California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 5 - Division of Recycling › Subchapter 4 - Distributors › Article 1 - Distributor Requirements › Section 2320 - Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The distributor
					 shall pay to the Division the total redemption payment for all beverage
					 containers, including all containers which bear the message as required in
					 Section 14561 of the Act, sold or
					 transferred to dealers or consumers, less the administrative fee authorized in
					 Section 14574 of the Act. Notwithstanding
					 any other provisions of this subchapter, this administrative fee shall not be
					 deducted from the calculated redemption payment, if the Division calculates the
					 redemption payment owed by the distributor to the Division.
(b) Redemption Payments. The distributor
					 shall compute the total redemption payment, by material type, by multiplying
					 the number of beverage containers, including all containers which bear the
					 message as required in Section
					 14561 of the Act, reported
					 pursuant to section
					 2310(a), by the
					 currently effective redemption payment per container for that material type.
					 The currently effective redemption payment shall also be applicable for all
					 containers which bear the message as required in Section
					 14561 of the Act.
(c) The redemption payment per container is
					 determined by the Division pursuant to section
					 14560 of the Act and section
					 2900(b) of
					 subchapter 12 of these regulations.
(d) The sum of the individual redemption
					 payments by material type computed pursuant to subsection (b), shall equal the
					 total redemption payment for the reporting period.
(e) Total Payment Due. The total payment due
					 to the Division for each reporting period is calculated by subtracting the
					 administrative fee computed pursuant to Section
					 14574(a) of the
					 Act from the total redemption payment computed pursuant to subsection
					 (b).
(f) Recycling Center Handling
					 Fee. The distributor shall negotiate a handling fee with each recycling center
					 which returns or causes to be returned empty refillable beer or other
					 refillable malt containers.
(g)
					 Redemption Payment Due Date. The redemption payment for sales or transfers of
					 beverage containers is due to the Division in accordance with the requirements
					 set forth in Section
					 14574 of the Act.
1.
						Renumbering and amendment of former section
						2723 to section
						2320 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. Amendment of subsection (a)
						filed 9-27-96; operative 9-27-96 pursuant to Government Code section
						11343.4(d)
						(Register 96, No. 39).
3. Amendment filed 12-6-96; operative 12-6-96
						(Register 96, No. 49).
4. Amendment of subsections (a) and (e) filed
						1-24-2000 as an emergency pursuant to Public Resources Code section
						14536(a);
						operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not
						automatically deemed an emergency pursuant to Public Resources Code section
						14536(b)(2)
						and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or
						emergency language will be repealed by operation of law on the following
						day.
5. Amendment of subsections (a) and (e) refiled 4-17-2000 as an
						emergency pursuant to Public Resources Code section
						14536(a);
						operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not
						automatically deemed an emergency pursuant to Public Resources Code section
						14536(b)(2)
						and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or
						emergency language will be repealed by operation of law on the following
						day.
6. Amendment of subsections (a) and (e) refiled 8-11-2000 as an
						emergency pursuant to Public Resources Code section
						14536(a);
						operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not
						automatically deemed an emergency pursuant to Public Resources Code section
						14536(b)(2)
						and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or
						emergency language will be repealed by operation of law on the following
						day.
7. Certificate of Compliance as to 8-11-2000 order transmitted
						to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
8.
						Change without regulatory effect amending subsections (a)-(b) filed 4-16-2001
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 16).
9. Editorial correction of
						subsection (b) (Register 2001, No. 40).
10. Amendment of subsection
						(b) filed 12-3-2002; operative 1-2-2003 (Register 2002, No. 49).
11.
						Change without regulatory effect amending subsections (a) and (b) filed
						3-29-2004 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2004, No. 14).
12. Amendment of subsection
						(a), repealer of subsection (e) and subsection relettering filed 12-5-2006 as
						an emergency; operative 12-5-2006 (Register 2006, No. 49). A Certificate of
						Compliance must be transmitted to OAL by 4-4-2007 or emergency language will be
						repealed by operation of law on the following day.
13. Amendment of
						subsection (a), repealer of subsection (e) and subsection relettering refiled
						3-26-2007 as an emergency; operative 4-4-2007 (Register 2007, No. 13). A
						Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency
						language will be repealed by operation of law on the following
						day.
14. Certificate of Compliance as to 3-26-2007 order transmitted
						to OAL 6-5-2007 and filed 7-17-2007 (Register 2007, No. 29).
15.
						Amendment of subsection (e) filed 4-8-2009; operative 5-8-2009 (Register 2009,
						No. 15).
16. New subsection (g) filed 12-21-2009 as an emergency;
						operative 12-21-2009. Submitted to OAL pursuant to Public Resources Code
						section
						14536(b),
						which provides that the regulation shall be deemed an emergency, shall not be
						repealed by the Office of Administrative Law, and shall remain in effect until
						revised by the director of the Department of Conservation (Register 2009, No.
						52).
17. Amendment of subsection (g) and NOTE filed 8-2-2012;
						operative 9-1-2012 (Register 2012, No. 31).
Note: Authority cited: Sections
						  14530.5
						  and
						  14536,
						  Public Resources Code. Reference: Sections
						  14505,
						  14523,
						  14560,
						  14561,
						  14572.5
						  and
						  14574,
						  Public Resources Code.