reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 5 - Grants to Public Entities to Abate Illegal Disposal Sites › Section 18915 - Grant Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grants made pursuant to this Article shall be subject to
					 the following requirements:
(a) The
				  terms of any approved grant shall be specified in a grant agreement between the
				  grant recipient and the Board.
(b)
				  The Board shall not finance more than five hundred thousand dollars ($500,000)
				  per site.
(c) The Board or the
				  Department of Finance may audit the recipient's records regarding moneys
				  received pursuant to this Article.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48027(c)(3),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 5 - Grants to Public Entities to Abate Illegal Disposal Sites › Section 18916 - Grant Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications for grant funds shall be
				  accepted on a continuous basis.
(b)
				  Public entities with eligible sites shall submit an application package which
				  shall include but is not limited to the following information:
(1) Name of the site owner and a copy of the
				  owner's grant deed with legal description.
(2) Substantiation of actual or potential
				  threat to public health and safety or the environment by attaching applicable
				  regulatory agency investigation documents or enforcement orders, solid waste
				  assessment tests (SWAT) reports, or certified environmental assessment
				  reports.
(3) Preliminary Work Plan
				  and Cost Estimate prepared by a registered civil engineer. If local government
				  resources to be reimbursed with grant funds are proposed for site cleanup,
				  costs shall be determined in accordance with procedures in State Department of
				  Transportation Standard Specifications Section
				  9-1.03, Force Account Payment,
				  except that overhead and profit markups to direct cost of labor, materials,
				  equipment or subcontractors will not be allowed.
(4) Proof of Compliance with the California
				  Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative
				  Declaration, or Environmental Impact Report).
(5) Evidence of owner's inability to pay for
				  cost of site cleanup (e.g. owner cannot be identified or found, owner is unable
				  to pay for site cleanup). Attach a copy of report of records search, financial
				  statements or audits of owner, and other documents to substantiate
				  need.
(6) A copy of the adopted
				  resolution from the governing board or council authorizing the public entity to
				  file an application and enter into and execute a grant agreement, and naming
				  the title of the individual authorized to execute any agreements, contracts,
				  and requests for payment.
(7) Name,
				  address, telephone number, fax number of the applicant. All materials submitted
				  shall become the property of the Board and will be retained for a minimum of
				  three years.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 5 - Grants to Public Entities to Abate Illegal Disposal Sites › Section 18917 - Preliminary Review of Grant Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt, Board staff shall review each application to
					 determine whether the application is complete. Within thirty (30) days of
					 receiving the application Board staff shall send a letter to the applicant with
					 one of the following responses:
(a)
				  The application is incomplete with specification of the deadline and steps, if
				  any, which the applicant may take to correct the identified deficiencies.
				  Following receipt of such notice, applicants that fail to supply the required
				  information or meet any specified deadline shall be rejected from consideration
				  for a grant.
(b) The applicant is
				  ineligible for a grant based on failure to meet criteria under Section
				  18914 of this Article;
				  or
(c) The applicant is eligible
				  for a grant pursuant to Section
				  18914 of this Article, that the
				  application is complete, and that the application shall be evaluated by Board
				  staff.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 5 - Grants to Public Entities to Abate Illegal Disposal Sites › Section 18918 - Review of Complete Grant Applications and Board Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determination that an application is complete, Board
					 staff shall review each application and prepare a summary of findings.
					 Applications, which meet the following criteria, shall be considered and a
					 decision shall be made by the Board within ninety (90) days of the
					 determination that the application is complete:
(a) The Local Enforcement Agency shall
				  provide ongoing inspection and enforcement action to prevent recurring use of
				  the illegal disposal site;
(b) The
				  applicant has adequately demonstrated the appropriateness of the grant for use
				  in the project as specified pursuant to Section
				  18904 of this Chapter;
				  and
(c) If the applicant is other
				  than the Local Enforcement Agency, a copy of the complete application shall be
				  sent to the Local Enforcement Agency's office.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48021(c),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 5 - Grants to Public Entities to Abate Illegal Disposal Sites › Section 18919 - Grant Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Board approves the grant, the
				  applicant and the Board shall enter into a written grant agreement that
				  identifies and ensures compliance with the terms and conditions specified in
				  Section 18915 and any other special
				  conditions or terms that the Board may deem necessary.
(b) All funds shall be disbursed pursuant to
				  the terms of the grant agreement.
(c) The grant recipient must obtain prior
				  written approval from the Board, or its designated representative, for any
				  changes in the grant agreement. All requests must include a description of the
				  proposed change(s) and the reason(s) for the change(s).
(d) The Board may terminate any grant in
				  whole, or in part, at any time prior to the date of completion whenever it is
				  determined by the Board that the recipient has failed to comply with the terms
				  of the grant agreement. The Board shall notify the recipient in writing of the
				  reasons for the termination of the grant and the effective date of the
				  termination within five working days of the determination to
				  terminate.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 6 - Matching Grants to Public Entities › Section 18920 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may
				  make matching grants directly from the trust fund to public entities to assist
				  in site remedial actions. The grants shall be used to assist the Board in
				  complying with Public Resources Code section
				  48020
				  et seq.
(b) The regulations
				  contained in this Article set forth the requirements to apply for and receive
				  matching grant funds from the trust fund.
1. New
					 article 6 (sections
					 18920-18927) and section filed
					 9-11-2000; operative 9-11-2000 pursuant to Government Code section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48021(b),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 6 - Matching Grants to Public Entities › Section 18921 - Matching Grant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Matching grants are available only to
				  public entities that demonstrate the following:
(1) The site remedial action is needed to
				  protect public health and safety and/or the environment; and
(2) The ability to pay the costs of remedial
				  action that exceed the grant amount.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 6 - Matching Grants to Public Entities › Section 18922 - Matching Grant Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Matching grants made pursuant to this Article shall be
					 subject to the following requirements:
(a) The terms of any approved grant shall be
				  specified in a matching grant agreement between the matching grant recipient
				  and the Board.
(b) The Board shall
				  finance up to and not more than 50 percent of the cost of any project up to a
				  maximum of seven hundred and fifty thousand dollars ($750,000) per
				  site.
(c) The Board or the
				  Department of Finance may audit the recipient's records regarding moneys
				  received pursuant to this Article.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48027(c)(3),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 6 - Matching Grants to Public Entities › Section 18923 - Matching Grant Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications for matching grant funds
				  shall be accepted on a continuous basis.
(b) Jurisdictions with eligible sites shall
				  submit an application package which shall include but is not limited to the
				  following information:
(1) A copy of the grant
				  deed with legal description.
(2)
				  Substantiation of threat to public health and safety or the environment. Attach
				  applicable regulatory investigations or enforcement orders, solid waste
				  assessment test (SWAT) reports, or certified environmental assessment
				  reports.
(3) A detailed Scope of
				  Work and Cost Estimate prepared by a registered civil engineer. Cost of
				  eligible and ineligible work must be itemized separately. If local government
				  resources to be reimbursed under this grant agreement are proposed for site
				  cleanup, costs shall be determined in accordance with procedures in State
				  Department of Transportation Standard Specifications Section
				  9-1.03, force Account Payment,
				  except that overhead and profit markups to direct cost of labor, materials,
				  equipment, or subcontractors will not be allowed.
(4) Proof of compliance with the California
				  Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative
				  Declaration, or Environmental Impact Report).
(5) Demonstration of need for requested grant
				  funds. Attach applicant's annual financial operating statements for last three
				  years, independent audits, and other evidence of financial
				  conditions.
(6) Identification of
				  sources of funds to pay for local government match and project costs not
				  eligible for matching grant included in the project.
(7) A copy of the approved resolution from
				  the governing board or council authorizing submittal of the application,
				  certifying availability of matching funds and funds for costs not eligible, and
				  the naming title of the individual authorized to execute any agreements,
				  contract, and requests for payment. This authorized individual will be the only
				  person whose signature the Board will recognize. Applications from joint power
				  authorities consisting of several cities and/or counties must include a signed
				  copy of a written agreement between the governing bodies authorizing the grant
				  applicant to act on their behalf.
(8) Name, address, telephone number, and fax
				  number of the applicant. All materials submitted will become property of the
				  Board and will be retained for a minimum of three years.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 6 - Matching Grants to Public Entities › Section 18924 - Preliminary Review of Matching Grant Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt, Board staff shall review each application to
					 determine whether the application is complete. Within thirty (30) days of
					 receiving the application Board staff shall send a letter to the applicant with
					 one of the following responses:
(a)
				  The application is incomplete and specifying the deadline and steps, if any,
				  which the applicant may take to correct the identified deficiencies. Following
				  receipt of this notice, applicants that fail to supply the required information
				  or meet any specified deadline shall be rejected from consideration for a
				  grant; or
(b) The applicant is
				  ineligible for a matching grant pursuant to Section
				  18921 of this Article;
				  or
(c) The applicant is eligible
				  for a matching grant pursuant to Section
				  18921 of this Article, that the
				  application is complete, and that the application shall be evaluated by Board
				  staff.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 6 - Matching Grants to Public Entities › Section 18925 - Review of Complete Matching Grant Applications and Board Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determination that an application is complete, Board
					 staff shall review each application and prepare a summary of findings.
					 Applications, which meet the following criteria, shall be considered and a
					 decision shall be made by the Board within ninety (90) days of the
					 determination that the application is complete:
(a) The applicant's source of payment is
				  sufficient to supply the amount of funds needed that exceed the matching grant
				  amount; and
(b) The applicant has
				  adequately demonstrated the appropriateness of the matching grant for use in
				  the project as specified pursuant to Section
				  18902(c) of this
				  Article.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48021(c),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 6 - Matching Grants to Public Entities › Section 18926 - Matching Grant Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Board approves the matching grant,
				  the applicant and the Board shall enter into a written matching grant agreement
				  that identifies and ensures compliance with the terms and conditions specified
				  in Section
				  18923 and any other special
				  conditions or terms that the Board may deem necessary on a case-by-case
				  basis.
(b) All funds shall be
				  disbursed pursuant to the terms of the grant agreement.
(c) The matching grant recipient must obtain
				  prior written approval from the Board, or its designated representative, for
				  any changes in the matching grant agreement. All requests must include a
				  description of the proposed change(s) and the reason(s) for the
				  change(s).
(d) The Board may
				  terminate any matching grant in whole, or in part, at any time prior to the
				  date of completion, whenever it is determined by the Board as a whole, that the
				  recipient has failed to comply with the terms of the matching grant agreement.
				  The Board shall notify the recipient in writing of the reasons for the
				  termination of the matching grant and the effective date of the termination
				  within five working days of the determination.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 6 - Matching Grants to Public Entities › Section 18927 - Financial Condition Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the application process and any
				  time thereafter, it shall be the responsibility of the applicant or matching
				  grant recipient to immediately notify the Board of any change in financial
				  condition that would make them either:
(1)
				  Financially able to perform remedial action without Trust Funds; or
(2) Unable to pay for remedial action costs
				  that exceeds the matching grant amount.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 7 - Board Managed Remediations › Section 18928 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may
				  decide to expend available moneys to perform any cleanup, abatement, or
				  remedial action work required under the provisions set forth in Section
				  18904 which is required by the
				  magnitude of the endeavor or the need for prompt action to prevent substantial
				  pollution, nuisance, or injury to public health or safety and/or the
				  environment. The action may be taken in default of, or in addition to remedial
				  work by the responsible parties or other persons and regardless of whether
				  injunctive relief is being sought.
(b) The Board may perform the work itself or
				  in cooperation with any other governmental agency. Notwithstanding any other
				  provisions of the law, the Board may enter into oral contracts for that work,
				  and the contracts, whether written or oral, may include provisions for
				  equipment rental and in addition the furnishing of labor and materials
				  necessary to accomplish the work. The contracts are exempt from approval by the
				  Department of General Services pursuant to section
				  10295
				  of the Public Contract Code.
1. New
					 article 7 (sections
					 18928-18932) and section filed
					 9-11-2000; operative 9-11-2000 pursuant to Government Code section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48021(b),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 7 - Board Managed Remediations › Section 18929 - Cost Recovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Board shall pursue cost recovery for each site remediated with funds in
				  accordance with this chapter unless under limited circumstances where a
				  determination is made by the Board that cost recovery will not be pursued based
				  on factors including but not limited to: publicly owned sites maintained in
				  public benefit and use; property owner did not cause the disposal of waste;
				  property owner did not and will not gain a benefit due to condition of
				  property; value of property significantly less than cost of cleanup; hardship
				  to property owner; and in cases where a responsible party cannot be
				  identified.
(b) If a remedial
				  action is taken in the case of threatened pollution or nuisance by the Board
				  and/or any governmental agency, any costs incurred by the Board and/or
				  governmental agency are recoverable from the responsible parties or parties who
				  unlawfully caused such a condition or conditions. Any and all responsible
				  parties are joint and severably liable for any such costs. The amount of those
				  costs shall be recoverable in a civil action by, and paid to, the governmental
				  agency and the Board to the extent of the latter's contribution to the cleanup
				  costs from available funds.
(c)
				  Reasonable costs shall include the amount expended, the Board's costs of
				  contract administration, and an amount equal to the interest that would have
				  been earned on the expended funds. The interest rate shall be based on the rate
				  of return for money in the Surplus Money Investment Fund.
(d) Any and all responsible parties are joint
				  and severably liable.
(e) The entry
				  of judgement against any party to the action does not bar any future action by
				  the Board against any other person who is later discovered to be potentially
				  liable for costs paid from the trust fund.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48023,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 7 - Board Managed Remediations › Section 18930 - Responsible Parties Identification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, despite reasonable efforts by the Board to locate the
					 person(s) responsible for the condition of pollution or nuisance, the person is
					 not identified at the time of cleanup, abatement, or remedial action work must
					 be performed, the Board shall not be required to issue an order under this
					 Chapter.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 7 - Board Managed Remediations › Section 18931 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Funds may be used only for those costs eligible pursuant to
					 Section 18904.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48021(b),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 7 - Board Managed Remediations › Section 18932 - Board Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determination that a site is eligible pursuant to
					 Section 18904 of this Chapter, the site
					 shall be considered by the appropriate Committee, and if necessary, for final
					 recommendation to the Board for approval within ninety (90)
					 days.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18940 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Article is to clarify existing statute
					 and establish administrative procedures to efficiently and effectively
					 implement the department's responsibilities under the law for product
					 stewardship for carpets and to provide a uniform competitive business
					 environment to all carpet manufacturers, retailers, and wholesalers pursuant to
					 §
										42970
					 of the Public Resources Code.
1. New
					 chapter 11, article 1 (sections
					 18940-18948) and section filed
					 1-26-2012; operative 1-26-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 4).
Note: Authority cited: Sections
						40502
						and
						42970,
						Public Resources Code. Reference: Section
						42970,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18941 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  definitions shall only apply to this Article and except as otherwise noted, the
				  definitions of this Article supplement and are governed by the definitions set
				  forth in Chapter 20 (commencing with §
										42970), Part 3, Division 30 of the
				  Public Resources Code:
(1) "Must" or "shall"
				  means a provision is mandatory.
(2)
				  "May" means a provision is permissive.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18942 - Submittals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A corporate
				  officer, acting on behalf of a manufacturer or stewardship organization, shall
				  register with the department. The registration process shall include, but not
				  be limited to, the following information:
(1)
				  Contact information of the corporate officer responsible for submitting
				  stewardship plan and annual report documents to the department and for
				  overseeing carpet stewardship program activities, including, but not limited
				  to:
(A) Contact Name
(B) Title
(C) Name of Company or Stewardship
				  Organization
(D) Mailing address
				  and physical address
(E) Phone
				  number
(F) E-mail address
(G) Web address, if applicable
(H) Location and custodian of
				  records
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18945 - Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A civil penalty may be administratively imposed by the
					 department on any person who is in violation of any provision of this Article.
					 The responsible party or parties shall be determined by the department based on
					 the totality of the circumstances.
(a)
				  Any manufacturer offering carpet for sale or for promotional purposes in
				  California or a manufacturer or stewardship organization submitting a plan or
				  report to the department is subject to enforcement under this Article.
				  Manufacturers are subject to penalties as a result of the failure of their
				  designated stewardship organization to comply with this Article on their
				  behalf.
(b) Notwithstanding
				  paragraph (a), a product manufacturer is not subject to any penalty for failing
				  to comply if that product manufacturer can demonstrate that it provided true
				  and accurate information to the stewardship organization and the stewardship
				  organization failed to properly report this on behalf of the
				  manufacturer.
(c) A stewardship
				  organization is not subject to a penalty for failure to comply as a result of
				  submitting false or misleading information if it can demonstrate that it
				  received false or misleading information from a manufacturer that was the
				  direct cause of its failure to comply with this Article.
(d) Any wholesaler or retailer that offers
				  carpet for sale in the state, or who offers carpet for promotional purposes in
				  the state, is subject to enforcement under this Article.
1. New
					 section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 4).
Note: Authority cited: Sections
						40502
						and
						42974,
						Public Resources Code. Reference: Section
						42974
						and
						42978,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18945.1 - Amount of Civil Penalties and Administrative Penalty Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil penalties
				  may be imposed administratively in accordance with the following penalty
				  tables:
(1) Base Penalty Table I is to be
				  used for stewardship organizations and manufacturers.
(A) Identify what violations have
				  occurred.
(B) Identify the severity
				  of the violations.
(C) Establish
				  the possible range of the base penalty per violation based on the severity
				  levels described in paragraph (b).
Base Penalty Table I: For
								Stewardship Organizations and Manufacturers
Violation
Description of
							 Violation
Severity
PRC 42972(a)
Failure to submit, individually
							 or through a stewardship organization, a stewardship plan to the
							 Department
Level 3
PRC 42973(b)
Failure to resubmit a
							 stewardship plan within 60 days after receiving a notice of disapproval from
							 the Department
Level 1
14 CCR
							 18942(b)(2)
Failure
							 to resubmit a stewardship plan within 60 days after receiving a conditional
							 approval from the Department
Level 1
PRC 42972(e)
Failure to notify the Department
							 within 30 days after instituting a significant or material change to a
							 Department-approved stewardship plan
Level 2
PRC 42975
Failure to meet the goals included
							 in an organization's stewardship plan
Level 2
PRC 42976
Failure to submit, individually or
							 through a stewardship organization, an annual report to the
							 Department
Level 3
PRC 42976
Annual report does not contain
							 required elements
Level 2
PRC 42977(a)
Failure to pay an annual
							 administration fee to the Department
Level 3
PRC 42974(b)
Offering a carpet for sale or
							 for promotional purposes that is not subject to a Department-approved
							 stewardship plan
Level 3
PRC 42972(c)(3)(B)
Stewardship assessment is
							 not clearly visible on invoice or functionally equivalent billing document as a
							 separate line item
Level 1
PRC 42972(c)(3)(B)
Invoice or functionally
							 equivalent billing document is not accompanied by a brief description of the
							 stewardship assessment or a Department-approved label
Level 1
14 CCR 18946
Failure to meet record keeping requirements
Level 2
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18945.2 - Criteria to Impose a Civil Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing or reviewing the amount of civil penalty
					 imposed for a violation of this chapter, the department or the court shall
					 consider all the following:
(a) The
				  nature, circumstances, extent, and gravity of the violation(s).
(b) The number and severity of the
				  violation(s).
(c) Evidence that the
				  violation was intentional, knowing or negligent.
(d) The size of the violator.
(e) History of violation(s) of the same or
				  similar nature.
(f) The willfulness
				  of the violator's misconduct.
(g)
				  Whether the violator took good faith measures to comply with this chapter and
				  the period of time over which these measures were taken.
(h) Evidence of any financial gain resulting
				  from the violation(s).
(i) The
				  economic effect of the penalty on the violator.
(j) The deterrent effect that the imposition
				  of the penalty would have on both the violator and the regulated
				  community.
(k) Any other factor
				  that justice may require.
1. New
					 section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 4).
Note: Authority cited: Sections
						40502
						and
						42974,
						Public Resources Code. Reference: Section
						42978,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18945.3 - Procedure for Imposing Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil penalties may be administratively
				  imposed in accordance with the procedures outlined in the Administrative
				  Procedure Act at Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code with the exception of Government Code Section
				  11505(c).
(b) The accusation or complaint and all
				  accompanying documents may be served on the respondent by the following means:
(1) Personal service.
(2) Substitute service by using the same
				  service procedures as described in Section
				  415.20
				  of the Code of Civil Procedure.
(3)
				  Certified Mail: For respondents who have submitted a stewardship plan,
				  certified mail or registered mail if the letter containing the accusation or
				  complaint and accompanying material is mailed, addressed to the respondent at
				  the latest facility or mailing address(es) provided in the stewardship plan on
				  file with the Department. Any address provided in the stewardship plan may be
				  used for service of process. Proof of service of the accusation or complaint
				  shall be the certified mail receipts or registered mail receipts proving the
				  accusation or complaint and accompanying materials were sent to respondent by
				  certified mail or registered mail. For respondents who have not submitted or
				  are not required to submit a stewardship plan to the department, certified mail
				  or registered mail pursuant to the procedures indicated in the Administrative
				  Procedure Act at Section
				  11505(c)
				  of the Government Code applies.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18946 - Record Keeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each stewardship organization, manufacturer, wholesaler, or
					 retailer required to comply with Chapter 20 (commencing with Section
					 42970), Part 3, Division 30 of the
					 Public Resources Code shall:
(a)
				  Maintain records to support the requirements in this Article. Stewardship
				  organizations and manufacturers must maintain records to support Sections
				  18943 and
				  18944. Wholesalers and retailers
				  must maintain records on all carpet sold or offered for promotional purposes in
				  the state including:
(1) The manufacturer of
				  the carpet.
(2) The date(s) the
				  retailer ordered or purchased the carpet from the manufacturer.
(3) The date(s) the retailer sold or offered
				  the carpet for promotional purposes.
(4) Invoices or functionally equivalent
				  billing documents.
(5)
				  Certification letter(s) from the department if provided by a manufacturer to
				  demonstrate that carpet from the manufacturer is or was subject to a
				  department-approved stewardship plan.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18947 - Proprietary, Confidential, or Trade Secret Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The public disclosure of records supplied to the department
					 pursuant to this Article that are, at the time of submission, claimed to be
					 proprietary, confidential, or trade secret shall be subject to the disclosure
					 provisions in Title 14, California Code of Regulations, Division 7, Chapter 1,
					 Article 4 (commencing with Section
					 17041).
1. New
					 section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 4).
Note: Authority cited: Section
						6253,
						Government Code; and Sections
						40502
						and
						42972-
						42977.1,
						Public Resources Code. Reference: Sections
						6250 et seq., Government Code; and
						Sections
						40062
						and
						42323,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 1 - Product Stewardship for Carpets › Section 18948 - Service Payments to Department of Resources, Recycling and Recovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than
				  April 30 of each year, commencing in 2012, the department shall notify each
				  carpet stewardship organization that has submitted a carpet stewardship plan
				  which the department has approved the amount of the annual fee described in
				  Public Resources Code Section
				  42977,
				  subdivision (a). The fee shall reflect the department's actual annual costs to
				  administer and enforce this chapter for the period from May 1 of the prior year
				  through April 30 of the current year. For payments due in 2012, 2013 and 2014,
				  the fee shall also reflect the department's actual annual costs to develop
				  these regulations and the carpet stewardship program. The department's costs
				  shall include the cost of staff, overhead expenses applicable to staff,
				  contract services and any other expenses incurred in administering or enforcing
				  the program and in developing these regulations and the program.
(b) If the department approves or
				  conditionally approves, more than one stewardship plan for a fiscal year, the
				  fee shall be prorated equally among the carpet stewardship organizations
				  submitting approved or conditionally approved stewardship plans.
(c) The department will issue invoices to
				  each carpet stewardship organization to which this section applies by May 31 of
				  each year. Payment is due annually on July 1.
(d) The department's approval of a
				  stewardship plan shall be revoked if payment is not received by July 1. Plans
				  revoked for lack of payment may be reinstituted upon payment.
1. New
					 section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 4).
Note: Authority cited: Sections
						40502
						and
						42977,
						Public Resources Code. Reference: Section
						42977,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 2 - Architectural Paint Recovery Program › Section 18950 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Article is to clarify existing statute
					 and establish administrative procedures to efficiently and effectively
					 implement the department's responsibilities under the law and to provide a
					 uniform competitive business environment to all architectural paint
					 manufacturers pursuant to §
										48700
					 of the Public Resources Code (PRC).
1. New
					 article 2 (sections
					 18950-18958) and section filed
					 6-6-2012; operative 6-6-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 23).
Note: Authority cited: Sections
						40401
						and
						40502,
						Public Resources Code. Reference: Section
						48700,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 2 - Architectural Paint Recovery Program › Section 18951 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  otherwise noted, the definitions of this Article supplement and are governed by
				  the definitions set forth in Chapter 5 (commencing with §
										48700), Part 7, Division 30 of the
				  Public Resources Code:
(1) "Must" or "shall"
				  means a provision is mandatory.
(2)
				  "May" means a provision is permissive.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 2 - Architectural Paint Recovery Program › Section 18952 - Submittals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A corporate
				  officer, acting on behalf of an architectural paint manufacturer or stewardship
				  organization, shall submit as part of the stewardship plan the following
				  information:
(1) Contact information of the
				  corporate officer responsible for submitting stewardship plan and annual report
				  documents to the department and for overseeing paint stewardship program
				  activities, including, but not limited to:
(A)
				  Contact Name
(B) Title
(C) Name and Company or Stewardship
				  Organization
(D) Mailing
				  address
(E) Phone number
(F) E-mail address
(G) Web address, if
				  applicable
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 2 - Architectural Paint Recovery Program › Section 18955 - Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A civil penalty may be administratively imposed by the
					 department on any person who is in violation of any provision of this Article.
					 The responsible party or parties shall be determined by the department based on
					 the totality of the circumstances.
(a)
				  Any manufacturer offering architectural paint for sale in California or a
				  manufacturer or stewardship organization submitting a stewardship plan or
				  annual report to the department is subject to enforcement under this Article.
				  Architectural paint manufacturers are subject to penalties as a result of the
				  failure of their designated stewardship organization to comply with this
				  Article on their behalf.
(b)
				  Notwithstanding paragraph (a), an architectural paint manufacturer is not
				  subject to any penalty for failing to comply if that manufacturer can
				  demonstrate that it provided true and accurate information to the stewardship
				  organization and the stewardship organization failed to properly report this on
				  behalf of the manufacturer.
(c) A
				  stewardship organization is not subject to a penalty for failure to comply as a
				  result of submitting false or misleading information if it can demonstrate that
				  it received false or misleading information from an architectural paint
				  manufacturer that was the direct cause of its failure to comply with this
				  Article.
(d) Any manufacturer or
				  retailer that offers architectural paint for sale in the state is subject to
				  enforcement under this Article.
1. New
					 section filed 6-6-2012; operative 6-6-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 23).
Note: Authority cited: Sections
						40401 and
						40502 Public Resources Code.
						Reference: Sections
						48700,
						48702
						and
						48704,
						Public Resources Code.