1. (a) What is a reasonable period of time for shipment of RPPCM? The RPPCM shall be considered available within a reasonable period of time if the quoted shipment time will not prevent you from manufacturing the regulated trash bags with RPPCM or the shipment of RPPCM will arrive within sixty (60) days of the RPPCM order date.

2. (b) I must certify that I was not able to meet the regulatory requirements because RPPCM was not available to me within a reasonable period of time. What records must I keep to document my certification? If you claim that you did not meet the regulatory requirements because RPPCM was not available within a reasonable period of time, it is your responsibility to document each claim. Required documentation for each claim includes, but is not limited to, all of the following:

   1. (1) Copies of your production schedule indicating the date the RPPCM was needed to maintain your production of regulated trash bags,
   2. (2) The quoted shipment times that you are claiming were unreasonable, order date, and quoted delivery date,
   3. (3) RPPCM storage inventory at the regulated trash bag manufacturing facility where the material was to be shipped indicating the material was not otherwise available,
   4. (4) The volume of RPPCM requested in the order,
   5. (5) A written explanation describing the circumstances contributing to your need to claim an exemption based on the availability of RPPCM,
   6. (6) A written explanation from the supplier of RPPCM describing the availability of the particular material at the time of your negotiations, and,
   7. (7) Additional facts to substantiate that the volume ordered and the timeframe for delivery that were requested were reasonable under normal business practices.

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42295 and 42297, Public Resources Code.

History

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).

2. Amendment of subsections (b) and (b)(4), new subsections (b)(5)-(6), subsection renumbering, and amendment of Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).

3. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).

4. Change without regulatory effect amending subsection (b)(2) filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).