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§ 18952. Submittals.

14 CA ADC § 18952Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 11. Product Stewardship
Article 2. Architectural Paint Recovery Program
14 CCR § 18952
§ 18952. Submittals.
Currentness
(a) A corporate officer, acting on behalf of an architectural paint manufacturer or stewardship organization, shall submit as part of the stewardship plan the following information:
(1) Contact information of the corporate officer responsible for submitting stewardship plan and annual report documents to the department and for overseeing paint stewardship program activities, including, but not limited to:
(A) Contact Name
(B) Title
(C) Name and Company or Stewardship Organization
(D) Mailing address
(E) Phone number
(F) E-mail address
(G) Web address, if applicable
(2) List and contact information for each architectural paint manufacturer participating in the stewardship organization, including, but not limited to:
(A) Name of Company
(B) Mailing or corporate address
(C) Web address (if applicable), Contact Name, Title, Phone Number, and e-mail address of participating architectural paint manufacturers shall be provided to the department upon request. The department shall include a reason for any request of this information. The requested information shall be submitted within 30 days of the request unless extended as determined by the department.
(3) List of brands covered under the stewardship plan.
(b) The stewardship plan may be submitted electronically according to instructions provided by the department. A hard copy, signed by a corporate officer of a manufacturer or stewardship organization, must be submitted to the department.
(1) The information submitted in a stewardship plan shall address the criteria for approval in § 18953 and be organized according to this standard outline:
(A) Contact Information
(B) Program Goals and Activities
(C) Collection Systems
(D) Financing Mechanism
(E) Education and Outreach
(F) Stakeholder Consultation
(2) The department shall determine if the plan is complete and notify the submitting manufacturer or stewardship organization within 30 days. If the department finds that the stewardship plan is complete, the department's 90-day review period for consideration of approval of the stewardship plan, set forth in Public Resources Code section 48704, will commence upon the original date of receipt. If the stewardship plan is incomplete, the department shall identify what additional information must be submitted to make it complete and the plan shall be resubmitted within 30 days. If the department determines upon resubmittal that the plan is complete, the department's 90-day review period for consideration of approval of the stewardship plan will commence upon the original date of receipt of the resubmittal.
(3) The department may approve, disapprove, or conditionally approve a stewardship plan.
(A) The plan must be approved if it provides for the establishment of a paint stewardship program that meets the requirements of Public Resources Code section 48703.
(B) If the department conditionally approves a plan, the department shall identify the deficiencies in the plan and the manufacturer or stewardship organization shall comply with the conditions of approval within 60 days of the notice date. If the conditions are met, the department shall approve the plan.
(C) If the department disapproves a plan, the department shall identify the deficiencies in the plan and the manufacturer or stewardship organization shall resubmit a plan or provide supplemental information requested by within 60 days of the notice date.
(D) If the department conditionally approves a plan and the conditions are not met, the department shall disapprove the plan.
(4) The stewardship plan must be submitted for re-approval upon any significant or material change, as defined. The department shall review the revised stewardship plan within 90 days of receipt and make a determination whether or not to approve the plan.
(5) The approved stewardship plan shall be a public record, except that financial, production, or sales data reported to the department by a manufacturer or stewardship organization is not a public record under the California Public Records Act, as described in Chapter 3.5 (commencing with § 6250) of Division 7 of Title 1 of the Government Code and shall not be open to public inspection. The department may release financial, production, or sales data in summary form only that cannot be attributable to a specific manufacturer.
(c) The annual report shall be submitted by a corporate officer acting on behalf of a manufacturer or stewardship organization that is operating an architectural paint stewardship program under a department-approved stewardship plan.
A hard copy, signed by a corporate officer of a manufacturer or stewardship organization must be submitted.
(1) The information submitted in an annual report shall address the criteria for a finding of compliance per § 18954 and be organized according to this standard outline:
(A) Contact Information
(B) Executive Summary
(C) Program Outline
(D) Description of Goals and Activities Based on the Stewardship Plan
(E) Financing Mechanism
(F) Education and Outreach
(G) Audits
(2) The department shall determine if the report is complete and notify the submitting manufacturer or stewardship organization within 30 days. If the department finds that the annual report is complete, the department's 90-day review period for the annual report, set forth in Public Resources Code § 48705, will commence upon the original date of receipt. If the annual report is incomplete, the department shall identify what additional information must be submitted to make it complete and the report shall be resubmitted within 30 days. If the department determines upon resubmittal that the report is complete, the department's 90-day review period of the report will commence upon the original date of receipt of the resubmittal.
(3) The department may adopt a finding of compliance, non-compliance, or conditional approval for an annual report.
(A) If the department adopts a finding of compliance, the manufacturer or stewardship organization may continue to sell or offer paint for sale in the state.
(B) If the department conditionally approves a report, the department shall identify the deficiencies in the report and the manufacturer or stewardship organization shall comply with the conditions of approval within 60 days of the notice date. If the conditions are met, the department shall adopt a finding of compliance.
(C) If the department adopts a finding of non-compliance, the department shall identify the deficiencies in the report and the manufacturer or stewardship organization shall resubmit a report or provide supplemental information requested by within 60 days of the notice date.
(D) If the department conditionally approves a report and the conditions are not met, the department shall adopt a finding of non-compliance.

Credits

Note: Authority cited: Sections 40401 and 40502, Public Resources Code. Reference: Sections 40502, 48700, 48702, 48703, 48704 and 48705, Public Resources Code.
History
1. New section filed 6-6-2012; operative 6-6-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 23).
This database is current through 8/23/24 Register 2024, No. 34.
Cal. Admin. Code tit. 14, § 18952, 14 CA ADC § 18952
End of Document