California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 11 - Product Stewardship
Article 1 - Product Stewardship for Carpets
Section 18945.1 - Amount of Civil Penalties and Administrative Penalty Schedule
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Civil penalties may be imposed administratively in accordance with the following penalty tables:
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Base Penalty Table I: For Stewardship Organizations and Manufacturers |
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| Violation | Description of Violation | Severity |
| PRC 42972(a) | Failure to submit, individually or through a stewardship organization, a stewardship plan to the Department | Level 3 |
| PRC 42973(b) | Failure to resubmit a stewardship plan within 60 days after receiving a notice of disapproval from the Department | Level 1 |
| 14 CCR 18942(b)(2) | Failure to resubmit a stewardship plan within 60 days after receiving a conditional approval from the Department | Level 1 |
| PRC 42972(e) | Failure to notify the Department within 30 days after instituting a significant or material change to a Department-approved stewardship plan | Level 2 |
| PRC 42975 | Failure to meet the goals included in an organization's stewardship plan | Level 2 |
| PRC 42976 | Failure to submit, individually or through a stewardship organization, an annual report to the Department | Level 3 |
| PRC 42976 | Annual report does not contain required elements | Level 2 |
| PRC 42977(a) | Failure to pay an annual administration fee to the Department | Level 3 |
| PRC 42974(b) | Offering a carpet for sale or for promotional purposes that is not subject to a Department-approved stewardship plan | Level 3 |
| PRC 42972(c)(3)(B) | Stewardship assessment is not clearly visible on invoice or functionally equivalent billing document as a separate line item | Level 1 |
| PRC 42972(c)(3)(B) | Invoice or functionally equivalent billing document is not accompanied by a brief description of the stewardship assessment or a Department-approved label | Level 1 |
| 14 CCR 18946 | Failure to meet record keeping requirements | Level 2 |
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Base Penalty Table II: For Wholesalers and Retailers |
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| Violation | Description of Violation | Severity |
| PRC 42974(b) | Offering a carpet for sale or for promotional purposes that is not subject to a Department-approved stewardship plan | Level 3 |
| PRC 42972(c)(3)(B) | Stewardship assessment is not clearly visible on invoice or functionally equivalent billing document as a separate line item | Level 1 |
| PRC 42972(c)(3)(B) | Invoice or functionally equivalent billing document is not accompanied by a brief description of the stewardship assessment or a Department-approved label | Level 1 |
| 14 CCR 18946 | Failure to meet record keeping requirements | Level 2 |
(b) For the purpose of implementing this [Section/Article], penalty severity levels are described as follows:
(c) The department will set the final penalty amount after considering the criteria set forth in Section 18945.2. The department may increase the final penalty beyond the penalty range established pursuant to paragraphs (a) and (b), if it determines, after considering the criteria set forth in Section 18945.2, that such an increase is warranted and appropriate.
1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4).
2. Change without regulatory effect amending Table 1 within subsection (a)(1)(C) filed 1-3-2018 pursuant to section 100, title I, California Code of Regulations (Register 2018, No. 1).
Note: Authority cited: Sections 40502 and 42974, Public Resources Code. Reference: Sections 42972, 42973, 42974, 42975, 42976 and 42977, Public Resources Code; and Section 11506, Government Code.
