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
Section 18955 - Civil Penalties
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
A civil penalty may be administratively imposed by the department on any person who is in violation of any provision of this Article. The responsible party or parties shall be determined by the department based on the totality of the circumstances.
(a) Any manufacturer offering architectural paint for sale in California or a manufacturer or stewardship organization submitting a stewardship plan or annual report to the department is subject to enforcement under this Article. Architectural paint manufacturers are subject to penalties as a result of the failure of their designated stewardship organization to comply with this Article on their behalf.
(b) Notwithstanding paragraph (a), an architectural paint manufacturer is not subject to any penalty for failing to comply if that manufacturer can demonstrate that it provided true and accurate information to the stewardship organization and the stewardship organization failed to properly report this on behalf of the manufacturer.
(c) A stewardship organization is not subject to a penalty for failure to comply as a result of submitting false or misleading information if it can demonstrate that it received false or misleading information from an architectural paint manufacturer that was the direct cause of its failure to comply with this Article.
(d) Any manufacturer or retailer that offers architectural paint for sale in the state is subject to enforcement under this Article.
1. New section filed 6-6-2012; operative 6-6-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 23).
Note: Authority cited: Sections 40401 and 40502 Public Resources Code. Reference: Sections 48700, 48702 and 48704, Public Resources Code.
