reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.1 - Electronic Waste Payment System - Applications for Approval › Section 18660.16 - Approval Term and Applications for Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An approved collector's approval remains
				  valid for 2 years following the date of approval provided that the information
				  in the approved application remains unchanged, the collector continues to meet
				  and fulfill the requirements of this Chapter, and the collector continues to
				  operate in conformance with DTSC requirements.
(b) An approved recycler's approval remains
				  valid for 2 years following the date of approval provided that the information
				  in the approved application remains unchanged, the recycler continues to meet
				  and fulfill the requirements of this Chapter, and the recycler continues to
				  operate in conformance with DTSC requirements and submit to inspections by
				  DTSC.
(c) To renew approval, a
				  collector or recycler shall reapply to CalRecycle on a biennial basis at least
				  90 calendar days prior to the expiration date of approval.
(d) If a collector or recycler fails to
				  reapply for approval, after the expiration date all of the following conditions
				  apply:
(1) The approval is expired and
				  invalid.
(2) The collector or
				  recycler shall be ineligible for all payments set forth in this
				  Chapter.
(3) The collector or
				  recycler shall immediately cease using the issued unique identification
				  number.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.1 - Electronic Waste Payment System - Applications for Approval › Section 18660.17 - Prohibited Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CalRecycle may deny an application or
				  revoke or suspend the approval of a collector or recycler for any of the
				  following prohibited activities:
(1) Failure
				  by a collector or recycler to operate in conformance with DTSC
				  requirements.
(2) Failure by a
				  recycler to submit to a DTSC inspection within any 12-month period.
(3) Failure by a recycler to provide recovery
				  payments to approved collectors as specified in this Chapter.
(4) Failure to submit to CalRecycle audits as
				  specified by this Chapter.
(5)
				  Failure to submit a net cost report as specified in Section
				  18660.10.
(6) Transferring an approval or proof of
				  approval to any other person.
(7)
				  Misrepresenting an approval status.
(8) A material breach of any of the
				  certification statements contained in the approved application.
(9) Fraudulently requesting a recovery
				  payment.
(10) Fraudulently claiming
				  a recycling payment.
(11)
				  Submitting a fraudulent net cost report.
(12) Failure to secure, maintain, or transfer
				  documentation as specified by this Chapter.
(13) Failure to notify CalRecycle of changes
				  to information contained in the approved application.
(14) Making a false statement or
				  representation in a document filed, submitted, maintained or used for purposes
				  of compliance with this chapter or Division 30, Part 3, Chapter 8.5 of the
				  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.1 - Electronic Waste Payment System - Applications for Approval › Section 18660.18 - Changes to Information Contained in an Approved Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An approved
				  collector or an approved recycler shall notify CalRecycle in writing of changes
				  to information contained in an approved application at least 30 calendar days
				  prior to the effective date of any proposed changes.
(b) If an unforeseen change occurs, an
				  approved collector or an approved recycler shall notify CalRecycle in writing
				  of the change within ten calendar days after the unforeseen change.
1. New
					 section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004,
					 No. 20). Pursuant to Public Resources Code section
					 42475.2(b)
					 a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Repealer and new section filed 12-13-2004 as an emergency;
					 operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code
					 section
					 42475.2(b),
					 emergency language will be repealed by operation of law on 12-14-2006. A
					 Certificate of Compliance must be transmitted to and approved by OAL prior to
					 that day.
3. Certificate of Compliance as to 12-13-2004 order
					 transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources
					 Code section
					 42475.2(b)
					 (Register 2006, No. 48).
4. Change without regulatory effect
					 amending subsections (a) and (b) filed 10-29-2012 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 44).
5. Amendment of section heading
					 and section filed 9-17-2018; operative 10-1-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 38).
Note: Authority cited: Sections
						40502,
						42475(b)
						and
						42475.2,
						Public Resources Code. Reference: Sections
						42475(a),
						42476,
						42477,
						42478
						and
						42479,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.1 - Electronic Waste Payment System - Applications for Approval › Section 18660.19 - Appeal of Denial, Suspension or Revocation of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If CalRecycle denies an application for
				  approval or suspends or revokes an approval, the collector or recycler shall
				  appeal that decision and request a hearing within 30 calendar days after the
				  date of the denial, suspension or revocation. Any appeal received by CalRecycle
				  after 30 calendar days from the date of the denial, suspension or revocation
				  shall be denied without a hearing or consideration of the appeal.
(b) This appeal provided for in this Section
				  is also governed by the general administrative adjudication provisions of the
				  California Administrative Procedure Act, found at Chapter 4.5 of Part 1 of
				  Division 3 of Title 2 of the Government Code, commencing with Section
				  11400. This appeal is not subject
				  to the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the
				  Government Code, commencing with Section
				  11500.
(c) The collector or recycler requesting a
				  hearing must submit the appeal in writing and ensure that it is received by
				  CalRecycle's main business office, to the attention of the Legal Office. The
				  collector or recycler shall clearly mark the outside of the package containing
				  the appeal with: "Covered Electronic Waste Application Appeal
				  Enclosed".
(d) In an appeal, a
				  collector or recycler shall include, at a minimum, all of the following:
(1) The collector's or recycler's name,
				  mailing address, contact name and daytime telephone number.
(2) The type of approval: collector, recycler
				  or both.
(3) The location and
				  street address.
(4) The date on the
				  notification from CalRecycle and the stated reasons for denial, suspension or
				  revocation.
(5) A statement of the
				  basis for objecting to the denial, suspension or
				  revocation.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.2 - Electronic Waste Payment System - Business Requirements › Section 18660.20 - Requirements for an Approved Collector

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon CalRecycle approval of its
				  application, an approved collector may begin requesting recovery payments for
				  CEWs documented and transferred to approved recyclers pursuant to the
				  requirements of this Chapter after the approval.
(b) An approved collector shall comply with
				  the requirements of this Chapter, including:
(1) Begin collection activities from
				  California sources within 180 calendar days of approval. CalRecycle may revoke
				  approval if a collector fails to begin collection activities within 180
				  days.
(2) Transfer at least one (1)
				  load of CEWs to an approved recycler within 180 calendar days of approval.
				  Approved dual entities may also meet this requirement by both collecting and
				  canceling at least one load of CEWs within 180 calendar days of approval.
				  CalRecycle may revoke approval if a collector fails to transfer at least one
				  load of CEWs within 180 calendar days of approval.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.2 - Electronic Waste Payment System - Business Requirements › Section 18660.21 - Requirements for an Approved Recycler

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon CalRecycle approval of its
				  application, an approved recycler may begin claiming recycling payments for
				  CEWs received from an approved collector and cancelled after the
				  approval.
(b) An approved recycler
				  shall comply with the requirements of this Chapter, including:
(1) Begin CEW cancellation activities within
				  180 calendar days of approval. CalRecycle may revoke approval if a recycler
				  fails to begin CEW cancellation within 180 days.
(2) Accept transfer of and cancel at least
				  one (1) load of CEWs from an approved collector within 180 days of approval.
				  Approved dual entities may also meet this requirement by both collecting and
				  canceling at least one load of CEWs within 180 days of approval. CalRecycle may
				  revoke approval if a recycler fails to cancel at least one load within 180 days
				  of approval.
(3) Record each
				  approved collector's proof of approval identification number and provide a
				  receipt showing the weight and number of CEWs transferred and the amount of the
				  corresponding recovery payment due to the collector.
(4) Make recovery payments to approved
				  collectors, or their agents, for all CEWs transferred, in accordance with this
				  Chapter, at the time of transfer of CEWs, or at a later time specified in a
				  written contract between the approved collector and approved recycler, but not
				  more than 90 days from the date of transfer.
(5) Cancel CEWs by one or more of the manners
				  prescribed in Section
				  18660.32 of this Chapter.
(A) An approved recycler shall maintain a
				  processing log that records the date, method of cancellation, and quantity in
				  pounds of CEWs cancelled.
(B) An
				  approved recycler shall maintain inventory records that document the
				  relationship between CEWs received from approved collectors, CEWs processed and
				  cancelled by the approved recycler, and treatment residuals shipped to initial
				  destinations or ultimate dispositions, as applicable.
(6) Submit recycling payment claims to
				  CalRecycle as specified in Sections
				  18660.22 through
				  18660.31 of this
				  Chapter.
(7) Submit to and obtain a
				  DTSC inspection, within any 12-month period.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.3 - Electronic Waste Payment System - Recycling Payment Claims › Section 18660.22 - General Requirements for Recycling Payment Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An approved recycler shall submit all of
				  the following general information in a claim for recycling payments from
				  CalRecycle:
(1) The full name, mailing
				  address, and federal tax identification number of the recycler preparing the
				  report.
(2) The name and phone
				  number of a contact person for purposes of the report.
(3) The reporting month (calendar month and
				  year) and date of preparation of the report.
(4) The claim activity period, listing the
				  start and end dates.
(5) The total
				  weight of CEW claimed, as calculated in Sections
				  18660.24 and
				  18660.25 of this
				  Chapter.
(6) The total monetary
				  amount being claimed.
(7) The
				  signature and title of a person with signature authority for payment claims as
				  designated pursuant to Section
				  18660.11 of this Chapter. The
				  signature block shall include the following certification statements:
(A) "I hereby declare under penalty of
				  perjury that:"
1. "The approved recycler whom
				  I represent is currently in compliance with all Federal, State and local
				  requirements, including compliance with the requirements of the Act and this
				  Chapter."
2. "All claimed CEWs have
				  been cancelled as specified in Section
				  18660.32 and are unable to
				  re-enter the payment system, and all treatment residuals specified in Section
				  18660.22(c)
				  derived from the claimed CEWs have been shipped off-site to an initial
				  destination authorized to receive and further treat or legally dispose of those
				  treatment residuals."
3. "I have
				  certified the weights and verified the calculations, including the adjustments
				  for CEWs from non-California sources and for prior cancellation."
4. "This payment claim, including any and all
				  accompanying documents has been examined by me and is true and
				  correct."
5. "I understand that
				  errors or omissions on my part may result in CalRecycle delaying or denying
				  payment"
6. "I further understand
				  that fraud could result in revocation of the recycler's
				  approval."
(8)
				  The date and place of the signing of the claim.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.3 - Electronic Waste Payment System - Recycling Payment Claims › Section 18660.24 - Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs Through Dismantling to a Bare CRT After Relieving the Vacuum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to the general information required in Section
				  18660.22 of this Chapter, an
				  approved recycler shall include the information in this Section to claim
				  recycling payments for canceling CRT containing CEWs through dismantling to a
				  bare CRT after relieving the vacuum as specified in Section
				  18660.32 of this
				  Chapter.
(b) An approved recycler
				  shall base recycling payment claims on the weight of CRT-containing CEWs
				  cancelled.
(c) An approved recycler
				  shall submit a recycling payment claim within 45 calendar days of the end of a
				  reporting month.
(d) The reporting
				  month for a recycling payment claim pursuant to this Section is the calendar
				  month in which the approved recycler first makes shipment(s) to an initial
				  destination of bare CRTs or CRT glass cullet derived from the claimed
				  CEWs.
(e) An approved recycler
				  shall calculate the payment and include the calculation in a recycling payment
				  claim specific to canceling CRT-containing CEWs through dismantling to a bare
				  CRT as follows:
(1) The total weight of
				  CRT-containing CEWs cancelled from which all treatment residuals specified
				  pursuant to Section
				  18660.22(c)(1) of
				  this Chapter have been shipped off-site to an initial destination authorized to
				  receive and further treat or legally dispose of those treatment
				  residuals.
(2) The total payment
				  claimed, calculated by multiplying the weight of CRT-containing CEWs specified
				  in subsection (e)(1) of this Section by the Standard Statewide Combined
				  Recovery and Recycling Payment Rate.
(3) If the amount in subsection (1) of this
				  Section includes CEWs from outside California, CEWs without source
				  documentation, or previously cancelled materials, then the recycler shall
				  reduce the payment claim to reflect these corrections by adjusting the
				  weights.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.3 - Electronic Waste Payment System - Recycling Payment Claims › Section 18660.25 - Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of Non-CRT-Containing CEWs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to the general information required in Section
				  18660.22 of this Chapter, an
				  approved recycler shall include the information in this Section to claim
				  recycling payments for canceling non-CRT-containing CEWs through dismantling to
				  a bare panel as specified in Section
				  18660.32 of this
				  Chapter.
(b) An approved recycler
				  shall base recycling payment claims on the weight of the cancelled
				  non-CRT-containing CEWs.
(c) An
				  approved recycler shall submit a recycling payment claim within 45 calendar
				  days of the end of a reporting month.
(d) The reporting month for a recycling
				  payment claim pursuant to this Section is the calendar month in which the
				  approved recycler first cancels any of the non-CRT CEW being claimed.
(e) An approved recycler shall calculate the
				  payment and include the calculation in a recycling payment claim specific to
				  canceling non-CRT-containing CEWs through dismantling to a bare panel as
				  follows:
(1) The total weight of cancelled
				  non-CRT-containing CEWs for the reporting month for which records specified in
				  Section 18660.22(c)(2) of
				  this Chapter have been established and maintained pursuant to Section
				  18660.8 of this Chapter. Note that
				  non-CRT-containing CEWs commingled with other material are ineligible for
				  recycling payment.
(2) The total
				  payment claimed, calculated by multiplying the weight of non-CRT-containing
				  CEWs specified in subsection (e)(1) of this Section by the Standard Statewide
				  Combined Recovery and Recycling Payment Rate.
(3) If the amount in subsection (1) of this
				  Section includes CEWs from outside California or previously cancelled
				  materials, then the recycler shall reduce the payment claim to reflect these
				  corrections by adjusting the weights.
(4) For each claimed non-CRT-containing CEWs,
				  the recycler shall record and report the manufacturer name, model number, and
				  the weight of each device prior to cancellation.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.3 - Electronic Waste Payment System - Recycling Payment Claims › Section 18660.30 - Calrecycle Review of Recycling Payment Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CalRecycle shall review a recycling
				  payment claim and determine if a recycling payment is due pursuant to this
				  Chapter. If CalRecycle has cause to investigate any aspect of a claim, the
				  review may be extended until resolution of all issues aspects under
				  investigation.
(b) CalRecycle may
				  deny or adjust payment for any of the following reasons:
(1) CalRecycle determines that:
(A) The signature on the claim is not that of
				  a person with signature authority for recycling payment claims as designated
				  pursuant to Section
				  18660.11 of this
				  Chapter.
(B) The recycler did not
				  have current approval for the reporting period or the cancellation period in
				  the claim.
(C) The approved
				  recycler failed to meet the requirements in this Chapter or committed an
				  activity prohibited in this Chapter.
(D) The payment claim contains a numerical
				  discrepancy between values or calculations reported on the claim and CalRecycle
				  verified values and calculations.
(E) The facility has not been inspected by
				  DTSC within the past 12 months, as specified in Section
				  42479(b)(2)(A) of
				  the Public Resources Code.
(F) The
				  recycler is ineligible for payment pursuant to Section
				  42479(b)(1)
				  of the Public Resources Code.
(G)
				  The payment claim is deficient with regard to any of the following:
1. CEW source documentation
2. CEW transfer documentation
3. CEW processing documentation
4. Treatment residual disposition
				  documentation
5. Any other
				  documentation required as part of a payment claim as specified in Sections
				  18660.22 through
				  18660.25 of this
				  Chapter.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.3 - Electronic Waste Payment System - Recycling Payment Claims › Section 18660.31 - Appeal of Denied or Adjusted Recycling Payment Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An approved recycler shall submit an
				  appeal in writing to the CalRecycle main business office, to the attention of
				  the Legal Office, within 30 calendar days of the date of the notice denying or
				  adjusting the claim. The recycler shall clearly mark the outside of the package
				  containing the appeal with: "Covered Electronic Waste Claim Appeal
				  Enclosed".
(b) Any appeal received
				  by CalRecycle after 30 calendar days from the date of the claim denial or
				  adjustment notice from CalRecycle shall be denied without a hearing or
				  consideration of the appeal.
(c) An
				  approved recycler shall include all of the following information in a written
				  appeal:
(1) The recycler's name and
				  identification number from its proof of approval.
(2) The month(s) and year(s) in
				  question.
(3) A copy of the
				  recycling payment claim and the notice denying the claim, or a copy of the
				  remittance advice if a payment adjustment is being appealed.
(4) An explanation of why the adjustment or
				  denial was in error.
(5) Any other
				  documentation that supports the appeal.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.4 - Electronic Waste Payment System - Cancellation Methods, Recovery Payment Rate, and Combined Recovery and Recycling Payment Rates › Section 18660.32 - Cancellation Methods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  CalRecycle shall not pay recycling payment claims unless the cancellation
				  method used meets the requirements of this Section.
(b) An approved recycler shall not use or
				  propose cancellation methods that are inconsistent with any DTSC requirements
				  for handling or otherwise processing CEWs.
(c) An approved recycler may use the
				  following standard CEW cancellation methods that qualify for recycling payments
				  as specified in the requirements of this Chapter:
(1) CRT or CRT-containing CEW cancellation
				  through dismantling to a bare CRT after relieving the vacuum.
(2) Cancellation of non-CRT-containing CEWs
				  through dismantling to a bare panel.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.4 - Electronic Waste Payment System - Cancellation Methods, Recovery Payment Rate, and Combined Recovery and Recycling Payment Rates › Section 18660.33 - Standard Statewide Recovery Payment Rate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  approved recycler shall pay an approved collector the Standard Statewide
				  Recovery Payment Rate for all CEWs transferred to the recycler that are
				  accompanied by applicable source documentation pursuant to Section
				  18660.20(h) of
				  this Chapter regardless of the real or anticipated disposition of the
				  CEWs.
(b) Beginning July 1, 2024,
				  the Standard Statewide Recovery Payment Rate is $0.40 per pound.
(c) CalRecycle shall review the Standard
				  Statewide Recovery Payment Rate at a public meeting and establish the rate
				  pursuant to Section 42477 of the Public Resources Code.
Note: Authority cited: Sections 40502, 42475(b) and
						42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477,
						42478 and 42479, Public Resources Code.
Note: Authority cited: Sections
						40502,
						42475(b)
						and
						42475.2,
						Public Resources Code. Reference: Sections
						42475(a),
						42476,
						42477,
						42478
						and
						42479,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.4 - Electronic Waste Payment System - Cancellation Methods, Recovery Payment Rate, and Combined Recovery and Recycling Payment Rates › Section 18660.34 - Standard Statewide Combined Recovery and Recycling Payment Rates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  CalRecycle shall pay an approved recycler the Standard Statewide Combined
				  Recovery and Recycling Payment Rates for the weight of CRT and non-CRT CEW
				  cancelled and claimed pursuant to the requirements of this Chapter, which
				  includes a component for recovery costs and a component for recycling
				  costs.
(b) Beginning July 1, 2024,
				  the Standard Statewide Combined Recovery and Recycling Payment Rates are:
(1) $1.13 per pound for CRT CEW.
(2) $1.15 per pound for non-CRT
				  CEW.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.5 - Electronic Waste Payment System - Manufacturer Payments › Section 18660.35 - Manufacturer Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A manufacturer may apply to become
				  registered, to renew an existing registration, or to revise an existing
				  registration at any time by submitting a complete application.
(b) In an application for registration,
				  manufacturers shall provide the following general information:
(1) Name of manufacturer.
(2) Mailing address and physical
				  address.
(3) Name of the employee
				  or officer of the manufacturer who is the contact person.
(4) Telephone number(s) of the contact
				  person.
(5) An e-mail address of
				  the contact person.
(6) Name of the
				  employee or officer of the manufacturer who is the primary applicant authorized
				  to sign:
(A) Payment claims.
(B) Reports.
(C) Other payment-related documentation or
				  correspondence required by CalRecycle.
(7) Name of the employee or officer of the
				  manufacturer (if any), in addition to the primary applicant, who is authorized
				  to sign:
(A) Payment claims.
(B) Reports.
(C) Other-payment related documentation or
				  correspondence required by CalRecycle.
(8) An indication of whether the manufacturer
				  wishes to be included in an on-line registry.
(9) The location in which the records
				  required by this Chapter will be maintained.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.5 - Electronic Waste Payment System - Manufacturer Payments › Section 18660.36 - Requirements for a Registered Manufacturer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon registration with CalRecycle, a
				  registered manufacturer may claim manufacturer payments for those CEWs received
				  by the manufacturer's take back program after the effective date of
				  registration and processed for recycling as specified in Section
				  18660.6(i)(3) of
				  this Chapter.
(b) A registered
				  manufacturer shall determine if CEWs received by the manufacturer's take back
				  program and processed for recycling are from California sources or from
				  non-California sources and shall keep track of those materials
				  separately.
(c) A registered
				  manufacturer shall not request payment for non-California CEWs.
(d) A registered manufacturer shall not
				  request payment for previously cancelled CEWs.
(e) A registered manufacturer shall ensure
				  that any CEW on which the manufacturer has claimed manufacturer payment does
				  not enter the recovery and recycling payment system.
(f) The recycling operation used by a
				  registered manufacturer shall operate in accordance with all Federal, State and
				  local laws and regulations.
(g) In
				  addition to the general record keeping requirements in Section
				  18660.8 of this Chapter, a
				  registered manufacturer shall obtain and maintain the following records:
(1) A written description of the take back
				  program, including the type of consumers from whom CEWs are accepted for take
				  back.
(2) A record of the number of
				  CEWs collected by the product categories defined in Section
				  18660.5(a)(31) of
				  this Chapter.
(3) Records of
				  transfers by load to the recycling operation used by the registered
				  manufacturer, including signed and dated receipts showing the weight and number
				  of CEWs transferred.
(4) Written
				  description of any activity, such as packaging and consolidation, which
				  explains any discrepancy between the CEWs received through the take back
				  program and the CEWs transferred to the recycling operation used by the
				  manufacturer.
(5) Records showing
				  any CEWs received through the take back program that are reused, repaired,
				  refurbished or otherwise returned to use.
(6) Records showing any CEWs received through
				  the take back program that are transferred to another entity without being
				  processed for recycling.
(7)
				  Records showing the processing for recycling of CEWs by number, screen size,
				  weight, date and recycling method that results in cancellation as specified in
				  Section 18660.32 of this Chapter or an
				  equivalent result.
(8) Complete
				  records of all claims, attachments and supporting documentation for all
				  recycling payment claims made to CalRecycle.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.5 - Electronic Waste Payment System - Manufacturer Payments › Section 18660.37 - Manufacturer Payment Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A registered manufacturer shall base a
				  manufacturer payment claim on the number of CEWs processed for recycling by
				  screen size(s) as listed in Section
				  42464(a)
				  of the Public Resources Code.
(b) A
				  registered manufacturer shall submit all of the following general information
				  in a claim for manufacturer payments from CalRecycle:
(1) The full name, mailing address,
				  registration number, and federal tax identification number of the registered
				  manufacturer preparing the claim.
(2) The name and phone number of a contact
				  person for purposes of the claim.
(3) The period of time covered by the claim
				  and date of preparation of the claim.
(4) The number of CEW devices claimed:
(A) In each product category as defined in
				  Section 18660.5(a)(31).
(B) By screen size as listed in Section
				  42464(a)
				  of the Public Resources Code.
(5) The total monetary amount being claimed,
				  as calculated in subsection (f) of this Section.
(6) The signature and title of a person with
				  signature authority for payment claims as designated pursuant to Section
				  18660.35(b)(6) or
				  (7) of this Article. The signature block
				  shall include the following certification statements:
(A) "I hereby declare under penalty of
				  perjury that:"
1. "All claimed CEWs were
				  received from California sources through the manufacture take back program
				  described in the manufacturer registration."
2. "All claimed CEWs have been processed for
				  recycling in a manner that results in cancellation as specified in Section
				  18660.32 of this Chapter or an
				  equivalent result."
3. "No claimed
				  CEWs were transferred into the recovery and recycling payment
				  system."
4. "I have certified the
				  number of devices and verified the calculations."
5. "This payment claim, including any and all
				  accompanying documents, has been examined by me and is true, correct and
				  complete."
6. "I understand that
				  errors or omissions on my part may result in Cal-Recycle delaying or denying
				  payment"
7. "I further understand
				  that fraud could result in revocation of the manufacturer
				  registration."
(7) The date and place the claim was
				  signed.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.5 - Electronic Waste Payment System - Manufacturer Payments › Section 18660.38 - Calrecycle Review of Manufacturer Payment Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CalRecycle shall review a manufacturer
				  payment claim and determine if a manufacturer payment is due pursuant to this
				  Chapter. If CalRecycle has cause to investigate any aspect of a claim, the
				  review will be extended until resolution of all issues aspects under
				  investigation.
(b) CalRecycle may
				  deny payment for any of the following reasons:
(1) CalRecycle determines that:
(A) The signature on the claim is not that of
				  a person with signature authority for registered manufacturer payment claims as
				  designated pursuant to Section
				  18660.35(b)(6) or
				  (7) of this Article.
(B) The registered manufacturer did not have
				  current registration for the claim period.
(C) The registered manufacturer failed to
				  meet the requirements in this Chapter or committed an activity prohibited in
				  this Chapter.
(D) The payment claim
				  contains a numerical discrepancy between values or calculations reported on the
				  claim and CalRecycle verified values and calculations.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.5 - Electronic Waste Payment System - Manufacturer Payments › Section 18660.39 - Appeal of Denied or Adjusted Manufacturer Payment Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A registered manufacturer shall submit an
				  appeal in writing to the CalRecycle main business office, to the attention of
				  the Legal Office, within 30 calendar days of the date of the notice denying or
				  adjusting the claim. The registered manufacturer shall clearly mark the outside
				  of the package containing the appeal with: "Electronic Manufacturer Claim
				  Appeal Enclosed".
(b) Any appeal
				  received by CalRecycle after 30 calendar days from the date of the claim denial
				  or adjustment notice from CalRecycle shall be denied without a hearing or
				  consideration of the appeal.
(c) A
				  registered manufacturer shall include all of the following information in a
				  written appeal:
(1) The registered
				  manufacturer's name and registration.
(2) The month(s) and year(s) in
				  question.
(3) A copy of the
				  manufacturer payment claim and the notice denying the claim, or a copy of the
				  remittance advice if a payment adjustment is being appealed.
(4) An explanation of why the adjustment or
				  denial was in error.
(5) Any other
				  documentation that supports the appeal.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 2.6 - Covered Electronic Waste Recycling Fee › Section 18660.40 - Fee Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The covered electronic waste recycling fee paid by a
					 consumer upon the purchase of a new or refurbished covered electronic device
					 pursuant to Section
					 42464
					 of the Public Resources Code shall be the following amounts:
(a) On or after January 1, 2024, four dollars
				  ($4), for each covered electronic device with a screen size of less than 15
				  inches measured diagonally.
(b) On
				  or after January 1, 2024, five dollars ($5), for each covered electronic device
				  with a screen size greater than or equal to 15 inches but less than 35 inches
				  measured diagonally.
(c) On or
				  after January 1, 2024, six dollars ($6), for each covered electronic device
				  with a screen size greater than or equal to 35 inches measured
				  diagonally.
Note: Authority cited: Sections
						40502
						and
						42475.2,
						Public Resources Code. Reference: Sections
						42464,
						42464.2
						and
						42464.4,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 3 - Manufacturer Reporting › Section 18660.41 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each manufacturer as defined by Section
					 42463(q)
					 of the Public Resources Code shall submit an annual report to CalRecycle on or
					 before July 1, 2005, and annually thereafter, for the period of the previous
					 calendar year. Each manufacturer shall report information by brand name of
					 covered electronic devices sold in the state.
(a) The report shall include the following:
(1) Name and address of the manufacturer; and
				  name, address, phone number, and email address for a contact person of the
				  manufacturer.
(2) The information
				  elements, as described in Section
				  42465.2
				  of the Public Resources Code and specified in Sections
				  18660.41(b) through
				  (f), below.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 4 - Consumer Information Required of a Manufacturer › Section 18660.42 - Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A manufacturer shall do the following:
(a) Make the consumer information required by
				  Section
				  42465.2(a)(2)
				  of the Public Resources Code available in English and Spanish; and
(b) If a manufacturer uses a centralized
				  database or Internet site to meet the requirement in (a), the manufacturer must
				  maintain the databases or Internet site for their accuracy.
1. New
					 article 4 (section
					 18660.42) and section filed
					 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20).
					 Pursuant to Public Resources Code section
					 42475.2(b)
					 a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Repealer and new article 4 (section
					 18660.42) and section filed
					 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51).
					 Pursuant to Public Resources Code section
					 42475.2(b),
					 emergency language will be repealed by operation of law on 12-14-2006. A
					 Certificate of Compliance must be transmitted to and approved by OAL prior to
					 that day.
3. Certificate of Compliance as to 12-13-2004 order
					 transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources
					 Code section
					 42475.2(b)
					 (Register 2006, No. 48).
Note: Authority cited: Sections
						40502,
						42475(b)
						and
						42475.2,
						Public Resources Code. Reference: Section
						42465.2,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 5 - Confidential, Proprietary and Trade Secret Information › Section 18660.43 - Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The protection from disclosure of information or the
					 disclosure of information submitted to CalRecycle by a collector, a recycler,
					 or a manufacturer of covered electronic devices, pursuant to this Chapter,
					 shall be governed by the standards adopted by CalRecycle found at Sections
					 17041 through
					 17046, of this
					 Title.
1. New
					 article 5 (section
					 18660.43) and section filed
					 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20).
					 Pursuant to Public Resources Code section
					 42475.2(b)
					 a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Repealer and new article 5 (section
					 18660.43) and section filed
					 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51).
					 Pursuant to Public Resources Code section
					 42475.2(b),
					 emergency language will be repealed by operation of law on 12-14-2006. A
					 Certificate of Compliance must be transmitted to and approved by OAL prior to
					 that day.
3. Certificate of Compliance as to 12-13-2004 order
					 transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources
					 Code section
					 42475.2(b)
					 (Register 2006, No. 48).
4. Change without regulatory effect
					 amending section filed 10-29-2012 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 44).
Note: Authority cited: Sections
						40502,
						42475(b)
						and
						42475.2,
						Public Resources Code. Reference: Sections
						42465.2(c)
						and
						42475(c),
						Public Resources Code
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 6 - Administrative Civil Penalties › Section 18660.44 - Procedure for Imposing Civil Liabilities for False Statements or Representations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Administrative civil penalties authorized
				  by Public Resources Code Section
				  42474(d)
				  shall be assessed in accordance with the procedures set forth in this
				  Section.
(b) The penalties shall be
				  assessed as follows:
(1) A "Minor" violation
				  means first-time violations where the gravity of the violation is severe. The
				  penalties for this type of violation shall be no less than five hundred dollars
				  ($500) and no more than four thousand dollars ($4,000).
(2) A "Moderate" violation means subsequent
				  or multiple violations occurring at one time. The penalties for this type of
				  violation shall be no less than four thousand dollars ($4,000) and no more than
				  fifteen thousand dollars ($15,000).
(3) A "Major" violation means violations that
				  indicate a pattern and practice of noncompliance, or intentional violations.
				  The penalties for this type of violation shall be no less than fifteen thousand
				  dollars ($15,000) and no more than twenty-five thousand dollars
				  ($25,000).
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 8.2 - Electronic Waste Recovery and Recycling › Article 6 - Administrative Civil Penalties › Section 18660.45 - Procedure for Imposing Civil Liabilities for Failure to Pay a Covered Electronic Waste Recycling Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The administrative procedure set forth in
				  Section 18660.44(c)-(i)
				  shall apply to any civil liability administratively imposed pursuant to Public
				  Resources Code Section
				  42474(a).
(b) The hearing shall be governed by the
				  informal administrative hearing procedures in Chapter 4.5 of Part 1 of Division
				  3 of Title 2 of the Government Code, commencing with Section
				  11400.
1. New
					 section filed 10-5-2015 as an emergency; operative 10-5-2015 (Register 2015,
					 No. 41). Pursuant to Public Resources Code section
					 42475.2(b),
					 this is a statutorily deemed emergency, and the emergency language remains in
					 effect until 10-5-2017 unless a Certificate of Compliance is transmitted to and
					 approved by OAL, or the emergency language is revised by the Department prior
					 to that date, whichever occurs sooner.
2. New section refiled
					 8-28-2017 as an emergency; operative 10-6-2017 (Register 2017, No. 35).
					 Pursuant to Public Resources Code section
					 42475.2(b),
					 this is a statutorily deemed emergency, and the emergency language remains in
					 effect until 10-6-2019 unless a Certificate of Compliance is transmitted to and
					 approved by OAL, or the emergency language is revised by the Department prior
					 to that date, whichever occurs sooner.
3. Certificate of Compliance
					 as to 5-30-2018 order transmitted to OAL 8-3-2018 and filed 9-17-2018 (Register
					 2018, No. 38).
Note: Authority cited: Sections
						40502,
						42475(b)
						and
						42475.2,
						Public Resources Code. Reference: Sections
						42474,
						42476,
						42477,
						42478
						and
						42479,
						Public Resources Code.