SECTIONS 42320-42327 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42320-42327

42320. Any entity required to make a certification pursuant to this
chapter may be audited by the board.

42321. If any entity provides the board with a false or misleading
certificate pursuant to this chapter, the board, within 30 days of
making this determination, shall refer the provider of the false or
misleading certificate to the Attorney General for prosecution for
fraud.

42321.5. (a) A container manufacturer who sells a rigid plastic
packaging container to a manufacturer and who submits a certification
to the manufacturer, for purposes of this chapter, shall not provide
any false or misleading information. A container manufacturer who
submits to a manufacturer a certification with false or misleading
information is subject to the same penalties and fines that are
imposed upon a manufacturer that does not comply with Sections 42321
and 42322.
(b) Notwithstanding Sections 42321 and 42322, a manufacturer is
not subject to any fine or penalty for not complying with this
chapter as a result of the submittal of false or misleading
information by a container manufacturer to the manufacturer with
regard to a container sold to that manufacturer.

42322. (a) Any violation of this chapter is a public offense
punishable by a fine of not more than one hundred thousand dollars
($100,000).
(b) In addition to the penalty specified under subdivision (a),
any violation of this chapter may be subject to a civil penalty
assessed by the board of not more than fifty thousand dollars
($50,000) for each violation, pursuant to a notice and hearing
procedure that conforms with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The total annual fines or penalties assessed upon a violator
of this chapter shall not exceed one hundred thousand dollars
($100,000).
(d) The board shall annually publish a list by July 1 setting
forth any fines or penalties that have been levied against a violator
of this chapter in the preceding calendar year, for failure to
comply with the requirements of this chapter.
(e) The board shall deposit all penalties or fines paid pursuant
to this section into the Rigid Container Account, which is hereby
created in the Integrated Waste Management Fund in the State
Treasury. The moneys deposited in the Rigid Container Account shall
be expended by the board, upon appropriation by the Legislature, to
assist local governmental agencies to develop and implement
collection and processing systems for the recycling of materials that
are subject to this chapter, for the development of markets for
these materials, and for the board's costs of implementing this
chapter.

42323. Proprietary information included in part of a report or
certificate submitted to the board pursuant to this chapter shall not
be made available to the general public.

42325. The board shall adopt regulations to implement this chapter.
These regulations shall include, but shall not be limited to, all of
the following:
(a) Procedures for certifying compliance with Article 2
(commencing with Section 42310), including a requirement that product
manufacturers include in their specifications for rigid plastic
packaging containers a requirement that the packaging manufacturer
certify that the rigid plastic packaging containers comply with this
chapter.
(b) Procedures for considering and granting waivers pursuant to
Article 4 (commencing with Section 42330).

42326. In developing the regulations required by Section 42325, the
board shall consult with representatives of the manufacturers
affected by this chapter, with representatives of environmental
organizations, and other interested parties.

42327. The board may expend funds from the Integrated Waste
Management Account to implement this chapter, upon appropriation by
the Legislature.