California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 4 - Regulations to Achieve Greenhouse Gas Emission Reductions › Subarticle 4 - Small Containers of Automotive Refrigerant › Section 95366 - Container Deposit and Return Program Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except
						for small containers of automotive refrigerant exempted under section
						95364 of this subarticle, on or
						after January 1, 2010, and subject to the provisions of section
						95367, a retailer of a small
						container of automotive refrigerant that is subject to the requirements of this
						subarticle must:
(1) Collect a deposit from
						the consumer or charge the consumer's account for each small container of
						automotive refrigerant at the time of sale.
(2) The amount of deposit on each small
						container is set at $10.
(3) Return
						the deposit to the consumer, or credit the consumer's account when the consumer
						returns a used small container of automotive refrigerant to the retailer,
						provided that the consumer returns the used container of refrigerant to the
						retailer where purchased within 90 days of purchase, submits proof of purchase
						(e.g., cash register receipt), and provided that the container has not been
						breached. A retailer may return the deposit at his discretion if more than 90
						days have elapsed, the consumer does not have a receipt, if the consumer
						returns the container to a location other than the place of purchase, or if the
						container has been breached.
(4)
						All deposits collected under section
						95366(a)(1) that
						are not returned or refunded to consumers under section
						95366(a)(3) must
						be transferred to the manufacturer or its designee. Transfers must be made
						annually by April 1 and include all such deposits collected from January
						through December of the preceding calendar year.
(5) If the amount of deposits that a retailer
						returns or refunds to consumers under section
						95366(a)(3)
						exceeds the amount of deposits collected by that retailer under section
						95366(a)(1)
						during the time period beginning with April 13, 2017 and ending December 31,
						2017, that retailer may elect to defer the transfer of the deposits collected
						under 95366(a)(1) during the specified time period until the immediately
						following reporting period. A retailer electing to utilize this option must
						include such deferred deposits in the deposits required to be transferred to
						manufacturers or their designees under section
						95366(a)(4) in
						the subsequent reporting period and must additionally indicate that it has
						elected to utilize this option in the reports it is required to maintain
						pursuant to section
						95369(b).
(6) Accumulate and store any used small
						container of automotive refrigerant for transfer to the manufacturer or its
						designee, and segregate breached returned small containers from non-breached
						returned small containers. The manufacturer will, along with each participating
						retailer/distributor, identify or provide collection bins, totes, or boxes that
						work in a complementary fashion within each retailer/distributors' current
						established distribution best practice for like merchandise, facilitating their
						ability to segregate breached small containers. Likewise, it will be the
						manufacturer's responsibility to identify each retailer/distributor's most
						complementary manner of transport and return of returned small containers of
						automotive refrigerant to the recovery/recycle facilities.