Law:Division 12.9. Fiberglass Recycled Content Act Of 1991 (California)

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Chapter 1. Findings And Definitions

Ca Codes (prc:19500-19502) Public Resources Code Section 19500-19502

19500. The Legislature finds and declares all of the following: (a) Recycling of glass sold in the state benefits the state through reduction in the need for solid waste landfills, more efficient use of energy in manufacturing, and development of an economy more efficient in its use of secondary materials. (b) Because of the expansion of recycling collection programs in the state, there is a need to aggressively develop new markets for scrap glass. (c) The use of scrap glass in the manufacture of fiberglass products sold in California will contribute significantly to developing markets for recycled glass. (d) The use of cullet in fiberglass manufacturing presents no significant technical or financial barriers to industry or consumers, if the cullet meets minimum quality specifications. (e) In order to enhance the availability and efficiency of recycling opportunities, it is in the best interest of the health and safety of the people of the state to make alternative markets for recycled glass economically feasible.

19501. This division shall be known and may be cited as the Fiberglass Recycled Content Act of 1991.

19502. For purposes of this division, the following definitions shall apply: (a) "Cullet" means postconsumer glass from food, drink, or beverage containers, or any other glass not generated by fiberglass manufacturing. (b) "Department" means the Department of Conservation. (c) "Fiberglass manufacturer" means a person who uses glass in the commercial manufacture of building insulation fiberglass for wholesale or retail sale in the state. (d) "Building insulation" means a fiberglass batt, blanket, loose fill or spray-in-place material primarily designed and used to resist heat flow, that is installed in roofs, ceilings, walls, and floors of buildings.

Chapter 2. Fiberglass Recycled Content Program

Ca Codes (prc:19510-19512) Public Resources Code Section 19510-19512

19510. Except as provided in Section 19511, every manufacturer shall ensure that the annual tonnage of fiberglass manufactured or sold in the state by that manufacturer on and after January 1, 1992, other than fiberglass in inventory manufactured for sale before January 1, 1992, shall contain at least 10 percent cullet .

19511. The percentage of fiberglass sold which is made of cullet shall be calculated in tons used on an annual basis. Unless the department determines that an increase in the percentage of cullet would pose an unreasonable technical burden on the fiberglass manufacturer that exceeds the benefits to recycling the cullet, each fiberglass manufacturer shall increase the percentage of cullet in fiberglass in accordance with the following requirements: (a) On and after January 1, 1994, until December 31, 1994, the percentage of cullet shall be 20 percent. (b) On and after January 1, 1995, the percentage of cullet shall be 30 percent.

19512. On or before January 1, 1994, the department shall request comments from at least two fiberglass manufacturers, two cullet processors, and any other interested parties on the feasibility of increasing the percentage of cullet in fiberglass to 30 percent. On or before July 1, 1994, the department shall hold a public hearing, on the record, with representatives from the fiberglass industry, cullet processors, and other interested parties to determine the feasibility of increasing cullet content in fiberglass manufacturing.

Chapter 3. Cullet Specifications For Fiberglass Manufacturing 19515-19519

Ca Codes (prc:19515-19519) Public Resources Code Section 19515-19519

19515. The quality specifications provided in this chapter are the minimum quality specifications which cullet is required to meet for purposes of the exemption specified in Section 19522.

19515.5. Chemical Composition Tolerance (+ or - Percentage Percentage Oxides Weight Range) Silicon Dioxide 66-75 1.00 Aluminum Oxide 0-7 0.50 Calcium Oxide 5-15 0.50 Magnesium Oxide 0-5 0.50 Sodium Oxide 8-18 0.50 Potassium Oxide 0-4 0.50 Iron Oxide less than 0.5 0.05 Chromium Oxide less than 0.1 0.02 Sulfur Trioxide less than 0.2 0.02 All other oxides less than 0.1 0.02 Organic Carbon less than 0.1 0.02 Moisture Content less than 0.5 0.05 (No caking with free-flowing fiberglass) Loss on Ignition less than 1.0 0.10

19516. Contaminants Other Inorganic Percentage Weight Material + 12 Mesh None + 20 Mesh less than 0.1 - 20 Mesh less than 0.2 Magnetic Materials less than 0.1 Nonmagnetic Metals None

19517. Physical Composition Particle Size: Cullet shall be one of two types below depending upon the requirements of the fiberglass manufacturer. Screen Size Coarse Cullet Fine Cullet + 1/4" 0% 0% + 12 Mesh 25% Minimum 0.5% Maximum - 200 Mesh 15% Maximum 15.0% Maximum Color Distribution Tolerance (+ or - Type Nominal Percentage Percentage Weight Range) Flint 0-100 + or- 3.0 Green 1-100 + or- 3.0 Amber less than 25 + or- 3.0

19518. The department may change minimum quality specifications based upon the fiberglass industries' ability to use cullet with higher levels of contamination.

19519. A fiberglass manufacturer shall comply with all applicable state and federal laws, regulations, and permits concerning the environment, health, or safety when using cullet in fiberglass manufacturing.

Chapter 4. Certification Of Use

Ca Codes (prc:19520-19523) Public Resources Code Section 19520-19523

19520. Each fiberglass manufacturer shall, on or before March 1 of each year, submit a report to the department certifying the number of tons of cullet used for the manufacture of fiberglass during the preceding calendar year and the number of tons of fiberglass sold in the state during the preceding calendar year.

19521. Every fiberglass manufacturer who submits glass cullet content usage certification pursuant to Section 19520 may be subject to an audit by the department to ensure that the cullet was used.

19522. If a manufacturer of fiberglass is unable to obtain sufficient amounts of cullet within any certification period, the manufacturer shall certify this fact to the department and provide the department with the specific reason for failing to use cullet, including verification of a best faith effort to use the cullet, and evidence that the cullet failed to meet minimum quality specifications pursuant to Chapter 3 (commencing with Section 19515) and, therefore, presented a significant barrier to meeting the requirements of Chapter 2 (commencing with Section 19510).

19523. For the purposes of implementing and enforcing these provisions, the department shall develop and maintain a list which identifies all fiberglass manufacturers. The department shall also make available to fiberglass manufacturers names and addresses of all recyclers and processors of cullet certified pursuant to Division 12.1 (commencing with Section 14500).

Chapter 5. Enforcement

Ca Codes (prc:19530-19535) Public Resources Code Section 19530-19535

19530. If any person provides a fiberglass manufacturer with false or misleading information concerning the recycled content of glass cullet, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud.

19531. If any fiberglass manufacturer provides the department with a false or misleading certificate concerning the percentage of glass cullet used pursuant to this division pursuant to Section 19520, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud.

19532. If any fiberglass manufacturer provides the department with a false or misleading certificate concerning why the fiberglass manufacturer was unable to meet the content requirements due to technical infeasibility pursuant to Section 19522, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud.

19533. Information on glass cullet prices or other prices obtained by the department in the course of an audit is proprietary information and the department shall not make this information available to the general public.

19534. This division does not prevent a person from selling or using fiberglass made of 100 percent virgin content, as long as the fiberglass manufacturer meets the content requirements of Chapter 2 (commencing with Section 19510).

19535. (a) Any person who violates Chapter 2 (commencing with Section 19510) or this section is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000). (b) In addition to subdivision (a), any person who violates this division may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Any civil penalties and fines received pursuant to this section shall be deposited in the Fiberglass Recycled Content Account, which is hereby established in the California Beverage Container Recycling Fund, and the funds in that account may be expended by the department for the administration of this division upon appropriation by the Legislature.

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