CCLME.ORG - DIVISION 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD

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(ii) A letter of notification to the Board within two days of the date you conclude that the use requirements will not be met. The Board may conduct TAPPI tests, identified in section 17964 -Table Two of this Article, to assist you in substantiating your claim. If testing is required, the Board shall inform you of proper shipping and handling procedures for the samples based on the provisions of the particular test to be used.
3. If you are a commercial publisher, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the quoted delivery times which you are claiming were unreasonable.
If you are a commercial printer, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the calculations used to establish your reasonable delivery time for that grade of newsprint and the quoted delivery times which you are claiming were unreasonable.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42760 and 42773, Public Resources Code.

s 17974. Penalties.
What can happen to me if I make a false or misleading certification or I do not comply with the statutory requirements?
(a) Any person who does not comply with the statutory requirements for this program may be found guilty of an infraction, and/or may be subject to civil penalties. The Board may assess civil penalties of up to $1,000 per violation, subject to notice and hearing.
(b) Late filers and non-filers of Newsprint Consumer Certifications (Form 430) shall be subject to the graduated penalty structure below:
1. Any Consumer of Newsprint who files a certification at least 45 days late will be assessed a $500 civil penalty.
2. Any Consumer of Newsprint who files a certification more than 90 days late and/or fails to file will be assessed a $1,000 civil penalty.
(c) Any civil penalties assessed against a late or non-filer of the Form 430 shall be assessed by the Executive Director.
(d) A Consumer of Newsprint may appeal the penalty assessed above to the full Board within ten (10) working days of receipt of the Notice of Penalty. This appeal must be made in writing and must be addressed to the Executive Director of the Board. The Executive Director shall calendar the appeal for hearing by the Board within thirty (30) days of receipt of the written notification by the Consumer of Newsprint.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42790 and 42791, Public Resources Code.

s 17975. Regulatory Effect of Questions and Answers.
(a) What is the regulatory effect of the questions and answer format? Both the question and answer in each section have regulatory effect for purposes of implementation and enforcement. In addition to the regulations in this Article, statutory provisions contained in Sections 42290 through 42297 of the Public Resources Code (PRC) govern the Recycled Content Trash Bag Program.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Section 42291, Public Resources Code.

s 17976. Purpose and Definitions.
(a) What is the purpose of these regulations? These regulations explain the requirements for each manufacturer and wholesaler of trash bags and each supplier of recycled plastic postconsumer material (RPPCM) which is used to manufacture trash bags which are intended for sale or distribution in California. Also included are procedures manufacturers and wholesalers of trash bags and suppliers of recycled plastic postconsumer material (RPPCM) must follow to meet reporting and certification requirements. These regulations pertain to plastic trash bags which are intended for sale or distribution, or which are sold within California to recycled plastic postconsumer material (RPPCM) used to manufacture plastic trash bags which are sold or intended for sale or distribution in California and other plastic products manufactured by a plastic trash bag manufacturer intended for sale in California.
(b) Definitions. The following definitions, and the definitions found in Public Resources Code section 42290 apply to the regulations in this Article.
(1) "Actual postconsumer material (APCM)" means the weight, in pounds, of the postconsumer material used in a feedstock to manufacture trash bags. For example, the weight of actual postconsumer material in 1000 pounds of 100% postconsumer material feedstock would be 1000 pounds. However, the weight of APCM in 1000 pounds of resin blended from 70% postconsumer material and 30% non-postconsumer material would be 700 pounds (1000 x 0.70 = 700).
(2) "Annual aggregate use" is the sum of all actual postconsumer material (APCM) used to manufacture plastic products, either just the plastic trash bags or all of a manufacturer's plastic products that are used as a basis for compliance pursuant to section 17979. For example, if the manufacturer chooses section 17979(a)(1)(A)1 to show compliance, and if 10 million pounds of regulated trash bags are intended for sale in California, at least 1 million pounds APCM must be used to manufacture plastic trash bags intended for sale in California during that reporting period. Furthermore, the APCM may be used in some plastic trash bags and not in others so long as the cumulative use of APCM in plastic trash bags intended for sale in California exceeds 1 million pounds for the reporting period. If the manufacturer uses section 17979(a)(1)(A)2 to show compliance and 10 million pounds of regulated trash bags and 90 million pounds of other plastic products were manufactured and intended for sale in California, at least 30 million pounds (0.30 x (10+90) = 30) APCM must be used to manufacture all of those products during that reporting period.
(3) "Authorized certification signature" means the signature of any one of the following persons who has been designated by the entity to sign a certification on its behalf:
For a corporation -A responsible corporate officer or manager authorized to make management decisions which govern the operation of the certifying facility.
For a partnership or sole proprietorship -The general partner or sole proprietor.
For a government agency -Either the principal executive officer or a designated elected official who is authorized to obligate the entity for purposes of this certification.
(4) "The Board" means the California Integrated Waste Management Board.
(5) "Manufacturer" means a person who manufacturers plastic trash bags for sale in this state. This includes persons who produce plastic trash bags or convert plastic film into trash bags for sale in this state.
(6) "May" means a provision is permissive.
(7) "Must" means a provision is mandatory.
(8) "Plastic trash bag" means a bag that is manufactured for intended use as a container to hold, store, or transport materials to be discarded, composted, or recycled, including, but not limited to, garbage bags, composting bags, lawn and leaf bags, can-liner bags, kitchen bags, compactor bags, and recycling bags.
A plastic trash bag does not include a grocery sack or any other bag that is manufactured for intended use as a container to hold, store, or transport food.
A plastic trash bag does not include any plastic bag that is used for the purpose of containing either of the following wastes:
(a) "Hazardous waste," as defined in Section 25117 of the Health and Safety Code.
(b) "Medical waste," as defined in Section 25023.2 of the Health and Safety Code.
(9) "Postconsumer material" means a finished product which would normally be disposed of as a solid waste, having completed its intended end-use and product life cycle. "Postconsumer material" does not include manufacturing and fabrication scrap.
(10) "Proximate prior usage" means the collected finished product which the postconsumer material was derived from prior to its being processed into recycled plastic postconsumer material for use in a recycled content trash bag. For example, the proximate prior usage of the postconsumer material may have been, dry-cleaner bags, grocery or produce bags, agricultural film, or stretch wrap.
(11) "Recycled plastic postconsumer material (RPPCM)" means a plastic feedstock which is used to manufacture trash bags which contain postconsumer material. RPPCM may contain any amount (1-100%) of postconsumer material; however, compliance will be determined based on the APCM content of the trash bags.
(12) "Regulated bags" means plastic trash bags, as defined, intended for sale in California, which are at or above 0.70 mil thickness.
(13) "Reporting Period" is from January 1 through December 31 of any calendar year.
(14) A "shipment" is defined as any quantity of trash bags or recycled plastic postconsumer material, regardless of mode of transportation, which is accompanied by an invoice, bill of lading, shipment order, or other evidence of shipment.
(15) A "Supplier" means any person who provides recycled plastic postconsumer material (RPPCM) to a manufacturer of plastic trash bags.
(16) "Wholesaler" means any person who purchases plastic trash bags from a manufacturer for resale in this state. This includes all persons who sell or resell regulated plastic trash bags to retailers, distributors, commercial or industrial users, or governmental entities in California.

Note: Authority cited: Section 40502 and 42297, Public Resources Code. Reference: Sections 42290 and 42291, Public Resources Code.

s 17977. Who Must Comply With These Regulations?
(a) Who must comply with these regulations? You must comply with these regulations if you are:
(1) A manufacturer or wholesaler of regulated trash bags, or
(2) A supplier of RPPCM who sells material to a manufacturer of regulated trash bags.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292, 42293 and 42294, Public Resources Code.

s 17978. Who Must Certify?
Trash bag manufacturers and wholesalers of trash bags must certify annually to the Board on Board-supplied form CIWMB 57 "Plastic Trash Bag Manufacturer Certification" and form CIWMB #58 "Plastic Trash Bag Wholesaler Certification", respectively, which are described in Sections 17979 and 17979.5, and which are incorporated herein by reference. Suppliers of RPPCM must certify annually to the regulated trash bag manufacturers to whom they sell material. The supplier certification form will not be provided by the Board.
(a) Annual Aggregate Certification Requirements for Manufacturers of Trash Bags -
If you are a manufacturer of regulated trash bags, you must comply with the requirements described in Public Resources Code (PRC) sections 42291, 42292 and 42293. You must annually submit to the Board a completed Trash Bag Manufacturer Certification Form #57 on or before March 1 (to cover the preceding reporting period) of each year.
(b) Certification Requirements for Wholesalers of Trash Bags -
If you are a wholesaler of trash bags, you must comply with the requirements described in PRC section 42294. You must annually submit to the Board a completed Wholesaler of Trash Bag Certification Form #58 on or before March 1 (to cover the preceding reporting period) of each year.
(c) Certification Requirements for Suppliers of RPPCM -
If you are a supplier of RPPCM who sells material to a manufacturer of regulated trash bags, you must annually provide each manufacturer with the information described in PRC section 42292 and in Section 17980 of this Article. This report is due to each regulated trash bag manufacturer to whom you supplied RPPCM by February 1, (to cover the preceding reporting period) of each year.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292 and 42293, Public Resources Code.

s 17979. Requirements for Manufacturers of Regulated Trash Bags.
(a) Manufacturers of Regulated Trash Bags -
(1) I am a manufacturer of regulated trash bags. What must I do to comply with these regulations? To comply with these regulations, you must:
(A) Certify to the Board by March 1 of each year one of the following:
1. That you met the annual aggregate use requirements that plastic trash bags intended for sale in California contained APCM equal to at least 10 percent by weight of the regulated trash bags.
2. That you met the annual aggregate use requirement that 30 percent of the weight of the material used in all of your plastic products intended for sale in California is APCM.
3. Were exempt from meeting the requirements because all of the regulated trash bags you sold in California during the previous reporting period were either:
i. below the minimum gauge standard, or were
ii. hazardous or medical waste bags, or were
iii. non-plastic trash bags.
(B) Provide information upon request to anyone who purchases your trash bags and who must comply with these regulations, that will enable the purchaser to fulfill its certification requirements.
(C) Inform suppliers of RPPCM that the RPPCM being purchased will be reported on a certification to the Board in compliance with these regulations.
(2) I am a manufacturer of regulated trash bags. What information must I send to the Board each year in my certification?
On or before March 1 of each year you must send the following information to the Board for the preceding reporting period in your Trash Bag Manufacturer Certification Form #57:
(A) Identification -
Your company name, headquarters mailing address, every physical address where regulated trash bags were manufactured, contact person, and telephone number.
(B) Certification Information -
1. Total number of plastic trash bags intended for sale in California,
2. Total tons of plastic trash bags intended for sale in California,
3. Total tons of actual postconsumer material used to manufacture all plastic trash bags intended for sale in California, if claiming compliance through section 17979(a)(1)(A)1,
4. Total number of regulated trash bags intended for sale in California,
5. Total tons of regulated trash bags intended for sale in California, if claiming compliance through section 17979(a)(1)(A)1,
6. Total tons of material used to manufacture all plastic products intended for sale in California, if claiming compliance through section 17979(a)(1)(A)2,
7. Total tons of APCM used to manufacture all plastic products intended for sale in California, if claiming compliance through section 17979(a)(1)(A)2,
8. A description of any minimum recycled content mandate(s) of any other local, state, or federal government agencies with which you are required to comply, and the total tons of APCM used to comply with these mandates.
9. The number of regulated trash bags and the tons of regulated trash bags which originated from each physical location from which the manufacturer shipped regulated trash bags,
10. If you produce your own RPPCM, total tons of RPPCM produced during the reporting period, and, for each location where RPPCM is produced: tons of RPPCM, APCM content of RPPCM, and proximate prior usage of APCM,
11. The name and physical location of each supplier of RPPCM,
12. The quantity and proximate prior usage of, and the actual postconsumer material content of, RPPCM purchased for use in regulated trash bags, and
13. A list of any company(ies) to whom you sold RPPCM during the previous reporting period.
(C) Accompanying Documentation
Accompanying documentation, such as, results of an independent audit or certification program regarding your regulated trash bags or the RPPCM you purchased, may be attached.
(D) If applicable - Manufacturer's Justification of Non-compliance
If a manufacturer of regulated trash bags is unable to obtain sufficient amounts of RPPCM because the material did not meet the quality standards established by the Board or the RPPCM was not available within a reasonable period of time, the manufacturer shall so certify. The information required to make such claims is identified in Sections 17980.5, 17981, 17982 and/or 17983, and 17983.5 of this Article, as applicable.
Additional recordkeeping requirements regarding such claims are in Sections 17982 and/or 17983 of this Article.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42292 and 42293, 42298, Public Resources Code.

s 17979.1. Recycled Plastic Postconsumer Material That Cannot Be Used for Compliance.
Any certification of RPPCM used for compliance with these requirements shall not include any materials that are certified or used for compliance with any other California or federal requirement that requires the use or reporting of RPPCM for plastic products.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Section 42290.5, Public Resources Code.

s 17979.3. Exemption For Trash Bags Using Adhesive, Heat Affixed Straps; Petition for Variance.

Note: Authority cited: Sections 40502, 42297 Public Resources Code. Reference: Section 42298, Public Resources Code.

s 17979.5. Requirements for Wholesalers of Regulated Trash Bags.
(a) Wholesalers of Regulated Trash Bags - Wholesalers of regulated trash bags who are not also manufacturers of trash bags shall be guided by the following provisions:
(1) I am a wholesaler of regulated trash bags who is not also a manufacturer of trash bags. What information must I send to the Board each year in my certification? On or before March 1 of each year, you must send the following information to the Board for the preceding reporting period on your Trash Bag Wholesaler Certification Form #58:
(A) Your company name, headquarters mailing address, every physical address from which regulated trash bags were shipped, telephone number, and contact person,
(B) A list of each manufacturer and each other wholesaler from whom you purchased regulated trash bags during the previous reporting period, and,
(C) The number of regulated trash bags and the tons of regulated trash bags shipped from each physical location which were intended for sale or distribution or sold in California for which you are certifying.
(2) I am a wholesaler of regulated trash bags who is not also a manufacturer of regulated trash bags. Must I provide information to other wholesalers regarding the trash bags I sell? Yes, you must provide information upon request to any wholesaler to whom you sell regulated trash bags and who must comply with these regulations. The information must enable the wholesaler to fulfill its certification requirements.
(A) You must also inform manufacturers and wholesaler of regulated trash bags that the trash bags being purchased will be reported on a certification to the Board in compliance with these regulations.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292, 42293 and 42294, Public Resources Code.

s 17980. Requirements for Suppliers of Recycled Plastic Postconsumer Material (RPPCM) for Use in Regulated Trash Bags.
(a) I am a supplier of RPPCM who has sold material to a manufacturer of regulated trash bags who is required to comply with these regulations. What must I do to comply with these regulations?
To comply with these regulations you must:
Provide each regulated trash bag manufacturer with a statement identifying:
(1) the quantity and proximate prior usage of RPPCM sold for use in the regulated trash bags sold to the manufacturer,
(2) the actual postconsumer material (APCM) content of RPPCM sold for use in the regulated trash bags sold to the manufacturer, and
(3) any other information required of the manufacturer by the Board for the purposes of inclusion in the annual certification to the Board.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42292 and 42293, Public Resources Code.

s 17980.5. What If I Determine During A Reporting Period That I Cannot Meet The Recycled Plastic Postconsumer Material (RPPCM) Content Requirements?
(a) I am a manufacturer of regulated trash bags. Will the Board provide me with any assistance if I determine, during a reporting period, that I may not or cannot meet the RPPCM content requirement? If at any time during a reporting period, you determine you may not meet the RPPCM content requirement, you must contact the Board within ten (10) calendar days of making the determination. The Board will supply you with information regarding additional suppliers of RPPCM. Following receipt of the information from the Board, you are required to make a good-faith effort to purchase RPPCM to meet the use requirement from each supplier on the Board-provided list. A good-faith effort must be made with each supplier on the Board's list, in addition to those suppliers you have done business with or are otherwise aware of prior to making the certification in Section 17981.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292 and 42293, Public Resources Code.

s 17981. Failure To Meet Recycled Plastic Postconsumer Material (RPPCM) Content Requirements.
(a) I am a manufacturer of regulated trash bags. What must I do if I do not meet the regulatory requirements for any reporting period? If you are unable to obtain sufficient amounts of RPPCM within any reporting period because (1) it did not meet the RPPCM quality standards promulgated by the Board or (2) it was not available within a reasonable period of time, you must certify that fact to the Board.
(b) Must I provide documentation if I am requesting an exemption due to the lack of availability or due to the low quality of RPPCM? Yes, required documentation to support as claim for a quality exemption may be found in Section 17982(f) and required documentation to support a claim for an availability exemption may be found in Section 17983(b).
(c) Must records be kept to document a claim? Yes, records must be kept to assist you in documenting your certification. (See Section 17983.5 of this Article).

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292 and 42293, Public Resources Code.

s 17982. Minimum Recycled Plastic Postconsumer Material (RPPCM) Quality Standards.
(a) What are the Board's minimum recycled plastic postconsumer material quality standards for regulated trash bags? The following recycled postconsumer plastic material quality standards have been developed by the Board for regulated trash bags. The Board will make available the quality standards by December 31 of each year and they will apply for a maximum of two years. The test methods to be used by the Board to determine whether the standards are being met are included with each characteristic, whenever applicable. These minimum specifications are for the plastic RPPCM blended with a minimum of thirty percent (30%) APCM.
(1) Moisture: 750 parts per million (ppm) maximum. Test Method: ASTM D-4019-88 or equivalent method.
(2) Contamination: A specification mutually agreed upon by the trash bag manufacturer and supplier of RPPCM. Test Method: A test method mutually agreed upon by the trash bag manufacturer and supplier of RPPCM.
(3) Pellet uniformity: The total number of pellets in a one gram sample must not vary more than ten percent (+/- 10%) from the average number for five samples. Test Method: A simple count.
(4) Specific gravity: Resin must be within one percent (+/- 1%) of a specific gravity mutually agreed upon by the trash bag manufacturer and resin manufacturer. Test method: ASTM D-792-91, ASTM D-1505-90 or equivalent.
(5) Melt Index: HDPE base resin - 0.25-0.85 LDPE base resin - 0.25-2.5 LLDPE base resin - 0.5-2.5, and the melt index must not vary by more than fifteen percent (+/- 15%) within a shipment, and it must be within thirty percent (+/- 30%) from shipment to shipment over the length of the contract. Test method: ASTM D-1238-88, or equivalent.
The ASTM test methods D-4019-88: Standard Test Method for Moisture in Plastics By Coulometry, D-792-91: Standard Test Methods for Density and Specific Gravity (Relative Density) of Plastics By Displacement, D-1505-90: Standard Test methods for Density of Plastics by the Density-Gradient Technique, D-1238- 88: Standard Test methods for Flow Rates of Thermoplastics by Extrusion Plastometer are incorporated herein by reference.
(b) Where can I find the ASTM test methods? You can find ASTM test methods in the annually updated book called Annual Book of ASTM Standards, (ASTM) Section 8, Volume 08.01, published by the American Society for Testing and Materials, 1919 Race Street, Philadelphia, PA 19103-1187, the noted sections of which are herein incorporated by reference. All ASTM tests must be performed with the most recently approved methods. The non-ASTM test methods have yet to be standardized or are self-evident.
(c) What if a mutually agreeable specification cannot be reached between buyer and seller of the RPPCM? If a mutually agreed upon specification cannot be reached in good faith, the trash bag manufacturer must purchase and use RPPCM which meets any past or present specification for RPPCM that the manufacturer has previously used to purchase material.
(d) What if an equivalent test method is mutually agreed upon between buyer and seller of RPPCM and the RPPCM for sale does not pass the test? As long as the equivalent test method was mutually agreed upon by buyer and seller, an exemption claim based upon the failure to purchase the material will be accepted and evaluated by Board staff. If, however, an equivalent lest method is not agreed upon, or problems arise with the test method after an agreement is reached, a trash bag manufacturer may not make a certification pursuant to Section 17981 based on the failure to purchase the material for which the test method was inadequate.
(e) What if a trash bag manufacturer produces its own RPPCM? If a trash bag manufacturer produces enough RPPCM to meet the RPPCM use requirement, the manufacturer may not claim an exemption. If, however, the manufacturer can produce only a portion of the RPPCM it needs to comply with the requirements of this program, the manufacturer may file a request for a exemption if the failure to meet the use requirement was due to the quality or availability of the RPPCM offered for sale.
(f) I wish to certify that I was not able to meet the regulatory requirements because the RPPCM available to me did not meet the Board's quality standards. What must I do to make this certification? For each shipment or sample of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, it is your responsibility to document your claim. Required documentation includes all of the following, but is not solely limited to these items:
(1) The list of the suppliers of RPPCM with whom you had purchase discussions after you realized that you might not meet the regulatory requirements,
(2) Any and all specifications and test methods which were mutually agreed upon between you and your RPPCM suppliers,
(3) Independent test results, product specifications, a letter of certification, or other documentation from each supplier of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, demonstrating that the material does not meet the quality standards,
(4) Performance of ASTM tests, identified in Section 17982(a) of this Article, may be conducted by the Board to assist you in substantiating your claim. If testing is to be done, the Board shall inform you of proper shipping and handling procedures for samples based on the provisions of the particular test to be used,
(5) A written explanation describing the circumstances leading to your decision to reject or refuse to purchase every sample or shipment of rejected or refused RPPCM, and,
(6) A written explanation from the supplier of any sample or shipment of RPPCM describing the quality of the particular material which was rejected or refused by you.
(g) Will the Board periodically review its RPPCM quality standards? Yes, the Board will review its RPPCM quality standards whenever the Board determines it is necessary. The standards will be reviewed at least once every two years until the year 2000.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42295 and 42297, Public Resources Code.

s 17983. Availability Within a Reasonable Period of Time.
(a) What is a reasonable period of time for shipment of RPPCM? The RPPCM shall be considered available within a reasonable period of time if the quoted shipment time will not prevent you from manufacturing the regulated trash bags with RPPCM or the shipment of RPPCM will arrive within sixty (60) days of the RPPCM order date.
(b) I must certify that I was not able to meet the regulatory requirements because RPPCM was not available to me within a reasonable period of time. What records must I keep to document my certification? If you claim that you did not meet the regulatory requirements because RPPCM was not available within a reasonable period of time, it is your responsibility to document each claim. Required documentation for each claim includes, but is not limited to, all of the following:
(1) Copies of your production schedule indicating the date the RPPCM was needed to maintain your production of regulated trash bags,
(2) The quoted shipment times that you are claiming were unreasonable, order date, and quoted delivery date,
(3) RPPCM storage inventory at the regulated trash bag manufacturing facility where the material was to be shipped indicating the material was not otherwise available,
(4) The volume of RPPCM requested in the order,
(5) A written explanation describing the circumstances contributing to your need to claim an exemption based on the availability of RPPCM,
(6) A written explanation from the supplier of RPPCM describing the availability of the particular material at the time of your negotiations, and,
(7) Additional facts to substantiate that the volume ordered and the timeframe for delivery that were requested were reasonable under normal business practices.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42295 and 42297, Public Resources Code.

s 17983.5. Recordkeeping Requirements.
(a) I am a manufacturer or wholesaler of regulated trash bags. What records must I keep to comply with these regulations? To comply with these regulations, you must keep:
(1) A copy or record of every shipment order, bill of lading, or other evidence of shipment of regulated trash bags you sold to a retailer, distributor, wholesaler, broker, commercial or industrial user, or governmental entity,
(2) A copy or record of every shipment order, bill of lading, or other evidence of shipment of regulated trash bags you purchased from a manufacturer or wholesaler of trash bags,
(3) A copy or record of every shipment order, bill of lading, or other evidence of shipment of RPPCM you purchased or that you sold to another trash bag manufacturer which identifies the APCM contained in the RPPCM,
(4) A copy or record of any documentation you are using to verify a claim for an exemption based upon your assertion that the RPPCM did not meet the quality standards or was not available within a reasonable period of time,
(5) A copy of every annual Certification Form #57 or #58 sent to the Board,
(6) A copy of every certification, or other legal document, required by other local, state, or federal government agencies to satisfy minimum recycled content mandates for trash bags or other plastic products,
(7) A certification, or other legal document, with an authorized certification signature, as defined in Section 17976(b)(3) of this Article from each supplier of postconsumer material identifying the material as postconsumer material as defined by PRC section 41970(c), and the quantity purchased during the preceding calendar year.
(8) A copy of each statement received from a supplier of RPPCM identifying the quantity and proximate prior usage of, and the actual postconsumer material content of each shipment of RPPCM purchased and any other information the Board requires for purposes of inclusion in the annual certification, and,
(9) Any mutually agreed upon quality standard or delivery time for RPPCM.
(b) I am a supplier of RPPCM. What records must I keep to comply with these regulations? To comply with these regulations, you must keep:
(1) A copy or record of every shipment order, bill of lading, or other evidence of shipment of RPPCM you sold to a manufacturer of regulated trash bags,
(2) A copy or record of every shipment order, bill of lading, or other evidence of shipment of postconsumer material obtained from a hauler, collector, other RPPCM supplier, or collection program.
(3) A certification, or other legal document, signed by a person of authority, from each supplier of postconsumer material identifying the material as postconsumer material as defined by PRC section 41970(c).
(4) A copy of every annual Certification Form #57 or #58 sent to the Board, or other report or certification sent to a manufacturer of regulated trash bags, and,
(5) A copy of each statement required to accompany each type of RPPCM sold to a manufacturer of trash bags which identifies the quantity and proximate prior usage of, and the actual postconsumer material content of, each shipment of that RPPCM type and any other information the Board requires of suppliers for purposes of inclusion in the trash bag manufacturers annual certification.
(c) How long must I keep these records? All records must be kept for three (3) years after the date of certification. The records must be made available to the Board upon request.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292, 42293 and 42295, Public Resources Code.

s 17984. Auditing.
(a) Will the Board conduct audits related to my certifications? The Board may include audits related to your certifications. The Board may either request additional information, or the Board may conduct an on-site audit. Each manufacturer, wholesaler or supplier required to provide certification or any information pursuant to this chapter shall be subject to audit by the Board.
(b) How will the Board request additional information? The Board will send you a request for additional information by certified mail. The Board will list the information it needs and explain the need for the information. You will have thirty (30) days from the date of receipt of the request to supply the information.
(c) How will the Board conduct an on-site audit? If the Board decides to audit your records or facilities to determine compliance with the regulatory requirements, either Board staff or the Board's designee will conduct the audit.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Section 42295, Public Resources Code.

s 17985. Penalties.
(a) What may result if I provide the Board with a false or misleading certification? Any person who provides the Board with a false or misleading certification may be prosecuted for fraud by the Attorney General.
(b) What may result if I do not comply with the regulatory requirements? The Board shall publish a list of those not in compliance with the requirements of this Article. Manufacturers and wholesalers of regulated trash bags and suppliers of RPPCM who do not comply with these statutes or regulations may be referred to the Attorney General for prosecution.

Note: Authority cited: Sections 40502, 41955 and 42297, Public Resources Code. Reference: Section 42296 and 42297, Public Resources Code.

s 17990. Scope.
(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.
(c) The Board shall be authorized to expend the money in the Farm and Ranch Solid Waste Cleanup and Abatement Account for the grant program upon appropriation by the Legislature in the annual Budget Act.
(d) Each year, as part of the annual report required to be submitted pursuant to Section 40507, the Board shall report to the Governor and the Legislature on the actions it has taken under the grant program and the number of illegal sites that have been cleaned up and abated pursuant to the grant program.

Note:Authority cited: Sections 48100, 48103 and 48104, Public Resources Code. Reference: Section 48100, Public Resources Code.

s 17991. Definitions.
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.
(g) "Local agency" means the enforcement agency, or other municipal department, that is designated to implement this Chapter by a county or city or a joint powers authority consisting of cities and counties and formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(h) "Native American tribe" has the same meaning as tribe, as defined in subdivision (b) Section 44201 of the Public Resources Code.
(i) "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.
(j) "Resource conservation district" is a "special district" of the state of California, set up under PRC, Division 9, which is a locally governed agency with it's own locally appointed, independnet board of directors.
(k) "Remedial action" means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment.
(l) "Responsible party" includes any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who by contract, agreement or otherwise arranged for the transportation to and/or disposal of solid waste at the illegal disposal site;
The term "responsible party", as defined above, may only be construed within the context of this Chapter and Public Resources Code sections 48100 et seq. and shall not be interpreted under any other local, state, or federal statute.
(m) "Threat" or "threaten" means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety.

Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100, 48102 and 48106, Public Resources Code.

s 17992.1. Purpose.
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.

Note:Authority cited: Sections 48100, 48101(a) and 48103, Public Resources Code. Reference: Sections 48100 and 48101(a), Public Resources Code.

s 17992.2. Funding Eligibility.
(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.

Note: Authority cited: Sections 48100, 48101(b) and 48103, Public Resources Code. Reference: Section 48101(b), Public Resources Code.

s 17992.3. Site Eligibility.
(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.

Note: Authority cited: Sections 48100, 48102 and 48106, Public Resources Code. Reference: Sections 48102 and 48106, Public Resources Code.

s 17992.4. Eligible and Ineligible Remedial Actions.
(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)].

Note:Authority cited: Sections 40502, 48025, 48100 and 48103, Public Resources Code. Reference: Sections 40502 and 48025, Public Resources Code.

s 17993.1. Grant Application Filing Period.
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.

Note:Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code.

s 17993.2. Grant Amounts.
(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.

Note: Authority cited: Sections 48100, 48101(a) and 48103, Public Resources Code. Reference: Section 48101(a), Public Resources Code.

s 17993.3. Contents of the Grant Application Package.
(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.
(b) A complete application package to reimburse costs previously incurred by a farm or ranch property owner shall include all elements in subsection (a), except for 17993.3(a)(3), 17993(a)(9), and 17993(a)(10). In addition, the following elements shall be included in the application for reimbursement:
(1) A description of the following:
(a) the initial need and overall objective of the project(s) at the time it was remediated,
(b) innovative programs within the jurisdiction to discourage illegal dumping,
(c) any other funds available to reimburse costs previously incurred to cleanup the site(s),
(d) any funds used in the past to remediate problems at the site(s),
(e) the success of the project; and
(2) 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, disposal, recycling, and photographs of the project; and
(3) The cost and receipts associated with each task in remediating the site, including costs associated with disposal, recycling, equipment and labor.

Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code.

s 17993.4. Review of Grant Applications.
(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. (continued)