reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 10 - Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery › Section 18991.1 - Jurisdiction Edible Food Recovery Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jurisdiction shall implement an edible
				  food recovery program that shall include the actions that the jurisdiction will
				  take to accomplish each of the following:
(1)
				  Educate commercial edible food generators as set forth in Section
				  18985.2.
(2) Increase commercial edible food generator
				  access to food recovery organizations and food recovery services.
(3) Monitor commercial edible food generator
				  compliance as required in Article 14 of this chapter.
(4) Increase edible food recovery capacity if
				  the analysis required by Section
				  18992.2 indicates that the
				  jurisdiction does not have sufficient capacity to meet its edible food recovery
				  needs.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 10 - Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery › Section 18991.2 - Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jurisdiction
				  shall include all documents supporting its compliance with Section
				  18991.1 in the Implementation
				  Record required by Section
				  18995.2 and shall also include at
				  a minimum:
(1) A list of commercial edible
				  food generators in the jurisdiction that have a contract or written agreement
				  with food recovery organizations or services pursuant to Section
				  18991.3(b).
(2) A list of food recovery organizations and
				  food recovery services in the jurisdiction and their edible food recovery
				  capacity.
(3) Documentation of the
				  actions the jurisdiction has taken to increase edible food recovery
				  capacity.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 10 - Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery › Section 18991.3 - Commercial Edible Food Generators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Tier One commercial edible food
				  generators shall comply with the requirements of this section commencing
				  January 1, 2022. Tier two commercial edible food generators shall comply with
				  the requirements of this section commencing January 1, 2024.
(b) Commercial edible food generators shall
				  arrange to recover the maximum amount of edible food that would otherwise be
				  disposed. A commercial edible food generator shall comply with the requirements
				  of this section through a contract or written agreement with any or all of the
				  following:
(1) Food recovery organizations or
				  services that will collect their edible food for food recovery.
(2) Food recovery organizations that will
				  accept the edible food that the commercial edible food generator self-hauls to
				  the food recovery organization for food recovery.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 10 - Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery › Section 18991.4 - Recordkeeping Requirements for Commercial Edible Food Generators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A commercial
				  edible food generator subject to the requirements in this article shall keep a
				  record that includes the following:
(1) A
				  list of each food recovery service or organization that collects or receives
				  its edible food pursuant to a contract or written agreement established under
				  Section 18991.3(b).
(2) A copy of contracts or written agreements
				  between the commercial edible food generator and a food recovery service or
				  organization.
(3) A record of the
				  following for each food recovery organization or service that the commercial
				  edible food generator has a contract or written agreement with pursuant to
				  Section 18991.3(b):
(A) The name, address and contact information
				  of the service or organization.
(B)
				  The types of food that will be collected by or self-hauled to the service or
				  organization.
(C) The established
				  frequency that food will be collected or self-hauled.
(D) The quantity of food collected or
				  self-hauled to a service or organization for food recovery. The quantity shall
				  be measured in pounds recovered per month.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 10 - Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery › Section 18991.5 - Food Recovery Services and Organizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A food recovery organization or service
				  that has established a contract or written agreement to collect or receive
				  edible food directly from commercial edible food generators pursuant to Section
				  18991.3(b) shall
				  maintain records specified in this section:
(1) A food recovery service shall maintain a
				  record of:
(A) The name, address and contact
				  information for each commercial edible food generator that the service collects
				  edible food from.
(B) The quantity
				  in pounds of edible food collected from each commercial edible food generator
				  per month.
(C) The quantity in
				  pounds of edible food transported to each food recovery organization per
				  month.
(D) The name, address and
				  contact information for each food recovery organization that the service
				  transports edible food to for food recovery.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 11 - Organic Waste Recycling Capacity Planning › Section 18992.1 - Organic Waste Recycling Capacity Planning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Counties, in coordination with
				  jurisdictions and regional agencies located within the county, shall:
(1) Estimate the amount of all organic waste
				  in tons that will be disposed by the county and jurisdictions within the county
				  by:
(A) Multiplying the percentage of organic
				  waste reported as disposed in the Department's most recent waste
				  characterization study by the total amount of landfill disposal attributed to
				  the county and each jurisdiction located within the county by the Recycling and
				  Disposal Reporting System; or
(B)
				  Using a waste characterization study or studies performed by jurisdictions
				  located within the county and applying the results of those studies to the
				  total amount of landfill disposal attributed to the county and each
				  jurisdiction located within the county by the Recycling and Disposal Reporting
				  System. Local studies may be used if the studies:
1. Were performed within the last five
				  years,
2. Include at least the same
				  categories of organic waste as the Department's most recent waste
				  characterization study that was available at the time the local study or
				  studies were performed, and,
3.
				  Include a statistically significant sampling of solid waste disposed by the
				  jurisdiction conducting the study.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 11 - Organic Waste Recycling Capacity Planning › Section 18992.2 - Edible Food Recovery Capacity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Counties, in coordination with
				  jurisdictions and regional agencies located within the county, shall:
(1) Estimate the amount of edible food that
				  will be disposed by commercial edible food generators that are located within
				  the county and jurisdictions within the county.
(2) Identify existing capacity at food
				  recovery organizations identified in Section
				  18982(a)(25)(A)-(B)
				  that is available to commercial edible food generators located within the
				  county and jurisdictions within the county.
(3) Identify proposed new or expanded food
				  recovery organizations and food recovery services that will be used to recover
				  edible food identified pursuant to Subdivision (a)(1).
(4) Identify the amount of new or expanded
				  capacity, if any, at food recovery organizations and food recovery services
				  that is necessary to recover the edible food that is estimated to be disposed
				  by commercial edible food generators in (a)(1).
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 11 - Organic Waste Recycling Capacity Planning › Section 18992.3 - Schedule for Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Counties, in coordination with
				  jurisdictions and regional agencies located within the county, shall conduct
				  the planning requirements of Sections
				  18992.1 and
				  18992.2, on the following
				  schedule:
(1) August 1, 2022 counties shall
				  report to the Department on the period covering January 1, 2022 through
				  December 31, 2024.
(A) Jurisdictions that are
				  exempt from the organic waste collection requirements pursuant to Section
				  18984.12, are not required to
				  conduct the capacity planning required in Section
				  18992.1 and are not required to
				  include capacity plans required by Section
				  18992.1 in the first reporting
				  period.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 12 - Procurement of Recovered Organic Waste Products › Section 18993.1 - Recovered Organic Waste Product Procurement Target

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided, commencing
				  January 1, 2022, a jurisdiction shall annually procure a quantity of recovered
				  organic waste products that meets or exceeds its current annual recovered
				  organic waste product procurement target as determined by this article. For the
				  purposes of this section, "jurisdiction" means a city, a county or a city and
				  county.
(b) On or before January 1,
				  2022, and on or before January 1 every five years thereafter, the Department
				  shall recalculate the annual recovered organic waste product procurement target
				  for each jurisdiction according to the requirements of Subdivision
				  (c).
(c) Each jurisdiction's
				  recovered organic waste product procurement target shall be calculated by
				  multiplying the per capita procurement target by the jurisdiction population
				  where:
(1) Per capita procurement target =
				  0.08 tons of organic waste per California resident per year.
(2) Jurisdiction population equals the number
				  of residents in a jurisdiction, using the most recent annual data reported by
				  the California Department of Finance.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 12 - Procurement of Recovered Organic Waste Products › Section 18993.3 - Recycled Content Paper Procurement Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jurisdiction shall procure paper
				  products, and printing and writing paper, consistent with the requirements of
				  Sections
				  22150-
				  22154
				  of the Public Contract Code.
(b) In
				  addition to meeting the requirements of Subdivision (a), paper products and
				  printing and writing paper shall be eligible to be labeled with an unqualified
				  recyclable label as defined in 16 Code of Federal Regulations (CFR) Section
				  260.12 as published January 1,
				  2013, which is hereby incorporated by reference.
(c) A jurisdiction shall require all
				  businesses from whom it purchases paper products and printing and writing paper
				  to certify in writing:
(1) The minimum
				  percentage, if not the exact percentage, of postconsumer material in the paper
				  products and printing and writing paper offered or sold to the jurisdiction.
				  The certification shall be furnished under penalty of perjury in a form and
				  manner determined by the jurisdiction. A jurisdiction may waive the
				  certification requirement if the percentage of postconsumer material in the
				  paper products, printing and writing paper, or both can be verified by a
				  product label, catalog, invoice, or a manufacturer or vendor Internet
				  website.
(2) That the paper
				  products and printing and writing paper offered or sold to the jurisdiction is
				  eligible to be labeled with an unqualified recyclable label as defined in
				  16 CFR Section
				  260.12 as published January 1, 2013, which is
				  hereby incorporated by reference.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 12 - Procurement of Recovered Organic Waste Products › Section 18993.4 - Recordkeeping Requirements for Recycled Content Paper Procurement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jurisdiction
				  shall include all documents supporting its compliance with this article in the
				  implementation record required by Section
				  18995.2 of this chapter including,
				  but not limited to, the following:
(1) Copies
				  of invoices, receipts or other proof of purchase that describe the procurement
				  of paper products by volume and type for all paper purchases.
(2) Copies of all certifications or other
				  verification required under Section
				  18993.3.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 13 - Reporting › Section 18994.1 - Initial Jurisdiction Compliance Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each jurisdiction shall report to the
				  Department on its implementation and compliance with the requirements of this
				  chapter. Each jurisdiction shall report to the Department by April 1, 2022 the
				  following information:
(1) A copy of
				  ordinances or other enforceable mechanisms adopted pursuant to this
				  chapter.
(2) The reporting items
				  identified in Section
				  18994.2(b).
(3) The following contact information:
(A) The name, mailing address, phone number,
				  and email address of the employee of the jurisdiction that the jurisdiction has
				  designated as the primary contact person for the purposes of receiving
				  communications regarding compliance with this chapter.
(B) The name and address of the agent
				  designated by the jurisdiction for the receipt of service of process from the
				  Department for the purposes of enforcement of this chapter if different from
				  (A) above.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 13 - Reporting › Section 18994.2 - Jurisdiction Annual Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jurisdiction shall report the
				  information required in this section to the Department according to the
				  following schedule:
(1) On or before October
				  1, 2022, a jurisdiction shall report for the period of January 1, 2022 through
				  June 30, 2022.
(2) On or before
				  August 1, 2023, and on or before August 1 each year thereafter, a jurisdiction
				  shall report for the period covering the entire previous calendar
				  year.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 14 - Enforcement Requirements › Section 18995.1 - Jurisdiction Inspection Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or before January 1, 2022, a
				  jurisdiction shall have an inspection and enforcement program that is designed
				  to ensure overall compliance with this chapter and that, at a minimum, includes
				  the following requirements:
(1) Beginning
				  January 1, 2022, and at least annually thereafter, a jurisdiction shall conduct
				  the following:
(A) If the jurisdiction is
				  using the compliance method described in Section
				  18984.1 or
				  18984.2 of this division, the
				  jurisdiction shall complete a compliance review of all solid waste collection
				  accounts for commercial businesses that are subject to its authority and that
				  generate two cubic yards or more per week of solid waste, including organic
				  waste.
1. The jurisdiction shall also
				  determine compliance with:
i. Organic waste
				  generator requirements set forth in Section
				  18984.9(a).
ii. Self-haul requirements set forth in
				  Section 18988.3, including whether a
				  business is complying through back-hauling organic waste.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 14 - Enforcement Requirements › Section 18995.2 - Implementation Record and Recordkeeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jurisdiction shall maintain all records
				  required by this chapter in the Implementation Record.
(b) The Implementation Record shall be stored
				  in one central location, physical or electronic, that can be readily accessed
				  by the Department.
(c) Upon request
				  by the Department, the jurisdiction shall provide access to the Implementation
				  Record within ten business days.
(d) All records and information shall be
				  included in the Implementation Record within 60 days of the creation of the
				  record or information.
(e) All
				  records shall be retained by the jurisdiction for five years.
(f) At a minimum, the following shall be
				  included in the Implementation Record:
(1) A
				  copy of all ordinances or other similarly enforceable mechanisms, contracts,
				  and agreements, as required by this chapter.
(2) A written description of the
				  jurisdiction's inspection and enforcement program that it uses to comply with
				  Sections 18995.1 and
				  18995.4.
(3) All organic waste collection service
				  records required by Section
				  18984.4.
(4) All contamination minimization records
				  required by Section
				  18984.6.
(5) All waiver and exemption records required
				  by Section
				  18984.14.
(6) All education and outreach records
				  required by Section
				  18985.3.
(7) All hauler program records required by
				  Section 18988.4.
(8) All jurisdiction edible food recovery
				  program records required by Section
				  18991.2.
(9) All recovered organic waste procurement
				  target records required by Section
				  18993.2.
(10) All recycled content paper procurement
				  records required by Section
				  18993.4.
(11) All inspection, route review, and
				  compliance review documents generated pursuant to the requirements of Section
				  18995.1(d).
(12) All records of enforcement actions
				  undertaken pursuant to this chapter.
(13) All records of complaints and
				  investigations of complaints required by Section
				  18995.3 and compliance with the
				  jurisdiction's inspection and enforcement requirements of Sections
				  18995.1.
(14) All records required by Section
				  18998.4 if the jurisdiction is
				  implementing a performance-based source separated organic waste collection
				  service under Article 17 of this chapter.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 14 - Enforcement Requirements › Section 18995.3 - Jurisdiction Investigation of Complaints of Alleged Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jurisdiction
				  shall provide a procedure for the receipt and investigation of written
				  complaints of alleged violations of this chapter. The jurisdiction shall allow
				  for the submission of anonymous complaints.
(b) The procedure shall provide that
				  complaints be in writing and include the following information:
(1) If the complaint is not anonymous, the
				  name and contact information of the complainant.
(2) The identity of the alleged violator, if
				  known.
(3) A description of the
				  alleged violation including location(s) and all other relevant facts known to
				  the complainant.
(4) Any relevant
				  photographic or documentary evidence to support the allegations in the
				  complaint.
(5) The identity of any
				  witnesses, if known.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 14 - Enforcement Requirements › Section 18995.4 - Enforcement by a Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With the exception of violations of the
				  prohibited container contaminants provisions in Section
				  18984.5(a), which
				  a jurisdiction shall enforce through the notice provisions of Section
				  18984.5(b), for
				  violations of this chapter occurring on or after January 1, 2024, the
				  jurisdiction shall take enforcement action as set forth in this section.
(1) The jurisdiction shall issue a Notice of
				  Violation requiring compliance within 60 days of the issuance of that
				  notice.
(2) Absent compliance by
				  the respondent within the deadline set forth in the Notice of Violation, the
				  jurisdiction shall commence an action to impose penalties pursuant to Article
				  16 of this chapter.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.1 - Department Evaluation of Jurisdiction Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall evaluate a
				  jurisdiction's compliance with this chapter as set forth in this
				  article.
(b) In conducting a
				  compliance evaluation, the Department shall review the jurisdiction's
				  Implementation Record and may conduct inspections, compliance reviews, and
				  route reviews.
(c) The Department
				  shall notify the jurisdiction prior to conducting a compliance
				  evaluation.
(d) The Department
				  shall provide its findings to the jurisdiction in writing.
(e) If the Department determines at any time
				  that an ordinance adopted by a jurisdiction is inconsistent with or does not
				  meet the requirements set forth in this chapter, the Department shall notify
				  the jurisdiction and provide an explanation of the deficiencies. The
				  jurisdiction shall have 180 days from that notice to correct the deficiencies.
				  If the jurisdiction does not, the Department shall commence enforcement actions
				  as set forth in Section
				  18996.2.
1. New
					 article 15 (sections
					 18996.1-18996.9) and section filed
					 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section
					 42652.2(a)(6)
					 (Register 2020, No. 45).
Note: Authority cited: Sections
						40502,
						43020,
						43021
						and
						42652.5,
						Public Resources Code. Reference: Section
						42652.5,
						Public Resources Code; and Section
						39730.6,
						Health and Safety Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.3 - Department Enforcement when Jurisdiction Fails to Enforce

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall take direct enforcement action against
					 an entity subject to a jurisdiction's enforcement authority under this chapter
					 consistent with the following requirements:
(a) If the jurisdiction fails to comply by
				  the deadline in a Notice of Violation, or extension thereto, issued under
				  Section 18996.2(a)(1) for
				  failure to take enforcement action as required by this chapter, the Department
				  shall take direct enforcement action against that entity pursuant to Section
				  18996.9 upon the Department's
				  compliance with Subdivision (b).
(b) Prior to initiating enforcement action
				  under Section
				  18996.9 against the entity, the
				  Department shall notify the jurisdiction in writing of its intent to do so and
				  shall include a general description of the grounds for the Department's
				  action.
(c) Nothing in this section
				  shall be construed as a limitation on the Department taking enforcement action
				  against the jurisdiction for a failure to comply with the requirements of this
				  chapter.
1. New
					 section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code
					 section
					 42652.2(a)(6)
					 (Register 2020, No. 45).
Note: Authority cited: Sections
						40502,
						43020,
						43021
						and
						42652.5,
						Public Resources Code. Reference: Section
						42652.5,
						Public Resources Code; and Section
						39730.6,
						Health and Safety Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.4 - Access for Inspection by the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon presentation of proper credentials,
				  an authorized Department employee or agent shall be allowed to enter the
				  premises of any entity subject to this chapter during normal working hours to
				  conduct inspections and investigations in order to examine organic waste
				  recovery activities, edible food recovery activities, and records in order to
				  determine compliance with this chapter. Methods may include, but are not
				  limited to, allowing the review or copying or both, of any paper, electronic,
				  or other records required by this chapter.
(1) This subdivision is not intended to
				  permit an employee or agent of the Department to enter a residential
				  property.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.5 - Enforcement Actions Against Organic Waste Generators Located in Multiple Jurisdictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In matters of substantial statewide
				  concern, where multiple jurisdictions determine that Department enforcement may
				  be more effective at achieving the intent of this chapter than separate
				  enforcement by each jurisdiction, multiple jurisdictions may, together, file a
				  joint enforcement referral under this section.
(b) The joint referral may request that the
				  Department take enforcement action in lieu of those jurisdictions against an
				  organic waste generator or generators, including a commercial edible food
				  generator or generators, with locations, at minimum, in each of those
				  jurisdictions.
(c) The joint
				  referral shall be filed with the director of CalRecycle and shall include:
(1) A statement of facts that includes a
				  description of the following:
(A) The
				  relevant locations of the organic waste generator or generators at
				  issue;
(B) The alleged violations
				  of this chapter, the locations of those violations, and the relevant regulatory
				  sections; and
(C) All evidence
				  known to the jurisdictions that supports the allegations in the statement of
				  facts.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.6 - Department Enforcement Action Regarding State Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Department finds that a state
				  agency is violating Article 5 or Article 10 of this chapter, then the
				  Department shall take the following actions:
(1) Issue a Notice of Violation requiring
				  compliance within 90 days of the date of issuance of that notice. The
				  Department shall grant an additional extension up to 180 days from the date of
				  issuance of the Notice of Violation if it finds that additional time is
				  necessary for the state agency to comply. The Department shall base its finding
				  on available evidence, including relevant evidence provided by the state
				  agency.
(2) If a state agency fails
				  to comply by the final deadline in a Notice of Violation, the Department shall
				  take the following actions:
(A) List the state
				  agency on the Organic Waste Recovery Noncompliance Inventory on the
				  Department's website until such time as the Department finds that the state
				  agency is no longer in violation.
(B) Notify the Governor.
(C) Notify the
				  Legislature.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.7 - Department Enforcement Action Regarding Local Education Agencies and Federal Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Department finds that a local
				  education agency or federal facility is violating this chapter, the Department
				  shall issue a Notice of Violation requiring compliance within 90 days. The
				  Department shall grant an additional extension up to 180 days from the date of
				  issuance of the Notice of Violation if it finds that additional time is
				  necessary for the local education agency or federal facility to comply. The
				  Department shall base its finding on available evidence, including relevant
				  evidence provided by the local education agency or federal facility. If the
				  local education agency or federal facility fails to comply with the final
				  deadline in a Notice of Violation, the Department shall list the local
				  education agency or federal facility on the Organic Waste Recovery
				  Noncompliance Inventory on its website until such time as the Department
				  determines that the local education agency or federal facility is no longer in
				  violation.
1. New
					 section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code
					 section
					 42652.2(a)(6)
					 (Register 2020, No. 45).
Note: Authority cited: Sections
						40502,
						43020,
						43021
						and
						42652.5,
						Public Resources Code. Reference: Section
						42652.5,
						Public Resources Code; and Section
						39730.6,
						Health and Safety Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.8 - Department Investigation of Complaints of Alleged Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  shall receive and investigate written complaints of alleged violations of this
				  chapter according to the requirements of this section.
(b) Complaints may be submitted anonymously,
				  shall be submitted in writing, and shall include the following information.
(1) If the complaint is not anonymous, the
				  name and contact information of the complainant.
(2) The identity of the alleged violator, if
				  known.
(3) A description of the
				  alleged violation including location(s) and all other relevant facts known to
				  the complainant.
(4) Any relevant
				  photographic or documentary evidence to support the allegations in the
				  complaint.
(5) The identity of any
				  witnesses, if known.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.9 - Department Enforcement Actions Against Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall take enforcement
				  action against the following entities pursuant to the requirements of this
				  section when a jurisdiction has failed to enforce this chapter as determined
				  under Section
				  18996.3, or lacks the authority to
				  enforce this chapter:
(1) Organic waste
				  generators, commercial edible food generators, haulers, and food recovery
				  organizations and services; and
(2)
				  A non-local entity that is not subject to Section
				  18996.6 or
				  18996.7.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 16 - Administrative Civil Penalties › Section 18997.1 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Administrative
				  civil penalties for violations of this chapter shall be imposed consistent with
				  the requirements of this Article as authorized by Public Resources Code Section
				  42652.5.
(b) A jurisdiction shall adopt ordinance(s)
				  or enforceable mechanisms to impose penalties as prescribed in Section
				  18997.2.
1. New
					 article 16 (sections
					 18997.1-18997.6) and section filed
					 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section
					 42652.2(a)(6)
					 (Register 2020, No. 45).
Note: Authority cited: Sections
						40502,
						43020,
						43021
						and
						42652.5,
						Public Resources Code. Reference: Sections
						41850
						and
						42652.5,
						Public Resources Code; and Section
						39730.6,
						Health and Safety Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 16 - Administrative Civil Penalties › Section 18997.2 - Penalty Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  jurisdiction shall impose penalties for violations of the requirements of this
				  chapter consistent with the applicable requirements prescribed in Government
				  Code Sections
				  53069.4,
				  25132 and
				  36900. The
				  penalty levels shall be as follows:
(1) For a
				  first violation, the amount of the base penalty shall be $50-$100 per
				  violation.
(2) For a second
				  violation, the amount of the base penalty shall be $100-$200 per
				  violation.
(3) For a third or
				  subsequent violation, the amount of the base penalty shall be $250-$500 per
				  violation.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 16 - Administrative Civil Penalties › Section 18997.3 - Department Penalty Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Penalties shall be imposed
				  administratively in accordance with the requirements set forth in this
				  section.
(b) Penalties, except for
				  violations specified in subdivision (d), shall be assessed as follows:
(1) A "Minor" violation means a violation
				  involving minimal deviation from the standards in this chapter, where the
				  entity failed to implement some aspects of a requirement but has otherwise not
				  deviated from the requirement. The penalties for this type of violation shall
				  be no less than five hundred dollars ($500) per violation and no more than four
				  thousand dollars ($4,000) per violation per day.
(2) A "Moderate" violation means a violation
				  involving moderate deviation from the standards in this chapter. A violation
				  which is not a minor violation or a major violation shall be a moderate
				  violation. The penalties for this type of violation shall be no less than four
				  thousand dollars ($4,000) per violation and shall be no more than seven
				  thousand five hundred dollars ($7,500) per violation per day.
(3) A "Major" violation means a violation
				  that is a substantial deviation from the standards in this chapter that may
				  also be knowing, willful or intentional or a chronic violation by a
				  recalcitrant violator as evidenced by a pattern or practice of noncompliance.
				  The penalties for this type of violation shall be no less than seven thousand
				  five hundred dollars ($7,500) per violation per day and no more than ten
				  thousand dollars ($10,000) per violation per day. For purposes of this
				  subsection, a major violation shall always be deemed to include the following
				  types of violations:
(A) A jurisdiction fails
				  to have any ordinance or similarly enforceable mechanism for organic waste
				  disposal reduction and edible food recovery.
(B) A jurisdiction fails to have a provision
				  in a contract, agreement, or other authorization that requires a hauler to
				  comply with the requirements of this chapter.
(C) A jurisdiction fails to have an edible
				  food recovery program.
(D) A
				  jurisdiction fails to have any Implementation Record.
(E) A jurisdiction implements or enforces an
				  ordinance, policy, procedure, condition, or initiative that is prohibited under
				  Sections 18990.1 or
				  18990.2.
(F) A jurisdiction fails to submit the
				  reports required in Sections
				  18994.1 and
				  18994.2.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 16 - Administrative Civil Penalties › Section 18997.4 - Organic Waste Recovery Noncompliance Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Department finds that a state
				  agency, local education agency, or federal facility has failed to meet the
				  final deadline in a Notice of Violation issued under this chapter, the
				  Department shall send a notice stating that the Department has placed the
				  respondent on the Organic Waste Recovery Noncompliance Inventory listed on its
				  website. The Department may remove the respondent from the Organic Waste
				  Recovery Noncompliance Inventory upon a finding, based on available evidence,
				  that the respondent is no longer in violation of this chapter.
1. New
					 section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code
					 section
					 42652.2(a)(6)
					 (Register 2020, No. 45).
Note: Authority cited: Sections
						40502,
						43020,
						43021
						and
						42652.5,
						Public Resources Code. Reference: Section
						42652.5,
						Public Resources Code; and Section
						39730.6,
						Health and Safety Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 16 - Administrative Civil Penalties › Section 18997.5 - Department Procedure for Imposing Administrative Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  shall commence an action to impose administrative civil penalties by serving an
				  accusation on a jurisdiction, person and/or entity, and a notice informing the
				  jurisdiction, person, and/or entity of their right to a hearing conducted
				  pursuant to Section
				  18997.6.
(b) The accusation and all accompanying
				  documents may be served on the respondent(s) by one of 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 or registered mail; or
(4) Electronically, with the consent of the
				  respondent(s).
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 16 - Administrative Civil Penalties › Section 18997.6 - Department Procedures for Hearings and Penalty Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hearing required under this chapter
				  shall be conducted by the director of the Department, or the director's
				  designee, in accordance with the informal hearing requirements specified in
				  Chapter 4.5 (commencing with Section
				  11400) of Part 1 of Division 3 of
				  Title 2 of the Government Code.
(b)
				  A penalty order issued under Section
				  18997.5 shall become effective and
				  final upon issuance thereof, and payment shall be due within 30 days of
				  issuance, unless otherwise ordered by the director or the director's designee.
				  A penalty order may be served by any method described in Section
				  18997.5(b).
1. New
					 section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code
					 section
					 42652.2(a)(6)
					 (Register 2020, No. 45).
Note: Authority cited: Sections
						40502,
						43020,
						43021
						and
						42652.5,
						Public Resources Code. Reference: Section
						42652.5,
						Public Resources Code; and Section
						39730.6,
						Health and Safety Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 17 - Performance-Based Source Separated Organic Waste Collection Service › Section 18998.1 - Requirements for Performance-Based Source Separated Collection Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
				  jurisdiction implements a performance-based source separated organic waste
				  collection service it shall:
(1) Provide a
				  three-container organic waste collection service consistent with Section
				  18984.1 (a), (b) and
				  (d)-(f) of this chapter to at least 90
				  percent of the commercial businesses and 90 percent of the residential sector
				  subject to the jurisdiction's authority.
(2) Transport the contents of the source
				  separated organic waste collection stream to a designated source separated
				  organic waste facility.
(3) Ensure
				  that the presence of organic waste in the gray container collection stream does
				  not exceed an annual average of 25 percent by weight.
(A) The annual average percent of organic
				  waste present in the gray container collection stream shall be determined by
				  the results of waste evaluations performed by the jurisdiction pursuant to
				  Section 18984.5.
(B) The annual average percent of organic
				  waste present in a jurisdiction's gray container collection stream is the
				  average of the results of the gray container waste collection stream samples
				  performed by the jurisdiction in the immediately previous four quarters
				  pursuant to Section
				  18984.5.
(4) Provide collection service to organic
				  waste generators subject to their authority. Consistent with Section
				  18984.1, a jurisdiction shall not
				  require commercial businesses or residents to request solid waste collection
				  service prior to enrollment.
(5)
				  Notify the Department pursuant to Section
				  18998.3.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 17 - Performance-Based Source Separated Organic Waste Collection Service › Section 18998.2 - Compliance Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a jurisdiction implements a
				  performance-based source separated collection service that meets the
				  requirements of Section
				  18998.1(a), the
				  jurisdiction shall not be subject to the following:
(1) The collection requirements in Sections
				  18984.2 and
				  18984.3.
(2) The container labeling requirements in
				  Section 18984.8, and waivers in Section
				  18984.11.
(3) The recordkeeping requirements in
				  Sections 18984.4, and
				  18984.14.
(4) The organic waste recovery education and
				  outreach requirements in Section
				  18985.1.
(5) The recordkeeping requirements in Section
				  18985.3 except as related to
				  edible food recovery education and outreach performed under Section
				  18985.2.
(6) The regulation of haulers in Article 7 of
				  this chapter.
(7) The jurisdiction
				  annual reporting requirements in Section
				  18994.2(c)(1)-(2), (d)-(f) and
				  (k).
(8) The jurisdiction inspection and
				  enforcement requirements in Sections
				  18995.1, except for the provisions
				  related to edible food generators and food recovery organizations and services
				  in that section.
(9) The
				  implementation record and recordkeeping requirements in Section
				  18995.2(f)(3)-(7).
				  Implementation Records requirements in Section
				  18995.2(f)(11)-(13)
				  shall only be required for inspections and enforcement related to edible food
				  generators and food recovery organizations and services.
(10) The jurisdiction investigation of
				  complaints of alleged violations requirements in Section
				  18995.3, except as it pertains to
				  entities subject to the edible food recovery requirements of Article 10 of this
				  chapter.
(11) The jurisdiction
				  enforcement requirements in Section
				  18995.4, except as it pertains to
				  entities subject to the edible food recovery requirements of Article 10 of this
				  chapter.