reglab/statecodes huggingface dataset:
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 18955.1 - 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 architectural paint 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
								Architectural Paint Manufacturers
Violation
Description
							 of
							 Violation
Severity
PRC 48702(b)(1)
Selling or offering for sale
							 in this state, to any person in this state, architectural paint that is not
							 covered under a department-approved stewardship plan or listed as a compliant
							 product on the department's website.
Level 3
PRC 48702(a) and 48703(a)
Failure to submit,
							 individually or through a stewardship organization, an architectural paint
							 stewardship plan to the department
Level 3
14 CCR
							 18952(b)(3)
Failure
							 to resubmit a stewardship plan or provide supplemental information within 60
							 days after receiving a notice of disapproval or conditional approval from the
							 department
Level 1
PRC 48704(c)
Failure to implement an
							 architectural paint stewardship program described in a department-approved
							 stewardship plan
Level 3
PRC 48704(e)
Failure to pay an annual
							 administration fee to the department
Level 3
PRC 48705(a)
Failure to submit, individually
							 or through a stewardship organization, an annual report to the
							 department
Level 3
PRC 48705(a)
Annual report does not contain
							 required elements
Level 2
14 CCR 18956
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 2 - Architectural Paint Recovery Program › Section 18955.2 - 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 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
						48704,
						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 18955.3 - 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 §
										11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code with the exception of Government Code §
										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 §
											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 §
											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 2 - Architectural Paint Recovery Program › Section 18956 - Record Keeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each stewardship organization, manufacturer, or retailer
					 required to comply with Chapter 5 (commencing with §
										48700, Part 7, 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 §
										18954. Retailers must provide
				  access to existing records on all architectural paint sold or offered for sale
				  in the state including:
(1) The manufacturer
				  of the paint.
(2) The date(s) the
				  retailer purchased the paint from the manufacturer.
(3) The date(s) the retailer sold the
				  paint.
(4) Certification letter(s)
				  from the department, if provided by a manufacturer, to demonstrate that paint
				  from the manufacturer is or was subject to a department-approved stewardship
				  plan. A retailer must provide access to a certification letter only if it is
				  being used as proof of compliance, pursuant to PRC §
											48702(c)(2),
				  that a manufacturer not listed on the department's internet website is in
				  compliance and may sell or offer for sale paint in
				  California.
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 18957 - Proprietary, Confidential, or Trade Secret Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 provisions in Title 14, California Code
					 of Regulations, Division 7, Chapter 1, Article 4 (commencing with §
										17041), and in PRC §
										48704(b).
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; and Section
						6253,
						Government Code. Reference: Sections
						48700,
						48702,
						48704,
						48705
						and
						48706,
						Public Resources Code; and Sections
						6250 et seq., Government
						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 18958 - Service Payments to Department of Resources Recycling and Recovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department
				  director, or his/her delegated authority, shall approve the annual
				  administrative fee described in Public Resources Code Section
				  48704,
				  subdivision (e) for the full administration and enforcement costs at a public
				  meeting that will occur no later than September 30, commencing in 2012. The fee
				  shall reflect the department's actual costs to administer and enforce this
				  chapter for the period from July 1 of the prior year through June 30 of the
				  current year. 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 this
				  regulation and the program. For payments due in 2012, the fee shall also
				  reflect the department's actual costs incurred in developing this regulation
				  and the program for the period from October 1, 2010 through June 30, 2011. The
				  department will provide unofficial staff estimates upon request prior to the
				  public meeting notification to assist a manufacturer or stewardship
				  organization with program budgetary planning, however, actual costs will not be
				  known until that public meeting.
(b) The department fee shall be prorated, if
				  there is more than one stewardship plan, by the number of approved or
				  conditionally-approved plans.
(c)
				  The department shall issue invoices to each manufacturer or stewardship
				  organization to which this section applies by September 30 each year. Payment
				  is due annually on October 31.
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,
						40502
						and
						48704,
						Public Resources Code. Reference: Sections
						48700,
						48703
						and
						48704,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18959 - 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 mattress manufacturers,
					 renovators, distributors, recyclers, and retailers pursuant to Chapter 21
					 (commencing with section
					 42985), Part 3, Division 30 of the
					 Public Resources Code.
1. New
					 article 3 (sections
					 18959-18971) and section filed
					 7-21-2015; operative 7-21-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 30).
Note: Authority cited: Sections
						40401
						and
						40502,
						Public Resources Code. Reference: Sections
						42985,
						42985.1,
						42986,
						42987,
						42987.1,
						42987.2,
						42987.3,
						42987.4,
						42987.5,
						42988,
						42988.1,
						42988.2,
						42989,
						42989.1,
						42989.2,
						42989.2.1,
						42989.3,
						42990,
						42990.1,
						42990.2,
						42991,
						42992,
						42993,
						42993.1,
						42993.2,
						42993.3,
						42993.4
						and
						42994,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18960 - 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 21 (commencing with section
				  42985), Part 3, Division 30 of the
				  Public Resources Code:
(b) "Brand"
				  means a name, term, symbol, design, type, Uniform Registry Number (URN) or any
				  other feature that attributes a mattress to the manufacturer or renovator of
				  such mattress.
(c) "Collection"
				  means any method by which a service provider receives used
				  mattresses.
(d) "Operational costs"
				  means costs to operate a mattress recycling organization's mattress recycling
				  program, including, but not limited to, collection, transportation, processing,
				  disposal, and education and outreach costs.
(e) "Significant or material change" includes
				  a change in a required element of the used mattress recovery and recycling plan
				  that affects the organization's costs or revenues, such as a change that
				  results in a modification of the recycling charge, a change that requires a
				  party other than the mattress recycling organization to make a major change in
				  how it participates in the program, or a change that reduces the goals set for
				  the organization in the existing approved recycling plan.
1. New
					 section filed 7-21-2015; operative 7-21-2015 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2015, No. 30).
Note: Authority cited: Sections
						40401
						and
						40502,
						Public Resources Code. Reference: Sections
						42985,
						42985.1,
						42986,
						42987,
						42987.1,
						42987.2,
						42987.3,
						42987.4,
						42987.5,
						42988,
						42988.1,
						42988.2,
						42989,
						42989.1,
						42989.2,
						42989.2.1,
						42989.3,
						42990,
						42990.1,
						42990.2,
						42991,
						42992,
						42993,
						42993.1,
						42993.2,
						42993.3,
						42993.4
						and
						42994,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18961 - Used Mattress Recovery and Recycling Plan Submittal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A corporate officer, acting on behalf of
				  a mattress recycling organization, shall submit as part of the used mattress
				  recovery and recycling plan (plan) the following information:
(1) Contact information of the corporate
				  officer responsible for submitting the plan to the department and for
				  overseeing used mattress recycling program activities, including, but not
				  limited to:
(A) Contact name
(B) Title
(C) Name of mattress recycling
				  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 3 - Used Mattress Recovery and Recycling Program › Section 18963 - Mattress Recycling Charge and Annual Budget

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A corporate officer, acting on behalf of
				  a mattress recycling organization, shall submit a used mattress recycling
				  program budget on or before July 1, 2015, and on or before July 1 annually
				  thereafter. The annual budget may be submitted electronically according to
				  instructions provided by the department. If the annual budget is submitted
				  electronically, the date of electronic submittal will be considered the date of
				  receipt by the department, provided that the organization also submits to the
				  department a hard copy submittal letter referencing the annual budget
				  electronic document with the signature of a corporate officer of a mattress
				  recycling organization.
(b) In
				  addition to the requirements of subdivisions (a), (b), and (c) of section
				  42988
				  of the Public Resources Code, the information submitted in the used mattress
				  recycling program budget shall contain the following:
(1) Contact information. Identify the
				  corporate officer of the mattress recycling organization responsible for annual
				  used mattress program budget submittal.
(2) Anticipated revenues and costs. Describe
				  anticipated revenues and costs of implementing the program, including related
				  programs, projects, contracts, and administrative expenses.
(3) Mattress recycling charge and
				  itemization. Identify the amount of the mattress recycling charge, including an
				  itemization of costs that each charge covers.
(4) For used mattress recycling program
				  budgets submitted on or by July 1, 2017 all actual expenses incurred to date
				  shall be included. For annual reports submitted thereafter, the previous two
				  years of actual expenses shall be included.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18965 - Used Mattress Recycler Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An annual report shall be submitted to
				  the department and the mattress recycling organization by a person that is
				  engaged in business as a used mattress recycler. The annual report may be
				  submitted electronically according to instructions provided by the department.
				  A hard copy, signed by a corporate officer of a mattress recycler shall be
				  submitted to the department upon request.
(b) The annual report shall contain the
				  following:
(1) Contact information. Identify
				  the corporate officer of the mattress recycler responsible for annual report
				  submittal.
(2) Quantitative
				  information on the number of used mattresses received from California sources
				  and out of state sources and recycled in the state during the preceding
				  calendar year. Conversion factor(s), if used, shall also be provided.
(3) Quantitative information on the number of
				  used mattresses from California sources and sent out of state for recycling or
				  other method of disposition.
(4)
				  Other information deemed necessary by the department that is reasonably related
				  to compliance with this chapter and that can be reasonably
				  compiled.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18966 - Used Mattress Renovator Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An annual report shall be submitted to
				  the department and the mattress recycling organization by a person that is
				  engaged in business as a used mattress renovator. The annual report may be
				  submitted electronically according to instructions provided by the department.
				  A hard copy, signed by a corporate officer of a mattress renovator shall be
				  submitted to the department upon request.
(b) The annual report shall contain the
				  following:
(1) Contact information. Identify
				  the corporate officer of the mattress renovator responsible for annual report
				  submittal.
(2) Quantitative
				  information on the number of used mattresses received from California sources
				  and out of state sources and renovated in the state during the preceding
				  calendar year. Conversion factor(s), if used, shall also be provided.
(3) Quantitative information on the number of
				  used mattresses generated in California and sent out of state for renovation or
				  other method of disposition.
(4)
				  Other information deemed necessary by the department that is reasonably related
				  to compliance with this chapter and that can be reasonably
				  compiled.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18967 - Solid Waste Facility Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An annual report shall be submitted by a
				  person that is engaged in business as an operator of a solid waste facility to
				  the department and the mattress recycling organization. The annual report may
				  be submitted electronically according to instructions provided by the
				  department. A hard copy, signed by a designated representative of a solid waste
				  facility shall be submitted to the department upon request.
(b) The annual report shall contain the
				  following:
(1) Contact information. Identify
				  the designated representative of the solid waste facility responsible for
				  annual report submittal.
(2) The
				  number of used mattresses disposed of at the site in the preceding calendar
				  year and the number of mattresses the facility recycled, renovated, or sent
				  away to be recycled or renovated in the preceding calendar year. Facility
				  operators are required to count, track, and report on each mattress they
				  observed during the normal operation of the facility. Facility operators are
				  not required to do additional sorting or processing to find a mattress that was
				  an incidental part of a load, or that could not be counted or observed upon
				  receipt.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18968 - Mattress Recycling Organization Advisory Committee Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An annual
				  report shall be submitted by a designee of the mattress recycling organization
				  advisory committee, established pursuant to subsection (3) of subdivision (a)
				  of section
				  42987
				  of the Public Resources Code to the mattress recycling organization no later
				  than 30 days prior to when the annual report is due to the department. The
				  annual report may be submitted electronically according to instructions
				  provided by the department. A hard copy, signed by a designated representative
				  of the advisory committee shall be submitted to the mattress recycling
				  organization.
(b) The annual report
				  shall contain the following:
(1) Contact
				  information. Identify the designated representative of the advisory committee
				  responsible for annual report submittal and each member of the advisory
				  committee, including member name and company/affiliation.
(2) A summary of the consultative process
				  between the advisory committee and the mattress recycling organization relating
				  to the ongoing implementation of the plan, as well as any other information
				  deemed pertinent by the advisory committee to maximize the recovery and
				  recycling of used mattresses in the state, per subdivision (k) of section
				  42990.1 the Public Resources
				  Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18969 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each mattress recycling organization, manufacturer,
					 renovator, retailer, recycler, and distributor required to comply with Chapter
					 21 (commencing with section
					 42985), Part 3, Division 30 of the
					 Public Resources Code shall:
(a)
				  Maintain records to support the requirements in this Article.
(1) Mattress recycling organizations shall
				  maintain records to support section
				  18962.
(2) Retailers, renovators, recyclers and
				  distributors shall provide access to existing records on all mattresses sold or
				  offered for sale in the state including:
(A)
				  The manufacturer of the mattress.
(B) The date(s) the retailer purchased the
				  mattress from the manufacturer.
(C)
				  The date(s) the retailer sold the mattress.
(D) Certification letter(s) from the
				  department, if provided by a manufacturer, to demonstrate that the mattress
				  from the manufacturer is or was subject to a department-approved mattress
				  recycling plan. A retailer shall provide access to a certification letter only
				  if it is being used as proof of compliance, pursuant to subdivision (b) of
				  section
				  42993
				  of the Public Resources Code that a manufacturer not listed on the department's
				  internet website is in compliance and may sell or offer for sale mattresses in
				  California.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18970 - 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 article, the department or the court shall
					 consider the totality of the circumstances, which may include, but is not
					 limited to, 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 7-21-2015; operative 7-21-2015 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2015, No. 30).
Note: Authority cited: Sections
						40401
						and
						40502,
						Public Resources Code. Reference: Sections
						42985,
						42986,
						42993,
						42993.1,
						42993.2
						and
						42993.3,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 3 - Used Mattress Recovery and Recycling Program › Section 18971 - 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 Article 10 of Chapter 4.5 (commencing with section
				  11445.10) of Part 1 of Division 3
				  of Title 2 of the Government Code.
(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 mattress recycling 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) on file with the department. 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
				  mattress recycling plan to the department, certified mail or registered mail
				  pursuant to the procedures indicated in the Administrative Procedure Act at
				  subdivision (c) of section
				  11505 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 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18972.2 - Criteria for Determining a Covered Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department shall identify the covered entity for any
					 covered products consistent with subdivision (f) of section
					 42030
					 of the Public Resources Code.
1. New
					 section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						40401,
						42031.2
						and
						40502,
						Public Resources Code. Reference: Section
						42030,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18973 - Document Submittals: Stewardship Plan, Initial Program Budget, Annual Report, and Annual Budget

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A stewardship plan, initial program budget, annual report,
					 annual budget, or any document associated with the foregoing that is submitted
					 to the department shall meet all the requirements outlined in subsections (a)
					 through (e) of this section:
(a) The
				  document is required to be in compliance with section
				  7405 of
				  the Government Code, and the Web Content Accessibility Guidelines 2.0 published
				  in 2008 by the Web Accessibility Initiative of the World Wide Web Consortium at
				  a minimum Level AA success criteria to allow for posting on the department's
				  website. The entirety of the Web Content Accessibility Guidelines 2.0
				  (published in 2008) are incorporated herein by reference.
(b) The document shall be submitted
				  electronically. The date of electronic submittal will be considered the date of
				  receipt by the department.
(c) Any
				  submittals to the department that the program operator believes are
				  confidential in nature shall include a cover letter explaining the
				  justification of confidentiality. Records supplied to the department pursuant
				  to this Article that are, at the time of submission, claimed to be proprietary,
				  confidential, or a trade secret shall be subject to the provisions in Title 14,
				  California Code of Regulations, Division 7, Chapter 1, Article 4 (commencing
				  with section
				  17041).
(d) The document shall be complete and
				  correct.
(e) The document shall be
				  provided to the department under penalty of perjury. A party, with signatory
				  authority, who is responsible for the contents of the document, shall sign the
				  document and provide the following certification statement: "I hereby declare,
				  under penalty of perjury, that the information provided in this document is
				  true and correct, to the best of my knowledge."
1. New
					 section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						40401,
						42031.2
						and
						40502,
						Public Resources Code. Reference: Sections
						42030,
						42032,
						42033.2
						and
						42036.4,
						Public Resources Code; Section
						7405,
						Government Code; and Section
						17041, California Code of
						Regulations.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18973.1 - Document Approvals: Stewardship Plan, Initial Program Budget, Annual Report, and Annual Budget

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A program operator that submits a stewardship plan, initial
					 program budget, annual report, or annual budget to the department shall meet
					 the following requirements:
(a) A
				  program operator submitting a stewardship plan, initial program budget, annual
				  report, or annual budget shall provide to the department, upon request and by
				  the requested deadline, clarifying information that is necessary to assist the
				  department in its consideration of completeness and/or approval.
(b) Within 30 days of the department's
				  receipt of a document, the department shall determine if a document is complete
				  or incomplete and notify the submitting program operator. The department shall
				  consider a document to be complete if it contains provisions intended to meet
				  each requirement in sections
				  18973,
				  18973.1,
				  18973.2,
				  18973.3,
				  18973.4,
				  18973.5,
				  18973.6,
				  18974,
				  18974.1,
				  18974.2, and
				  18974.3 of this Article, as
				  applicable to each document, and if it contains sufficient detail for the
				  department to determine if the requirements in the referenced sections have
				  been met.
(1) If the department determines
				  that the document is complete, the department shall have 90 days from the date
				  of original receipt of the document to approve, conditionally approve, or
				  disapprove the document.
(2) If the
				  department determines that the document is incomplete, the department shall
				  identify for the program operator the required additional information and the
				  program operator shall resubmit the document within 30 days of the department's
				  notification that the document is incomplete. If the department determines,
				  upon resubmittal, that the resubmitted document is complete, the department
				  shall have 90 days from the date of receipt of the resubmitted document to
				  approve, conditionally approve, or disapprove the resubmitted
				  document.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18973.2 - Stewardship Plan for Covered Drugs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within six months of the adoption date of the regulations
					 in this Article by the department, a program operator shall submit a
					 stewardship plan to the department. To be complete, the stewardship plan shall
					 include the following:
(a) Contact
				  information of the corporate officer, or designee, responsible for submitting
				  and overseeing the stewardship plan on behalf of the program operator,
				  including, but not limited to:
(1) Contact
				  name and title
(2) Name of program
				  operator
(3) Mailing and physical
				  address(es)
(4) Phone
				  number
(5) Email address
(6) Internet website
				  address
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18973.3 - Stewardship Plan for Home-Generated Sharps Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within six months of the adoption date of the regulations
					 in this Article by the department, a program operator shall submit a
					 stewardship plan to the department. To be complete, a stewardship plan for
					 home-generated sharps waste shall include the following:
(a) Contact information of the corporate
				  officer, or designee, responsible for submitting and overseeing the stewardship
				  plan on behalf of the program operator, including, but not limited to:
(1) Contact name and title
(2) Name of program operator
(3) Mailing and physical
				  address(es)
(4) Phone
				  number
(5) Email address
(6) Internet website
				  address
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18973.5 - Annual Report for Home-Generated Sharps Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On or before March 31, 2022, and each year thereafter, a
					 program operator shall prepare and submit an annual report to the department.
					 To be complete, the annual report shall describe how the program operator
					 complied with all elements of the stewardship plan during the previous
					 reporting period of one year and shall contain the following:
(a) Contact information pursuant to section
				  18973.3(a)
				  including any changes or updates to this information.
(b) Executive Summary. A concise summary of
				  the information contained in the report that includes, but is not limited to,
				  the highlights, outcomes and challenges, education and outreach efforts, and
				  ways in which challenges are being addressed.
(c) Collection System. Description of the
				  following:
(1) How ultimate users had an
				  opportunity to dispose of their home-generated sharps waste as described in the
				  approved stewardship plan
(2)
				  Amount of sharps waste containers and mail-back materials distributed as
				  required in the stewardship plan pursuant to section
				  18973.3(f)(6),
				  per county, through each of the following methods:
(A) Provided at point of sale
(B) Initiated at point of sale
(C) Website requests
(D) Toll-free telephone number
				  requests
(3) Amount of
				  home-generated sharps waste returned through the mail-back program, as required
				  in the stewardship plan pursuant to section
				  18973.3(f)(6)
(4) Supplemental collection method(s) of
				  home-generated sharps waste that were provided in addition to, but not in lieu
				  of, the mail-back program, pursuant to section
				  18973.3(f)(5).
				  Include a list of dates and locations of take-back events that occurred
				  pursuant to section
				  18973.3(f)(5)(B),
				  if applicable
(5) If applicable,
				  amount of home-generated sharps waste collected through supplemental collection
				  method(s), as required in the stewardship plan pursuant to section
				  18973.3(f)(7)
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18973.6 - Program Budgets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A program operator must submit an initial stewardship
					 program budget for the first five calendar years of operation and an annual
					 budget, pursuant to sections
					 42033 and
					 42033.2 of Chapter 2, Part 3,
					 Division 30 of the Public Resources Code. The initial stewardship program
					 budget that covers the first five calendar years of operation and the annual
					 program budgets shall contain at a minimum, the following information:
(a) Contact information of the corporate
				  officer, or designee, responsible for submitting and overseeing the program
				  budget on behalf of the program operator, including, but not limited to:
(1) Contact name and title
(2) Name of program operator
(3) Mailing and physical
				  address(es)
(4) Phone
				  number
(5) Email address
(6) Internet website
				  address
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18974 - Record Keeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each party required to comply with Chapter 2 (commencing
					 with section
					 42030, Part 3, Division 30 of the
					 Public Resources Code) shall:
(a)
				  Maintain records to support the requirements in this Article and Chapter 2 of
				  Part 3 of Division 30 of the Public Resources Code. Covered entities,
				  stewardship organizations, program operators, retail pharmacies and retail
				  pharmacy chains must maintain records to support compliance with this Article
				  and Chapter 2 of Part 3 of Division 30 of the Public Resources Code. Retail
				  pharmacies or retail pharmacy chains will maintain and provide access to
				  records required by this Article and Chapter 2 of Part 3 of Division 30 of the
				  Public Resources Code for a minimum of three years.
(b) Covered entities, stewardship
				  organizations, and program operators will maintain and provide access to
				  records required to be kept or submitted pursuant to this Article and Chapter 2
				  of Part 3 of Division 30 of the Public Resources Code for a minimum of three
				  years after submission of a document which relies upon those records.
(c) Retail pharmacies and retail pharmacy
				  chains that are participating in the stewardship program must provide access to
				  existing records on all covered products sold, offered for sale, or dispensed
				  in the state, including:
(1) The manufacturer
				  of the covered product(s).
(2) The
				  date(s) the retailer purchased the covered product(s) from the manufacturer,
				  distributor, and/or wholesaler.
(3)
				  The date(s) the retailer sold, offered for sale, or dispensed the covered
				  product(s).
(4) Certification
				  letter(s) from the department, pursuant to subdivision (b) of section
				  42035
				  of the Public Resources Code, if provided by a covered entity or stewardship
				  organization, to demonstrate that a particular covered product from the covered
				  entity or stewardship organization is or was subject to a department-approved
				  covered product stewardship plan. A retail pharmacy and retail pharmacy chain
				  must provide access to a certification letter only if it is being used as proof
				  of compliance, or to demonstrate that a covered entity or stewardship
				  organization not listed on the department's internet website is in
				  compliance.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18974.1 - Administrative and Operational Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each covered entity, either individually
				  or through a stewardship organization, shall pay all administrative and
				  operational costs associated with establishing and implementing the stewardship
				  program in which it participates, including the cost of collecting,
				  transporting, and disposing of covered products.
1. New
					 section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						40401,
						42031.2
						and
						40502,
						Public Resources Code. Reference: Sections
						42030,
						42034
						and
						42034.2,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18974.2 - Stewardship Organization Audits of Covered Entities or Authorized Collectors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a stewardship organization conducts an audit of covered
					 entities or authorized collectors pursuant to section
					 42034.4
					 of the Public Resources Code, the stewardship organization shall provide a copy
					 of the audit to the department within 30 days of its
					 completion.
1. New
					 section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						40401,
						42031.2
						and
						40502,
						Public Resources Code. Reference: Sections
						42030
						and
						42034.4,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18974.3 - Distributor, Wholesaler, Pharmacy, and Retailer Product Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  distributor, wholesaler, pharmacy, and retailer that sells, offers for sale, or
				  dispenses a covered product shall: successfully log onto the department's
				  internet web site to determine if covered products to be sold, offered for
				  sale, or dispensed are in compliance with the law, by verifying that the
				  covered entities providing the covered product(s) are in compliance with the
				  law.
(b) Should a distributor,
				  wholesaler, pharmacy, other retailer, or a designated responsible party for any
				  of the foregoing identify a noncompliant covered entity or stewardship
				  organization, the distributor, wholesaler, pharmacy, other retailer, or
				  designated responsible party for any of the foregoing shall report the
				  discovery to the department within 30 days.
1. New
					 section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						40401,
						42031.2
						and
						40502,
						Public Resources Code. Reference: Sections
						42030,
						42035,
						42035.2,
						42035.4,
						42035.6
						and
						42035.8,
						Public Resources Code.