Must I provide documentation if I am
				  requesting an exemption due to the lack of availability or due to the low
				  quality of RPPCM? Yes, required documentation to support as claim for a quality
				  exemption may be found in Section
				  17982(f) and
				  required documentation to support a claim for an availability exemption may be
				  found in Section
				  17983(b).
(c) Must records be kept to document a claim?
				  Yes, records must be kept to assist you in documenting your certification. (See
				  Section 17983.5 of this
				  Article).
1. New
					 section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2.
					 Amendment of subsection (a), new subsection (b), subsection relettering, and
					 amendment of newly designated subsection (c) and NOTE filed 3-24-95; operative
					 3-24-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 12).
3. Change without regulatory effect amending
					 section heading and section filed 3-11-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
Note: Authority cited: Sections
						40502
						and
						42297,
						Public Resources Code. Reference: Sections
						42290,
						42291,
						42292
						and
						42293,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17983 - Availability Within a Reasonable Period of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) What is a reasonable period of time for
				  shipment of RPPCM? The RPPCM shall be considered available within a reasonable
				  period of time if the quoted shipment time will not prevent you from
				  manufacturing the regulated trash bags with RPPCM or the shipment of RPPCM will
				  arrive within sixty (60) days of the RPPCM order date.
(b) I must certify that I was not able to
				  meet the regulatory requirements because RPPCM was not available to me within a
				  reasonable period of time. What records must I keep to document my
				  certification? If you claim that you did not meet the regulatory requirements
				  because RPPCM was not available within a reasonable period of time, it is your
				  responsibility to document each claim. Required documentation for each claim
				  includes, but is not limited to, all of the following:
(1) Copies of your production schedule
				  indicating the date the RPPCM was needed to maintain your production of
				  regulated trash bags,
(2) The
				  quoted shipment times that you are claiming were unreasonable, order date, and
				  quoted delivery date,
(3) RPPCM
				  storage inventory at the regulated trash bag manufacturing facility where the
				  material was to be shipped indicating the material was not otherwise
				  available,
(4) The volume of RPPCM
				  requested in the order,
(5) A
				  written explanation describing the circumstances contributing to your need to
				  claim an exemption based on the availability of RPPCM,
(6) A written explanation from the supplier
				  of RPPCM describing the availability of the particular material at the time of
				  your negotiations, and,
(7)
				  Additional facts to substantiate that the volume ordered and the timeframe for
				  delivery that were requested were reasonable under normal business
				  practices.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17983.5 - Recordkeeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) I am a manufacturer or wholesaler of
				  regulated trash bags. What records must I keep to comply with these
				  regulations? To comply with these regulations, you must keep:
(1) A copy or record of every shipment order,
				  bill of lading, or other evidence of shipment of regulated trash bags you sold
				  to a retailer, distributor, wholesaler, broker, commercial or industrial user,
				  or governmental entity,
(2) A copy
				  or record of every shipment order, bill of lading, or other evidence of
				  shipment of regulated trash bags you purchased from a manufacturer or
				  wholesaler of trash bags,
(3) A
				  copy or record of every shipment order, bill of lading, or other evidence of
				  shipment of RPPCM you purchased or that you sold to another trash bag
				  manufacturer which identifies the APCM contained in the RPPCM,
(4) A copy or record of any documentation you
				  are using to verify a claim for an exemption based upon your assertion that the
				  RPPCM did not meet the quality standards or was not available within a
				  reasonable period of time,
(5) A
				  copy of every annual Certification Form #57 or #58 sent to the Board,
(6) A copy of every certification, or other
				  legal document, required by other local, state, or federal government agencies
				  to satisfy minimum recycled content mandates for trash bags or other plastic
				  products,
(7) A certification, or
				  other legal document, with an authorized certification signature, as defined in
				  Section 17976(b)(3) of
				  this Article from each supplier of postconsumer material identifying the
				  material as postconsumer material as defined by PRC section
				  41970(c),
				  and the quantity purchased during the preceding calendar year.
(8) A copy of each statement received from a
				  supplier of RPPCM identifying the quantity and proximate prior usage of, and
				  the actual postconsumer material content of each shipment of RPPCM purchased
				  and any other information the Board requires for purposes of inclusion in the
				  annual certification, and,
(9) Any
				  mutually agreed upon quality standard or delivery time for
				  RPPCM.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17984 - Auditing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Will the Board
				  conduct audits related to my certifications? The Board may include audits
				  related to your certifications. The Board may either request additional
				  information, or the Board may conduct an on-site audit. Each manufacturer,
				  wholesaler or supplier required to provide certification or any information
				  pursuant to this chapter shall be subject to audit by the Board.
(b) How will the Board request additional
				  information? The Board will send you a request for additional information by
				  certified mail. The Board will list the information it needs and explain the
				  need for the information. You will have thirty (30) days from the date of
				  receipt of the request to supply the information.
(c) How will the Board conduct an on-site
				  audit? If the Board decides to audit your records or facilities to determine
				  compliance with the regulatory requirements, either Board staff or the Board's
				  designee will conduct the audit.
1. New
					 section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2.
					 Amendment of subsection (a) and NOTE filed 3-24-95; operative 3-24-95 pursuant
					 to Government Code section
					 11343.4(d)
					 (Register 95, No. 12).
Note: Authority cited: Sections
						40502
						and
						42297,
						Public Resources Code. Reference: Section
						42295,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17985 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) What may result
				  if I provide the Board with a false or misleading certification? Any person who
				  provides the Board with a false or misleading certification may be prosecuted
				  for fraud by the Attorney General.
(b) What may result if I do not comply with
				  the regulatory requirements? The Board shall publish a list of those not in
				  compliance with the requirements of this Article. Manufacturers and wholesalers
				  of regulated trash bags and suppliers of RPPCM who do not comply with these
				  statutes or regulations may be referred to the Attorney General for
				  prosecution.
1. New
					 section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2.
					 Amendment of subsection (b) and NOTE and new forms CIWMB #57 and #58 filed
					 3-24-95; operative 3-24-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 12).
3. Change without regulatory effect moving
					 forms to section
					 18831, appendix A filed 4-2-96
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 14).
4. Change without regulatory
					 effect amending subsection (b) filed 3-11-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
Note: Authority cited: Sections
						40502,
						41955
						and
						42297,
						Public Resources Code. Reference: Section
						42296
						and
						42297,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 6 - At-Store Recycling Program Recordkeeping, Reporting and Measurement › Section 17987 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations provide guidance to stores subject to the
					 requirements of the At-Store Recycling Program Law (Public Resources Code
					 Sections
					 42250
					 et seq.). Under this law, stores, as defined, shall provide at-store recycling
					 opportunities for plastic carryout bags provided to customers by the stores at
					 the point-of-sale, and shall maintain records describing the collection,
					 transport and recycling of plastic bags collected for a minimum of three years.
					 These regulations are designed to clarify the recordkeeping requirements of the
					 law.
1. New
					 article 6 (sections
					 17987-17987.5) and section filed
					 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007, No. 31). A
					 Certificate of Compliance must be transmitted to OAL by 1-28-2008 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 6 (sections
					 17987-17987.5) and section refiled
					 1-28-2008 as an emergency; operative 1-28-2008 (Register 2008, No. 5). A
					 Certificate of Compliance must be transmitted to OAL by 4-28-2008 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New article 6 (sections
					 17987-17987.5) and section refiled
					 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 4-28-2008 order transmitted
					 to OAL 7-28-2008 and filed 9-9-2008 (Register 2008, No.
					 37).
Note: Authority cited: Sections
						40502
						and
						42252,
						Public Resources Code. Reference: Section
						42252,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 6 - At-Store Recycling Program Recordkeeping, Reporting and Measurement › Section 17987.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations do not cover retail establishments that
					 do not meet the definition of a store, or bags that are not plastic carryout
					 bags, as defined. The requirements of the At-Store Recycling Program Law apply
					 only to stores as defined in this Article that provide plastic carryout bags to
					 customers at the point-of-sale.
1. New
					 section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007,
					 No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 1-28-2008 as an emergency; operative
					 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2008 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance, including amendments, as to
					 4-28-2008 order, transmitted to OAL 7-28-2008 and filed 9-9-2008 (Register
					 2008, No. 37).
Note: Authority cited: Sections
						40502
						and
						42252,
						Public Resources Code. Reference: Sections
						42250,
						42251
						and
						42252,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 6 - At-Store Recycling Program Recordkeeping, Reporting and Measurement › Section 17987.3 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each operator
				  or its designated reporting party or parties shall maintain the following
				  records:
(1) A record of the weight of all
				  plastic carryout bags purchased and all plastic carryout bas shipped or
				  delivered to each individual store.
(2) A list of store locations under an
				  operator's control that provide plastic carryout bags to customers.
(3) An operator or its designated reporting
				  party or parties shall maintain one of the following types of records depending
				  on whether it is reporting on the actual weight of plastic carryout bags or is
				  reporting the total weight of all film plastic recycled:
(A) A record of the weight of all plastic
				  carryout bags transported, recycled or otherwise sent for recycling;
				  or
(B) A record of the weight of
				  all film plastic transported, recycled or otherwise sent for recycling. This
				  weight shall include all plastic carryout bags that are co-mingled with other
				  types of film plastic.
(4) A copy of every form or report required
				  to be submitted to the Board.
(5)
				  Operators or designated reporting parties using an operator-calculated
				  co-mingled recycling rate shall maintain any records describing the methodology
				  and calculation(s) of the weights of plastic carryout bags and other film
				  plastic materials that were recycled.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 6 - At-Store Recycling Program Recordkeeping, Reporting and Measurement › Section 17987.5 - CO-Mingled Recycling Rate Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall, a least once, calculate and publish a
					 co-mingled recycling rate. The co-mingled recycling rate shall be calculated
					 through waste characterization studies that determine the percentage of plastic
					 carryout bags relative to other film plastic materials collected for
					 recycling.
1. New
					 section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007,
					 No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 1-28-2008 as an emergency; operative
					 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be
					 transmitted to OAL by 4-28-2008 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 4-28-2008 order, including
					 renumbering of former section
					 17987.5 to new section
					 17987.6 and new section
					 17987.5, transmitted to OAL
					 7-28-2008 and filed 9-9-2008 (Register 2008, No.
					 37).
Note: Authority cited: Sections
						40502
						and
						42252,
						Public Resources Code. Reference: Section
						42252,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 6 - At-Store Recycling Program Recordkeeping, Reporting and Measurement › Section 17987.6 - Submittal of Confidential, Proprietary Data or Trade Secrets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The submittal of data or information to the Board that is
					 confidential, proprietary or a trade secret under applicable California law
					 shall be subject to the provisions of Title 14, California Code of Regulations,
					 Article 4 (commencing with Section
					 17041).
1.
					 Renumbering of former section
					 17987.5 to new section
					 17987.6, including amendment of
					 section, filed 9-9-2008; operative 9-9-2008 (Register 2008, No.
					 37).
Note: Authority cited: Sections
						40502
						and
						42252,
						Public Resources Code. Reference: Section
						42252,
						Public Resources Code.