Date: November 2, 2012
Source: News Room
A paint manufacturers association has filed a lawsuit challenging California's used-paint recovery or "take-back" program arguing that the state waste agency's "command and control" regulations exceed its authority. At issue is the Department of Resources, Recycling & Recovery (CalRecycle) paint recovery program required by the 2010 law AB 1343. California is the first state to have a permanent paint stewardship program. It requires paint manufacturers to establish paint waste management and take-back programs and authorizes them to establish a fee on consumers to cover its costs. The regulations set criteria for the approval of stewardship plans and annual reports submitted to CalRecycle. However, the American Coatings Association filed a lawsuit on Oct. 30 in Los Angeles County Superior Court challenging the CalRecycle regulations on the grounds that they were adopted contrary to law. "CalRecycle has adopted and is imposing on manufacturers 'command and control' regulations that are inconsistent with the statutory provisions and increase unnecessarily the burden and cost on manufacturers," according to their statement.
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