reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 7 - Reusable Grocery Bags › Section 17988.1 - Scope and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article establishes an administrative certification
					 fee schedule and clarifies administrative procedures related to payments and
					 submittal and resubmittal of proofs of certification to the department as set
					 forth in sections
					 42281.5,
					 42282,
					 and
					 42282.1
					 of the Public Resources Code. These regulations are designed to facilitate the
					 process by which reusable grocery bag producers provide proof of certification
					 to the department and ensure that the required administrative certification fee
					 sufficiently covers the department's reasonable costs to implement its
					 responsibilities under the law pursuant to Chapter 5.3 (commencing with section
					 42280), Part 3, Division 30 of the
					 Public Resources Code.
1. New
					 article 7 (sections
					 17988.1-17988.7) and section filed
					 7-17-2019; operative 7-17-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 29).
Note: Authority cited: Sections
						40401
						and
						40502,
						Public Resources Code. Reference: Sections
						42281.5,
						42282
						and
						42282.1,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 7 - Reusable Grocery Bags › Section 17988.4 - Completeness Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The department shall review each proof of certification submitted or
				  resubmitted to the Reusable Grocery Bag Reporting System to determine if the
				  proof of certification is complete.
(1) For
				  purposes of this review, "complete" means that all of the documentation
				  required by sections
				  42281
				  and
				  42281.5
				  of the Public Resources Code has been submitted.
(2) Within 30 days of receipt, the department
				  shall notify a reusable grocery bag producer if the proof of certification is
				  complete or incomplete.
(3) If the
				  proof of certification is complete, the department shall add the name of the
				  reusable grocery bag producer and the name and type of bag to the Certified
				  Reusable Grocery Bags and Producers List.
(4) If a proof of certification is
				  incomplete, the department shall notify the reusable grocery bag producer and
				  describe the deficiencies in writing.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 7 - Reusable Grocery Bags › Section 17988.5 - Administrative Certification Fee Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The administrative certification fee
				  schedule shall be implemented using Tables 1-3 as follows:
(1) All reusable grocery bag producers who
				  submit proof of certification shall biennially pay a base fee, as follows:
(A) From July 2019 through June 2021, the
				  base fee shall be $12,000.
(B) From
				  July 2021 through June 2023, the base fee shall be $6,000.
(C) Beginning July 2023, the base fee shall
				  be $6,000.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 7 - Reusable Grocery Bags › Section 17988.6 - Procedures for Submitting Payment to the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All reusable grocery bag producers on the
				  Certified Reusable Grocery Bags and Producers List on July 1, 2019, shall pay
				  the administrative certification fee by July 31, 2019, in order to remain on
				  the list.
(b) A reusable grocery
				  bag producer not included on the Certified Reusable Grocery Bags and Producers
				  List that submits a proof of certification after July 1, 2019, shall pay the
				  administrative certification fee in effect at that time.
(c) All reusable grocery bag producers on the
				  Certified Reusable Grocery Bags and Producers List shall pay the administrative
				  certification fee on a biennial basis thereafter.
(d) A person submitting proof of
				  certification documentation shall use the Reusable Grocery Bag Reporting System
				  or other system designated by the department for making payments or for
				  providing other information required pursuant to this article.
(e) Reusable grocery bag producers shall
				  submit payment to the department. All financial transactions shall be reported
				  and recorded in currency of the United States of America ("dollars"). Where the
				  actual transaction is made in foreign currency it shall be converted to dollars
				  for reporting and recording at the prevailing exchange rate at the time of the
				  payment.
(f) Administrative
				  certification fee payments shall be deposited into the Reusable Grocery Bag
				  Fund by the department. Moneys in the fund shall be expended by the department
				  to implement Article 2 of Chapter 5.3 of Part 3, Division 30, of the Public
				  Resources Code, and may be used to make repayment to other funds that financed
				  startup costs of the department's activities pursuant to this
				  chapter.
(g) Reusable grocery bag
				  producers with delinquent accounts will be removed from the department's
				  Reusable Grocery Bag Reporting System and Certified Grocery Bags and Producers
				  List until fees are paid in full.
(h) Administrative certification fee payments
				  are not refundable.
(i) Failure to
				  comply with the requirements set forth in this article will result in immediate
				  removal of the reusable grocery bag producer from the department's Certified
				  Reusable Grocery Bags and Producers List, pursuant to subdivision (b) of
				  section
				  42282
				  of the Public Resources Code.
1. New
					 section filed 7-17-2019; operative 7-17-2019 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2019, No. 29).
Note: Authority cited: Sections
						40401
						and
						40502,
						Public Resources Code, Reference: 42280, 42281.5, 42282 and 42282.1, Public
						Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 7 - Reusable Grocery Bags › Section 17988.7 - Confidential and Proprietary Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department shall maintain the confidentiality of
					 information submitted to the department pursuant to the California Public
					 Records Act (Chapter 3.5 (commencing with section
					 6250) of Division 7 of Title 1 of
					 the Government Code), section
					 40062
					 of the Public Resources Code, and California Code of Regulations, Title 14,
					 Division 7, Chapter 1, Article 4 (commencing with section
					 17041).
1. New
					 section filed 7-17-2019; operative 7-17-2019 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2019, No. 29).
Note: Authority cited: Sections
						40401
						and
						40502,
						Public Resources Code. Reference: Sections
						42281.5
						and
						42282,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989.1 - List of Approved Food Service Packaging

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The List of Approved Food Service
				  Packaging shall be published on the department's website and shall include, at
				  a minimum, the following information for each food service packaging item:
(1) An indication that the department has
				  determined the food service packaging item to be reusable, recyclable, or
				  compostable, and to meet all applicable requirements of Sections
				  17989.2 through
				  17989.5.
(2) A description of the food service
				  packaging item, including the food service packaging types (e.g., plate, cup,
				  bowl, tray), item names, and sizes (e.g., dimensions, diameter,
				  volume).
(3) The materials used to
				  manufacture the food service packaging item (e.g., polyethylene terephthalate
				  (PET), PLA lined paperboard).
(4)
				  The name of the food service packaging manufacturer.
(5) The names of chemicals contained in the
				  food service packaging item, and their Chemical Abstract Service Registry
				  Numbers, that are included on the Proposition 65 list.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989.2 - Public Health and Litter Impacts Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Food service packaging items included on
				  the List shall satisfy all the following criteria to minimize public health and
				  litter impacts:
(1) A food service packaging
				  item that is subject to the Toxics in Packaging Prevention Act (Health and
				  Safety Code Sections
				  25214.11
				  through
				  25214.26)
				  shall not contain lead, mercury, cadmium, or hexavalent chromium, or any
				  "regulated metal" as described in subsection
				  17989.1(f) in an
				  amount that exceeds 100 parts per million by weight, as measured by the sum of
				  the total concentration levels of all such metals.
(2) The names of all chemicals included on
				  the Proposition 65 list that are used in the manufacturing of the food service
				  packaging item shall be disclosed to the department by the manufacturer seeking
				  to add the item to the List.
(3) A
				  food service packaging item made from plastic or fiber and that is recyclable
				  or compostable shall not contain PFASs. A food service packaging item shall be
				  deemed not to contain PFASs if its total fluorine concentration is not more
				  than 100 parts per million, as determined by combustion ion chromatography,
				  particle-induced gamma-ray emission spectroscopy, instrumental neutron
				  activation analysis, or other technique utilized by an ISO/IEC 17025:2017
				  accredited laboratory.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989.3 - Reusable Food Service Packaging Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A food service packaging item is
				  "reusable" and shall be included on the List if the department determines that
				  it meets the requirements of Section
				  17989.2 and satisfies either of
				  the following criteria:
(1) The item
				  maintains its shape, structure, and function after 780 cycles in a cleaning and
				  sanitizing process as defined in California Health and Safety Code Section
				  114101
				  and
				  114099.7,
				  respectively, as demonstrated by test results from an ISO/IEC 17025:2017
				  accredited laboratory; or
(2) The
				  manufacturer of the food service packaging item provides an express, written
				  warranty to purchasers of the item that it will remain reusable for its
				  intended purpose for a minimum of one year or else the manufacturer will take
				  back and replace the item at the manufacturer's expense.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989.4 - Recyclable Food Service Packaging Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A food service packaging item is
				  "recyclable" and shall be included on the List if the department determines it
				  meets the requirements of Section
				  17989.2 and satisfies all the
				  following criteria:
(1) The food service
				  packaging item shall be a minimum of two inches measured in at least two
				  dimensions (i.e., a minimum surface area of four inches).
(2) The food service packaging item shall not
				  contain additives that initiate or accelerate fragmentation.
(3) The food service packaging item satisfies
				  either of the following criteria:
(A) Prior
				  to January 1, 2026, the food service packaging item is comprised of materials
				  that are collected by at least 60 percent of recycling programs statewide, have
				  sufficient commercial value to be marketed for recycling, and are sorted and
				  aggregated into defined streams (e.g., mixed paper, PET) by at least 60 percent
				  of large volume transfer/processing facilities in the state. Effective January
				  1, 2026, the food service packaging item is comprised of materials that are
				  collected by at least 75 percent of recycling programs statewide, have
				  sufficient commercial value to be marketed for recycling, and are sorted and
				  aggregated into defined streams (e.g., mixed paper, PET) by at least 75 percent
				  of large volume transfer/processing facilities in the state.
(B) Prior to January 1, 2026, the food
				  service packaging item is included in a takeback program that, on an annual
				  basis, recovers at least 60 percent of the food service packaging items in the
				  program that are distributed at food service facilities. Effective January 1,
				  2026, the food service packaging item is included in a takeback program that,
				  on an annual basis, recovers at least 75 percent of the food service packaging
				  items in the program that are distributed at food service facilities. All food
				  service packaging items that are recovered by the takeback program shall have
				  sufficient commercial value to be marketed for recycling and be transported at
				  the end of their useful life to a transfer/processing or recycling facility to
				  be sorted and aggregated into defined streams (e.g., mixed paper, PET) for
				  recycling.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989.5 - Compostable Food Service Packaging Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A food service packaging item is
				  "compostable" and shall be included on the List if the department determines it
				  meets the requirements of Section
				  17989.2 and satisfies all the
				  following criteria:
(1) The food service
				  packaging item meets either of the following criteria:
(A) Prior to January 1, 2026, the food
				  service packaging item is comprised of materials that are regularly collected
				  for composting by at least 50 percent of organic waste recycling programs
				  statewide and accepted by at least 50 percent of the compost facilities in the
				  state that accept mixed materials. Effective January 1, 2026, the food service
				  packaging item is comprised of materials that are regularly collected for
				  composting by at least 75 percent of organic waste recycling programs statewide
				  and accepted by at least 75 percent of the compost facilities in the state that
				  accept mixed materials.
(B) Prior
				  to January 1, 2026, the food service packaging item is included in a takeback
				  program that, on an annual basis, recovers at least 50 percent of the food
				  service packaging items in the program that are distributed at food service
				  facilities. Effective January 1, 2026, the food service packaging item is
				  included in a takeback program that, on an annual basis, recovers at least 75
				  percent of the food service packaging items in the program that are distributed
				  at food service facilities. All food service packaging items that are recovered
				  by the takeback program shall be accepted at a compost facility at the end of
				  their useful life.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989.6 - Application Requirements and Submittal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a food service packaging manufacturer
				  seeks to add one or more food service packaging items to the List, an
				  application shall be submitted to the department demonstrating that each food
				  service packaging item or group of food service packaging items meets the
				  applicable requirements of Sections
				  17989.2 through
				  17989.5. The application shall
				  contain the following and be submitted electronically:
(1) Contact information
(A) Name and title of the person submitting
				  the application
(B) Company or
				  organization name
(C) Company or
				  organization mailing and physical addresses
(D) Phone number
(E) Email address
(F) Name of the manufacturer(s) of the food
				  service packaging item or group of items
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989.7 - Noncompliant Food Service Packaging

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On and after the date the List is
				  published pursuant to Section
				  42370.3
				  of the Public Resources Code, a food service facility shall not dispense
				  prepared food using food service packaging unless the food service packaging
				  item is on the List.
(b) A food
				  service facility may not use a food service packaging item unless the item is
				  on the List published by the department pursuant to Section
				  42370.3
				  of the Public Resources Code, except that a food service facility may use a
				  food service packaging item under any of the following conditions:
(1) The food service facility possessed that
				  specific inventory of food service packaging items before the date the List was
				  published.
(2) The food service
				  facility possessed that specific inventory of food service packaging items
				  before the item was removed from the List, and the item was on the List when
				  the food service facility took possession of the item.
(3) The food service facility acquired that
				  specific inventory of food service packaging items pursuant to a contract
				  entered into before the date the List was published.
(4) The food service facility acquired that
				  specific inventory of food service packaging items pursuant to a contract
				  entered into before the item was removed from the List, and the item was on the
				  List when the food service facility entered into the
				  contract.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989.8 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 60 days of a written request by the department, a
					 food service facility shall submit the following food service packaging item
					 purchasing records to the department: invoices or purchase orders that include
					 the dates the food service packaging items were purchased, the food service
					 packaging materials, the types of food service packaging purchased, the
					 manufacturers of the food service packaging items, and the number of food
					 service packaging items purchased.
1. New
					 section filed 12-6-2021; operative 12-6-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 50). 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,
						40502
						and
						42370.2,
						Public Resources Code. Reference: Section
						42370.5,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 1 - Authority › Section 17990 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These
				  regulations implement the Farm and Ranch Solid Waste Cleanup and Abatement
				  Grant Program, a grant program for local agencies for purposes of cleaning up
				  and abating the effects of solid waste that is illegally disposed of on farm or
				  ranch property. Regulations contained herein are promulgated pursuant to Public
				  Resources Code (PRC) Chapter 2.5 of Part 7 of Division 30.
(b) Notwithstanding any other provision, the
				  grant program shall be funded from the following funds:
(1) The Integrated Waste Management
				  Fund;
(2) The California Tire
				  Recycling Management Fund;
(3) The
				  California Used Oil Recycling Fund.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 2 - Definitions › Section 17991 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this Chapter:
(a) "Agreement" means the written document,
				  any amendment(s) and written change orders thereto, which is signed by the
				  Board or its designated representative and the grant recipient and which
				  defines the terms, provisions and conditions governing the grant.
(b) "Applicant" means a local agency,
				  resource conservation district, or Native American tribe applying for a grant
				  for cleanup and/or abatement administered by the California Integrated Waste
				  Management Board.
(c) "Board" means
				  the California Integrated Waste Management Board.
(d) "Farm and/or Ranch property" means a
				  piece of property, publicly or privately owned, that is used for rangeland or
				  agricultural activities such as, but not limited to commercial livestock and
				  crop production, horticulture, aquaculture, silviculture, floriculture,
				  vermiculture and viticulture. Farm or ranch property need not have active sales
				  or production but shall be appropriately zoned or otherwise authorized for
				  agricultural activities. Farm or ranch property includes appurtenant easements
				  or right-of-ways such as, but not limited to, public roads and
				  utilities.
(e) "Grant recipient or
				  grantee" means an applicant whose grant application has been awarded and who
				  has executed a grant agreement pursuant to Public Resources Code section
				  48101(c).
(f) "Illegal disposal site" means:
(1) A disposal site that is not permitted and
				  not exempt from obtaining a permit and is not a closed site as defined section
				  20164 of Title 27, Division 2 of
				  California Code of Regulations on which cleanup may be required to abate a
				  nuisance or protect public health and safety and/or the
				  environment.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 3 - Eligibility Requirements › Section 17992.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may award grants directly from the account to
					 local agencies. Grants shall be used to assist the Board in complying with
					 Public Resources Code section
					 48100
					 et seq.
1. New
					 article 3 (sections
					 17992.1-17992.4) and section filed
					 6-30-2000; operative 6-30-2000 pursuant to Government Code section
					 11343.4(d)
					 (Register 2000, No. 26).
Note: Authority cited: Sections
						48100,
						48101(a)
						and
						48103,
						Public Resources Code. Reference: Sections
						48100
						and
						48101(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 3 - Eligibility Requirements › Section 17992.2 - Funding Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grant funds may be used only for remedial
				  actions at illegal disposal sites or to reimburse qualifying property owners
				  for eligible costs incurred by remedial actions to their property.
(b) Grant funds may be used only for those
				  eligible remedial actions pursuant to section
				  17992.4.
1. New
					 section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 26).
2. Change without regulatory effect
					 amending subsection (a) filed 5-28-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 22).
Note: Authority cited: Sections
						48100,
						48101(b)
						and
						48103,
						Public Resources Code. Reference: Section
						48101(b),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 3 - Eligibility Requirements › Section 17992.3 - Site Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Candidate sites may be eligible for
				  funding only if:
(1) The site is an illegal
				  disposal site as defined in section
				  17991; and
(2) The site is on a farm and/or ranch
				  property as defined in section
				  17991; and
(3) The responsible party either cannot be
				  identified, located, or pay for timely and proper remediation; and
(4) Remedial action is required to protect
				  public health and safety and/or the environment, or to abate a nuisance;
				  and
(5) Neither the applicant nor
				  the private property owner was responsible for the illegal disposal of solid
				  waste on the farm or ranch property.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 3 - Eligibility Requirements › Section 17992.4 - Eligible and Ineligible Remedial Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Remedial actions that are appropriate for
				  the use of funds include, but are not limited to: waste removal and disposal
				  and related actions; drainage controls; grading; slope and foundation
				  stabilization; excavation, revegetation, recycling, and site security. Public
				  education to prevent reoccurrence of the illegal disposal is eligible for
				  funding only if included with any of the above eligible remedial
				  actions.
(b) Ineligible remedial
				  actions include, but are not limited to: closure as defined in Section
				  20164 of Title 27, Division 2 of
				  the California Code of Regulations; ground water remediation; operation and
				  maintenance of leachate, surface water, or vadose zone monitoring systems;
				  closure and postclosure maintenance services; improvements to property for
				  postclosure land uses; preparation of closure or postclosure maintenance plans;
				  removal, abatement, cleanup or otherwise handling of hazardous substances as
				  defined in the Comprehensive Environmental Response, Compensation, and
				  Liability Act of 1980 [42
				  U.S.C. section 9601(14)]
				  .
1. New
					 section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 26).
Note: Authority cited: Sections
						40502,
						48025,
						48100
						and
						48103,
						Public Resources Code. Reference: Sections
						40502
						and
						48025,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 4 - Grant Process › Section 17993.1 - Grant Application Filing Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application packages for grant funding shall be accepted on
					 a continual basis and will be reviewed, scored and ranked quarterly.
					 Application packages received by the Board on or before January 1, April 1,
					 July 1, and October 2 will be considered for award in the quarter commencing on
					 that date.
1. New
					 article 4 (sections
					 17993.1-17993.7) and section filed
					 6-30-2000; operative 6-30-2000 pursuant to Government Code section
					 11343.4(d)
					 (Register 2000, No. 26).
Note: Authority cited: Sections
						48100
						and
						48103,
						Public Resources Code. Reference: Section
						48100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 4 - Grant Process › Section 17993.2 - Grant Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Board shall not fund more than two hundred thousand dollars ($200,000) per
				  fiscal year for any applicant. If a grant is awarded to a joint powers
				  authority, the joint powers authority and all the cities and counties it
				  represents are limited to a maximum of two hundred thousand dollars ($200,000)
				  per fiscal year. No single cleanup or abatement project shall exceed fifty
				  thousand dollars ($50,000).
(b) The
				  Board shall not fund administrative costs of grantees, which exceed seven (7)
				  percent of the grant.
(c) The Board
				  or the Department of Finance may audit the recipient's records and/or any
				  contractor or subcontractor regarding moneys received pursuant to this
				  Article.
1. New
					 section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 26).
2. Change without regulatory effect
					 amending subsections (a) and (b) filed 5-28-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 22).
Note: Authority cited: Sections
						48100,
						48101(a)
						and
						48103,
						Public Resources Code. Reference: Section
						48101(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 4 - Grant Process › Section 17993.3 - Contents of the Grant Application Package

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complete application package for
				  cleanup and abatement work shall include, but is not limited to, all of the
				  following elements:
(1) A Farm and Ranch
				  Solid Waste Cleanup and Abatement Grant Application Cover Sheet, provided by
				  the CIWMB, (CIWMB 634) 02/03, See Appendix A;
(2) A copy of an adopted resolution from the
				  applicant's governing body, authorizing the submittal of the application and
				  identifying the title of the individual authorized to execute any agreements,
				  contracts and requests for payment to carry out the project;
(3) A description of the following:
(a) the need and overall objective of the
				  project(s),
(b) innovative programs
				  within the jurisdiction to discourage illegal dumping,
(c) any other funds available to cleanup the
				  site(s),
(d) any funds used in the
				  past to remediate problems at the site(s),
(e) the proposed method to evaluate the
				  success of the project, and
(f)
				  previous experience remediating similar sites;
(4) Site Characterization Form (CIWMB 635)
				  (02/03), (See Appendix A) for each site proposed for remediation
				  activities;
(5) A vicinity map
				  showing the location of each site;
(6) The existing zoning description and
				  designation for the parcel of each site proposed to cleanup;
(7) A signed and notarized affidavit or
				  letter from the property owner stating that they were not responsible for the
				  illegal dumping or degradation of the environment which the grant is proposing
				  to remediate;
(8) A statement that
				  a responsible party cannot be identified, or located, or can pay for timely and
				  proper remediation.
(9) A Work Plan
				  describing the proposed tasks needed to remediate each site, including
				  recycling activities, and an implementation schedule for the proposed tasks;
				  and
(10) A cost estimate for each
				  site which provides a task description, staffing information, duration of each
				  task, a per-hour-cost of each task as well as a total cost for the
				  project.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 4 - Grant Process › Section 17993.4 - Review of Grant Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Board staff shall review each grant
				  application package to verify that it is complete pursuant to section
				  17993.3 and meets the eligibility
				  requirements pursuant to Article 3 of this Chapter.
(b) If the application package is complete
				  and indicates eligibility it will be reviewed and evaluated by the Board based
				  on criteria set forth in sections
				  17993.5.
(c) The Board shall notify the applicant
				  within twenty days (20) of receipt if the application package is determined to
				  be incomplete. The Board may request additional information related to the
				  grant application required by section
				  17993.3. The applicant will have a
				  minimum of ten (10) working days, or an additional time period specified by the
				  Board in writing, to submit the requested information to the Board. If the
				  specified timeframe is not met, the application will be disqualified from
				  consideration for a grant during the current grant cycle.
(d) The Board shall notify the applicant
				  within fifteen days (15) from the date that the application is deemed complete
				  if the application package does not meet the eligibility requirements. Written
				  notice of the reason for ineligibility will be sent to the applicant.
1. New
					 section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 26).
Note: Authority cited: Sections
						48100,
						48101
						and
						48103,
						Public Resources Code. Reference: Section
						48103,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 4 - Grant Process › Section 17993.5 - Grant Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The criteria listed below will be used to evaluate each
					 complete application.
(a) Demonstrated
				  the need for the project.
(b)
				  Measurable goals and objectives in the Work Plan.
(c) Descriptions by task of the activities to
				  be undertaken to achieve the objectives.
(d) Description of a method to evaluate the
				  success of the project and determine whether objectives were
				  accomplished.
(e) Demonstration
				  that the project is cost effective. Preference will be given to applicants who
				  use cost savings, such as, use of volunteer labor, in-kind services, and
				  recycling options.
(f) Detail that
				  expenses are reasonable with all program elements are itemized in the
				  budget.
(g) Present complete and
				  clear proposal setting forth deadlines and evidence that applicant or its
				  contractor have sufficient staff resources, technical expertise, and experience
				  managing grant programs.
(h) The
				  quality, cost-effectiveness and innovation of the applicant's programs designed
				  to discourage illegal waste disposal and to encourage the proper waste disposal
				  in permitted solid waste disposal facilities.
(i) The level of health and safety threats or
				  environmental concerns and public nuisance described in the
				  application.
(j) The environmental
				  soundness and practicality of the proposal.
(k) The maximization of available
				  funds.
(l) The applicant's ability
				  to adequately remediate the site with available funds.
(m) The availability of other funds to
				  cleanup the site.
(n) Evidence of a
				  green procurement policy, requiring applicants to use recycled content
				  products, recycled or reusable products, or engage in other waste reduction
				  activities where appropriate and feasible.
1. New
					 section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 26).
2. Change without regulatory effect
					 amending subsections (h) and (l) filed 5-28-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 22).
Note: Authority cited: Sections
						48100,
						48102
						and
						48103,
						Public Resources Code. Reference: Section
						48103,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 4 - Grant Process › Section 17993.6 - Local Agency Grant Agreement for Cleanup

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Board approves the grant award,
				  the grant recipient and the Board shall enter into a written grant agreement
				  which contains a description of the project(s) as approved, and which
				  identifies and ensures compliance with this chapter and which incorporates all
				  standard terms and conditions required of state agency agreements.
(b) Payment for work performed by the grantee
				  will be made only after the following conditions have been met and approved by
				  the Board:
(1) completion of the site
				  remedial action as proposed, and
(2) submission of a report on the types and
				  quantities of waste disposed and recycled, and the costs associated with
				  disposal, recycling, equipment and labor.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 4 - Grant Process › Section 17993.7 - Grant Agreement for Reimbursements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A grant agreement for reimbursement to a property owner
					 shall include all elements of 17993.6 except for (b) and (c). In addition, the
					 following shall be included:
(a)
				  Payment shall be made only after the site has been fully remediated
(b) The grantee shall disperse the funds,
				  within sixty days (60) of receipt, to the property owner.
1. New
					 section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 26).
2. Change without regulatory effect
					 amending section heading and subsection (b) filed 5-28-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 22).
Note: Authority cited: Sections
						48100
						and
						48103,
						Public Resources Code. Reference: Section
						48101,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 5 - Property Owner Grant Application Request › Section 17994.1 - Request Process for Cleanup

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A farm or ranch property owner may
				  initiate the process for a grant application by submission of the following
				  information to the applicant for consideration:
(1) A letter requesting that the applicant
				  apply for a grant under this Chapter on the farmer's or rancher's behalf. The
				  letter shall include the name, mailing address and phone number of the property
				  owner and the approximate type and quantity of waste disposed on the property;
				  and
(2) A vicinity map showing the
				  location of each site and access points to the parcel of each site being
				  requested for cleanup or reimbursement under the grant.
(3) A signed and notarized affidavit or
				  letter from the property owner stating that they were not responsible for the
				  illegal dumping or degradation of the environment which the grant is proposing
				  to remediate.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 5 - Property Owner Grant Application Request › Section 17994.2 - Request Process for Reimbursement of Prior Cleanups

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A farm or ranch property owner may initiate the process for
					 a grant application for reimbursement of prior cleanups. If the owner requests
					 reimbursement, the owner shall apply pursuant to 17994.1 and include the
					 following information:
(1) A
				  description of the tasks taken to remediate the site, including the total
				  amount of material removed, types and quantities of waste disposed and
				  recycled, and photographs of the project; and
(2) The cost and receipts associated with
				  each task in remediating the site, including costs associated with disposal,
				  recycling, equipment and labor.
1. New
					 section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 26).
Note: Authority cited: Sections
						48100
						and
						48103,
						Public Resources Code. Reference: Sections
						48100
						and
						48103,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4.5 - Farm and Ranch Solid Waste Cleanup and Abatement Grant Program › Article 5 - Property Owner Grant Application Request › Section 17994.3 - Property Owner Appeal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the applicant determines that the
				  property owner is responsible for the illegal waste disposal, the property
				  owner may appeal the decision to the governing body with jurisdiction over the
				  applicant.
(b) The property owner
				  shall submit an appeal to the governing body within fifteen (15) days of
				  receipt of determination of responsibility.
(c) The appeal shall describe the factual
				  basis for the appeal and shall include all relevant documentation.
(d) The governing body shall determine
				  whether or not to overturn the applicant decision within forty-five (45) days
				  of receipt.
1. New
					 section filed 6-30-2000; operative 6-30-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 26).
2. Change without regulatory effect
					 amending section filed 5-28-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 22).
Note: Authority cited: Sections
						48100
						and
						48103,
						Public Resources Code. Reference: Section
						48100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 1 - Definitions and General Provisions › Section 18010 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This chapter is
				  adopted pursuant to and for the purpose of implementing the California
				  Integrated Solid Waste Management Act of 1989 (ACT) commencing with Section
				  40000
				  of the Public Resources Code (PRC), as it may be amended from time to time.
				  These regulations should be read together with the Act.
(b) This Chapter implements those provisions
				  of the Act relating to solid waste facilities and disposal sites, and
				  application of minimum standards for solid waste handling and disposal (Chapter
				  3 of this Division, and 27 CCR Division 2, Subdivision
				  1 (§
										20005 et seq.)) to such
				  facilities. Nothing in this chapter is intended to limit the authority of the
				  enforcement agency or the board to enforce the minimum standards as they apply
				  to collection, storage, and removal of solid wastes pursuant to the provisions
				  of Sections
				  43209
				  and
				  43300
				  of the Public Resources Code (PRC). Nothing in this Chapter is intended to
				  limit the authority of the state or local health agencies.
1. Amendment
					 filed 12-17-91; operative 12-17-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
2. Amendment of chapter 5 heading filed
					 10-11-96; operative 10-11-96 pursuant to Government Code section
					 11343.4(d)
					 (Register 96, No. 41).
3. Change without regulatory effect amending
					 subsection (b) filed 3-8-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
Note: Authority cited for Chapter 5 (Sections
						18010-18354, not consecutive):
						Sections
						40502,
						43020,
						43200
						and
						43214,
						Public Resources Code (PRC). Reference: Sections
						43200-
						45601,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 1 - Definitions and General Provisions › Section 18012 - Mailing and Delivery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided in this chapter, any
					 requirement of this chapter that a document be transmitted, delivered,
					 provided, or sent to any person shall be satisfied in one of the following
					 ways: by personal delivery to the person, by personal delivery to an address
					 the person has given, or by first class United States mail, postage prepaid, to
					 an address the person has given.
1. Amendment
					 of NOTE filed 12-17-91; operative 12-17-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
Note: Authority cited: Sections
						40502,
						43020,
						43200
						and
						43214,
						Public Resources Code. Reference: Sections
						43200-
						45601,
						Public Resources Code.