Cal. Code Regs. tit. 14 § 17979

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 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.

For each pound of RPPCM purchased from a California source to manufacture the plastic trash bags, or other products manufactured with RPPCM, the Board shall credit the manufacturer with having used 1.2 pounds of RPPCM.

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.

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.

Cal. Code Regs. Tit. 14, § 17979

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section heading, section and NOTE filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending subsection (a)(1)(A)1. Table One and NOTE filed 5-17-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 20).
4. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
5. Change without regulatory effect amending subsections (a)(2), (a)(2)(B)10. and (a)(2)(B)12. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
6. Change without regulatory effect amending subsections (a)(1)(A)2. and (a)(2)(B)13. filed 2-4-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 6).
7. Change without regulatory effect amending subsection (a)(1)(A)2. and NOTE filed 9-6-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 36).

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42291.5, 42292, 42293 and 42298, Public Resources Code.

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending subsection (a)(1)(A)1. Table One and Note filed 5-17-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 20).
4. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
5. Change without regulatory effect amending subsections (a)(2), (a)(2)(B)10. and (a)(2)(B)12. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
6. Change without regulatory effect amending subsections (a)(1)(A)2. and (a)(2)(B)13. filed 2-4-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 6).
7. Change without regulatory effect amending subsection (a)(1)(A)2. and Note filed 9-6-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 36).