California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 5 - Division of Recycling › Subchapter 12 - DOR Requirements › Article 2 - Processing Fees and Processing Payments › Section 2955 - Scrap Value Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division shall survey processors to
					 determine statewide weighted average scrap values paid for each beverage
					 container material type (in the case of plastic, for each resin code type) on a
					 monthly basis.
(b) The Division
					 shall calculate the statewide weighted average scrap value using a
					 statistically significant survey of the processors pursuant to paragraph
					 (a).
(c) The statewide weighted
					 average scrap value shall be equal to the quotient of the total net payment by
					 the sampled processors to nonaffiliated recyclers divided by the total volume
					 of beverage container material types purchased by the sampled processors from
					 nonaffiliated recyclers, excluding beverage container material types processors
					 receive in a form mixed with other beverage container material types and/or
					 material types not covered by the Act.
(d) The scrap values reported in (c) above
					 will then be used to determine a per container statewide weighted average scrap
					 value for each container type.
(e)
					 The Division may periodically sample and review processors' individual scrap
					 purchases to verify the accuracy of the aggregated weights and aggregated net
					 payments reported on the monthly Scrap Value Purchases Survey Form DOR - SV
					 (10/00). The review may include examination of the records maintained by a
					 sample of the selling entities.
(f)
					 If, through this review the Division determines that either or both of the
					 sampled weights and sampled net payments reported by a processor differ by more
					 than ten percent (.10) from those recorded by the sellers, the Division shall
					 adjust the reported aggregate weights or aggregate net payments or both to
					 reflect the discovered difference.
1.
						Renumbering and amendment of former section
						2955 to section
						2655, and renumbering and
						amendment of former sections
						2820 and
						2825 to section
						2955 filed 6-12-91 as a change
						without regulatory effect pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 46).
2. Repealer of subsection (a) and
						subsection relettering, amendment of newly designated subsections (a)-(d), new
						subsections (e) and (f), and new Form DC DOR 12-92 filed 12-30-92 as an
						emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance
						must be transmitted to OAL 4-29-93 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 12-30-92 order including amendments transmitted to OAL 6-18-93 and filed
						7-28-93 (Register 93, No. 31).
4. Amendment of subsection (c) filed
						1-3-94 as an emergency pursuant to Public Resources Code section
						14581.5(e)(2);
						operative 1-3-94 (Register 94, No.1). A Certificate of Compliance must be
						transmitted to OAL by 7-2-94 or emergency language will be repealed by
						operation of law on the following day.
5. Amendment of subsection
						(c) refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A
						Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency
						language will be repealed by operation of law on the following
						day.
6. Certificate of Compliance as to 4-26-94 order transmitted to
						OAL 8-22-94 with amendment of subsections (c) and (e) and filed 9-28-94
						(Register 94, No. 39).
7. Amendment of subsections (a) and (e), NOTE
						and forms filed 2-27-95 as an emergency; operative 2-27-95. A Certificate of
						Compliance must be transmitted to OAL by 8-26-95 or emergency language will be
						repealed by operation of law on the following day.
8. Amendment of
						subsections (a)-(b), (e) and NOTE refiled 8-14-95 as an emergency; operative
						8-26-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted
						to OAL by 2-22-96 or emergency language will be repealed by operation of law on
						the following day.
9. Amendment of subsections (a), (c), (e) and
						NOTE filed 12-22-95 as an emergency pursuant to Public Resources Code section
						14536.1;
						operative 1-1-96 (Register 95, No. 51). A Certificate of Compliance must be
						transmitted to OAL by 7-1-96 or emergency language will be repealed by
						operation of law on the following day.
10. Editorial correction of
						HISTORY 9 (Register 96, No. 10).
11. Amendment of subsections (a),
						(c), (e) and NOTE refiled 6-26-96 as an emergency pursuant to Public Resources
						Code section
						14536.1;
						operative 6-30-96 (Register 96, No. 26). A Certificate of Compliance must be
						transmitted to OAL by 12-27-96 or emergency language will be repealed by
						operation of law on the following day.
12. Certificate of Compliance
						as to 6-26-96 order, including amendment of subsection (e) and Scrap Value
						Survey Form, transmitted to OAL 10-22-96 and filed 12-6-96 (Register 96, No.
						49).
13. New subsection (c)(1), amendment of subsection (e), new
						form DOR 6/98 1, and repealer and new form DOR 7/95 2 filed 7-24-98 as an
						emergency; operative 7-24-98 (Register 98, No. 30). A Certificate of Compliance
						must be transmitted to OAL by 1-22-99 pursuant to Public Resources Code section
						14536.1
						or emergency language will be repealed by operation of law on the following
						day.
14. Editorial correction of HISTORY 13 (Register 98, No.
						43).
15. Reinstatement of section as it existed prior to 7-24-98
						emergency amendment by operation of Government Code section
						11346.1(f)
						(Register 99, No. 13).
16. Amendment of section and NOTE, and new
						form DOR 7/95 2 (Rev. 7/98) filed 4-12-99 as an emergency; operative 4-12-99
						(Register 99, No. 16). A Certificate of Compliance must be transmitted to OAL
						by 10-9-99 pursuant to Public Resources Code section
						14536.1
						or emergency language will be repealed by operation of law on the following
						day.
17. Strikeout version of DOR 7/95 2 (Rev. 11/95), and a copy of
						DOR 6/98 2 (Rev. 11/98) filed with the Secretary of State 4-19-99 (Register 99,
						No. 17).
18. Reinstatement of section as it existed prior to 4-12-99
						action by operation of Government Code section
						11346.1(f)
						(Register 99, No. 43).
19. Amendment of subsections (a), (c) and
						(e), amendment of NOTE, repealer of form DOR 7/95 2, and new form DOR-SV
						(10/99) filed 12-21-99 as an emergency; operative 1-1-2000 (Register 99, No.
						52). Pursuant to Public Resources Code section
						14536.1
						a Certificate of Compliance must be transmitted to OAL by 6-29-2000 or
						emergency language will be repealed by operation of law on the following
						day.
20. Editorial correction of HISTORY 19 (Register 2000, No.
						27).
21. Reinstatement of section as it existed prior to 12-21-99
						emergency amendment pursuant to Government Code section
						11346.1(f)
						(Register 2000, No. 27).
22. Amendment of subsections (a), (c) and
						(e), amendment of NOTE, repealer of form DOR 7/95 2, and new form DOR-SV
						(10/99) filed 7-5-2000 as an emergency; operative 7-5-2000 (Register 2000, No.
						27). Pursuant to Public Resources Code section
						14536.1
						a Certificate of Compliance must be transmitted to OAL by 1-2-2001 or emergency
						language will be repealed by operation of law on the following
						day.
23. Certificate of Compliance as to 7-5-2000 order, including
						further amendment of subsections (a), (c) and (e) and revised form DOR-SV
						(10/00), transmitted to OAL 12-19-2000 and filed 1-30-2001 (Register 2001, No.
						5).
Note: Authority cited: Sections
						  14530.5(b),
						  14536
						  and
						  14536.1,
						  Public Resources Code. Reference: Sections
						  14504,
						  14515.5,
						  14518.5,
						  14519.5,
						  14526,
						  14538(b)(8),
						  14539(a)(9),
						  14575
						  and
						  18015,
						  Public Resources Code.