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 1 - General › Section 18660.5 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this Chapter, the following shall apply:
(1) "Act" or "the Act" means the Electronic
				  Waste Recycling Act of 2003 (Senate Bill 20, Chapter 526, Statutes of 2003), as
				  amended.
(2) "Approved Collector"
				  means an authorized collector as defined in Section
				  42463(b)
				  of the Public Resources Code who applies to CalRecycle for approval and whose
				  application is approved pursuant to this Chapter and therefore may be eligible
				  for recovery payments from approved recyclers.
(3) "Approved Dual Entity" means an entity
				  that is both an "approved collector" and an "approved recycler" as defined in
				  this Section.
(4) "Approved
				  Recycler" means a "covered electronic waste recycler" as defined in Section
				  42463(j)
				  of the Public Resources Code who applies to CalRecycle for approval and whose
				  application is approved pursuant to this Chapter and therefore may be eligible
				  for recycling payments from CalRecycle.
(5) "Bare CRT" means a Cathode Ray Tube with
				  the vacuum relieved and the yoke removed that has been separated from the
				  device housing and has had all circuit boards, wiring and other components
				  detached from the tube.
(6) "Bare
				  Panel" means an LCD, plasma, or other non-CRT video display panel that has been
				  separated from the device housing and has had all circuit boards, lamps, wiring
				  and other components detached from the panel. Lamps may remain affixed to an
				  otherwise bare panel only if they cannot be removed without breaking.
(7) "Cancellation" means a processing or
				  treatment method that qualifies CEWs for recycling payments, removes the CEWs
				  from the payment system eliminating the possibility of double payments,
				  dismantles or destroys the original CEW, and results in treatment residuals as
				  specified in Section
				  18660.32 of this
				  Chapter.
(8) "Claim Activity
				  Period" means the span of time during which an approved recycler received CEWs
				  from approved collectors, processed and cancelled CEWs, and shipped treatment
				  residuals, as required, that results in a recycling payment claim being
				  submitted to CalRecycle.
(9) "CRT"
				  means a Cathode Ray Tube with the yoke still attached that has been separated
				  from a CRT device.
(10) "CRT
				  device" means a whole covered electronic device containing a Cathode Ray
				  Tube.
(11) "California Source"
				  means persons, as defined in Section
				  42463(r)
				  of the Public Resources Code, located in California who generate CEWs after
				  their own use of a CED. Persons who receive, accumulate, consolidate, store, or
				  otherwise handle discarded, donated or collected CEWs are not the California
				  sources of those CEWs.
(12)
				  "CalRecycle" means the Department of Resources Recycling and
				  Recovery.
(13) "Collection log"
				  means a record maintained by an approved collector that records CEW collection
				  activities as specified in Section
				  18660.20(j) of
				  this Chapter.
(14) "Collective
				  Report" means a report submitted to CalRecycle through a trade association, a
				  group of associations, or other organization that represents more than one
				  manufacturer.
(15) "Commingled"
				  means mixed together and impossible to economically or practically
				  separate.
(16) "Covered Electronic
				  Device" or "CED", through and including December 31, 2024, has the same
				  meaning, for the purposes of this Chapter, as a covered electronic device
				  specified in Section
				  42463(g)(1)(A) of
				  the Public Resources Code.
(17)
				  "Covered Electronic Waste" or "CEW", through and including December 31, 2024,
				  means a discarded device that DTSC has determined to be a covered electronic
				  device, as specified by Section
				  42463(g)(1)(A) of
				  the Public Resources Code.
(18)
				  "Designated Approved Collector" means an approved collector, as defined in
				  subsection (a)(2) of this section, that has been designated by a California
				  Local Government to provide CEW collection services for or on behalf of the
				  Local Government in accordance with Article 7 of this Chapter.
(19) "DTSC" means the Department of Toxic
				  Substances Control.
(20) "Further
				  treat" means, for the purposes of this Chapter, activities such as crushing,
				  size reduction, washing, cleaning, smelting, or similar steps taken to process
				  the treatment residual and alter its physical form or characteristics. "Further
				  treat" does not mean, for the purposes of this Chapter, receiving, storing,
				  accumulating, consolidating, brokering, shipping, disposing or other similar
				  activities that do not alter the physical form or characteristics of the
				  treatment residual.
(21) "Handler",
				  for the purposes of this Chapter, has the same meaning as a universal waste
				  handler or CRT material handler, as applicable, as defined in Section
				  66273.9 of Title 22 of the
				  California Code of Regulations.
(22) "Illegal Disposal" means, for the
				  purposes of this Chapter, the disposal or placement of CEWs on a property
				  without the permission of the owner(s) of, or responsible party(ies) for, the
				  property.
(23) "Initial
				  Destination" means, for the purposes of this Chapter, the location(s) to which
				  treatment residuals are initially shipped by an approved recycler.
(24) "Load" means a single transfer (a pick
				  up or delivery) of CEWs, such as from a California source to a collector or
				  from a collector to a recycler.
(25) "Load Check Activities" means, for the
				  purposes of this Chapter, the efforts made to identify, retrieve and divert
				  from the disposed solid waste stream those CEWs that have been illegally
				  discarded by generators. "Load Check Activities" do not include the rejection
				  or acceptance of CEWs due to the lack of source documentation.
(26) "Manufacturer Payment" or "Manufacturer
				  Take Back Payment" means a payment made by CalRecycle to a registered
				  manufacturer that takes back covered electronic wastes (CEWs) from a California
				  source for the purposes of recycling the CEW pursuant to Section
				  42476(h)
				  of the Public Resources Code.
(27)
				  "Manufacturer Payment Claim" means a registered manufacturer's request
				  submitted to CalRecycle with all required documentation for a manufacturer
				  payment.
(28) "Manufacturer Take
				  Back" means a program administered by a registered manufacturer that accepts
				  CEWs from California sources for the purposes of recycling.
(29) "PBBs" mean Polybrominated
				  Biphenyls.
(30) "Processing log"
				  means a record maintained by an approved recycler that records CEW activities
				  associated with CEW cancellation, such as but not limited to weighing and
				  dismantling, as specified in Section
				  18660.21(b) of
				  this Chapter.
(31) "Product
				  Category", through and including December 31, 2024, means the types of covered
				  electronic devices as defined in Section
				  42463(g)(1)(A) of
				  the Public Resources Code. These categories include, but are not limited to,
				  the following:
(A) Cathode Ray Tubes (CRTs)
				  devices used in televisions,
(B)
				  CRTs devices used in monitors,
(C)
				  Liquid Crystal Display (LCD) monitors,
(D) Laptop computers containing LCD
				  screens,
(E) LCD
				  televisions,
(F) Plasma display
				  televisions, and
(G) Other video
				  display devices as specified by the DTSC pursuant to Section
				  25214.10.1(b)
				  of the Health and Safety Code.
(32) "Proof of Approval" means the status of
				  an approved collector or approved recycler, as portrayed on the CalRecycle
				  website. The Proof of Approval is associated with an unique identification
				  number issued by CalRecycle to identify a collector or recycler as being
				  approved pursuant to this Chapter.
(33) "Proof of Designation" means a document
				  issued by a California Local Government to a Designated Approved Collector in
				  accordance with Article 7 of this Chapter.
(34) "Receiving log" means a record
				  maintained by an approved recycler that documents CEW transfers from approved
				  collectors to the approved recycler.
(35) "Recovery payment" means the payment
				  made by an approved recycler to an approved collector in exchange for the
				  transfer of CEWs pursuant to Section
				  42477
				  of the Public Resources Code.
(36)
				  "Recovery payment request" means an approved collector's request for recovery
				  payment made to an approved recycler accompanying the transfer of
				  CEWs.
(37) "Recycling payment"
				  means the payment made by CalRecycle to an approved recycler that includes a
				  recovery component related to recycler payments to collectors pursuant to
				  Section
				  42477
				  of the Public Resources Code and a recycling component for CEW cancellation
				  pursuant to Section
				  42478
				  of the Public Resources Code.
(38)
				  "Recycling payment claim" means an approved recycler's claim that includes all
				  required documentation submitted to CalRecycle for recycling payments for
				  cancelled CEWs.
(39) "Registered
				  Manufacturer" means a manufacturer as defined in Section
				  42463(q)
				  of the Public Resources Code who registers with CalRecycle pursuant to this
				  Chapter and therefore may be eligible for manufacturer payments from
				  CalRecycle.
(40) "Source-anonymous
				  CEWs" means CEWs whose originating California source cannot be identified in
				  collection log information required pursuant to Section
				  18660.20(j)(1)(B)
				  of this Chapter.
(41) "Source
				  documentation" means collection logs and other information developed,
				  maintained and transferred pursuant to Section
				  18660.20(h) of
				  this Chapter that demonstrates the eligibility, originating generator or
				  intermediate handlers of collected CEWs as applicable.
(42) "Standard Statewide Recovery Payment
				  Rate" means the amount paid to an approved collector per pound of CEWs
				  transferred to an approved recycler to cover the cost of collection,
				  consolidation and transportation of CEWs as established pursuant to Section
				  42477
				  of the Public Resources Code.
(43)
				  "Standard Statewide Combined Recycling and Recovery Payment Rates" means the
				  amount paid to an approved recycler per pound of CEWs cancelled and claimed to
				  cover the cost of receiving, processing and recycling CEWs as established
				  pursuant to Section
				  42478
				  of the Public Resources Code, and making recovery payments to approved
				  collectors.
(44) "Transfer" or
				  "Transferred" means physically changing possession of CEWs, such as a transfer
				  from a California source to a collector or from a collector to a
				  recycler.
(45) "Transfer
				  documentation" means, for the purposes of this Chapter, records or receipts
				  that record the transfer of CEWs from an approved collector to an approved
				  recycler, which include the weight, number, and source of the transferred CEWs,
				  and the date(s) of transfer.
(46)
				  "Treatment Residuals" means any material resulting from the dismantling or
				  treatment of a CEW. Treatment residuals are not considered CEWs and are not
				  eligible for recovery or recycling payment, however the costs or revenues
				  associated with managing treatment residuals shall be factored into the net
				  cost of recycling CEW. Treatment residuals may be used to demonstrate the
				  processing of CEWs, and documentation demonstrating the subsequent movement or
				  ultimate disposition of the treatment residuals may be required as part of the
				  claim for payment submitted by an approved recycler.
(47) "Ultimate disposition" means, for the
				  purposes of this Chapter, the consumption of a treatment residual into a
				  manufacturing process or the disposal of a treatment residual at a permitted
				  disposal facility. Storage of a treatment residual at a site of generation or
				  at an intermediate facility, or accumulation of a treatment residual at a
				  location prior to consuming or disposing, is not ultimate
				  disposition.