(a) A beverage manufacturer shall submit a written request to the director of the Department of Resources Recycling and Recovery to request a reduction of an administrative penalty assessment for not meeting the minimum recycled plastic content requirements, and the request must include the administrative penalty reduction sought by the beverage manufacturer.
(b) The Department shall consider granting a reduction of the administrative penalties assessed to beverage manufacturers that do not meet the minimum recycled plastic content requirements for a reporting year based on the following factors:
(1) Anomalous market conditions; and
(2) Disruption in, or lack of supply, of recycled plastics; and
(3) Other factors that have prevented a beverage manufacturer from meeting the minimum recycled plastic content requirements; and
(A) Other factors that have prevented a beverage manufacturer from meeting the minimum recycled plastic content requirements shall not include:
1. A beverage manufacturer's inability to obtain supporting documentation from the container manufacturer or other vendor; or
2. A beverage manufacturer's inability to pay the assessed administrative penalty.
(4) The beverage manufacturer corrective action plan approved by the department in section 2255 of these regulations; and
(5) The totality of the implementation of any prior approved corrective action plans for a beverage manufacturer.
(c) A beverage manufacturer shall submit any request for a reduction in administrative penalties with the corrective action plan required in section 2255 of these regulations.
(d) The department will grant or deny the reduction in administrative penalties in writing within 30 days after the approval of a corrective action plan.
Credits
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14547, Public Resources Code.
1. New section filed 11-2-2023; operative 1-1-2024 (Register 2023, No. 44).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 2260, 14 CA ADC § 2260
