Rulemaking Archives

Rigid Plastic Packaging Container Law, Administrative Civil Penalties

These regulations were approved by the Office of Administrative Law and filed with the Secretary of State on January 12, 2004.

Description
Revision of existing regulations to establish five clearly defined violations with an associated range of penalties for noncompliance with the Rigid Plastic Packaging Container (RPPC) Law.

Affected Regulatory Code Sections
Title 14, California Code of Regulations, Division 7, Chapter 4. Specific sections affected are:

• Article 3, Section 17946
• Article 3, Section 17949

Rulemaking History
Stakeholders were informed that a penalty structure was being developed at October 2002 and December 2002 Interested Parties meetings. Stakeholders were provided an opportunity to comment on the emergency regulations at an Interested Parties meeting held on March 6, 2003 as well as at the Special Waste and Market Development Committee meeting on March 11, 2003.

The Board adopted emergency regulations pertaining to assessment of administrative civil penalties on April 23, 2003. The emergency regulations were filed with the Secretary of State’s office on June 2, 2003. The Emergency regulations allow a 120-day timeframe to hold a public hearing to allow interested parties to comment on the proposed regulations, staff to respond to the comments, and to file permanent regulations with the Office of Administrative Law.

An additional opportunity to discuss and comment was provided at the July 24, 2003 Interested Parties meeting.

The Initial Statement of Reasons was filed with the Office of Administrative Law on August 1, 2003 along with the Notice of Proposed Rulemaking (see Rulemaking Documents, below). At its August 5, 2003 meeting, the Board’s Sustainability and Market Development Committee approved noticing the 45-day comment period for the proposed regulations.

On August 28, 2003, the Board held a public workshop to solicit comments on the proposed regulations. Although general questions about the history and process were answered, no official comments were received. A written comment period ended October 6, 2003. Written comments were also accepted at a public hearing on October 7, 2003. There were no changes to the regulations as noticed.

The regulations were adopted by the Board at its October 15-16, 2003 meeting. The regulations were approved by the Office of Administrative Law and filed with the Secretary of State on January 12, 2004.

Draft text of proposed regulations, July 14, 2003 (Adobe PDF, 77 KB | MS Word, 89 KB). Draft regulatory text.

Notice of Proposed Rulemaking, August 2003 (Adobe PDF, 30 KB | MS Word, 151 KB). Information published in the California Regulatory Notice Register 45 days prior to the end of the public comment period, which references the proceedings, statutory authority, an informative digest describing existing laws, any mandates and the effect of the proposed action on small business.

Initial Statement of Reasons, August 1, 2003 (Adobe PDF, 17 KB | MS Word, 51 KB). A statement of the specific purpose and the rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Any alternatives considered and technical documents are also noted here.

More Information: www.ciwmb.ca.gov/Plastic/RPPC/

Last updated: November 01, 2007