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(d) Community service programs proposing to alter the Division's methodology or create their own alternative methodology must apply for Division approval, in advance, pursuant to section 2725 of these regulations. A proposed alternative methodology must equal the Division's methodology in the accuracy of estimation and level of confidence in the estimation. The alternative methodology must be described in adequate detail to determine the accuracy of estimation and level of confidence in the estimation.
(e) Determination by the Division that a program has deviated from an approved methodology, demonstrated a significant lack of quality control, or misrepresented their survey results shall result in the termination of the individual commingled rate survey and/or disapproval or revocation of the individual commingled rate and a reversion to the statewide average commingled rate. The Division's adverse action may be appealed pursuant to section 2745 of these regulations.
(1) A significant lack of quality control is demonstrated when five (5) percent or more of the sample data submitted by an applicant is found to be incorrect by the Division, and is deleted from the survey pursuant to Section 2720(e)(3) below because of the following:
(A) The cumulative weight of all components of a sample deviates by more than an acceptable range of accuracy, as defined in Section 2720(e)(2) below, from the total sample taken for that material type and/or
(B) The cumulative count of containers from all components of a sample does not equal the total sample count for that material type.
(2) An acceptable range of accuracy, applicable to Section 2720(e)(1)(A) above, is the smallest variance or increment of accuracy of the applicant's scale multiplied by 2.0.
(3) The Division, upon its sole discretion, may delete incorrect data samples.
(f) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such disapproval within thirty (30) calendar days of the determination that a program has deviated from an approved methodology, demonstrated a lack of quality control, or misrepresented survey results.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14520 and 14552(a), Public Resources Code.
s 2721. Recordkeeping.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14537, 14550(b) and (c), 14561, 14571.9 and 14572.5, Public Resources Code.
s 2722. Reporting.
s 2722.1. Reporting Additional Information.
s 2723. Payments.
s 2725. Alternative Methodology Procedures.
(a) Community service programs choosing to use an alternative survey methodology shall apply to the Division for approval. Operators shall complete and submit to the Division the following documents, in originals:
(1) A completed survey application as specified in Section 2720(b);
(2) A written description of the alternative methodology procedure in detail, the steps necessary to perform the alternative survey methodology, including the equipment to be used, materials to be collected, how the materials will be analyzed, location where sampling will occur, time and days of the survey, and any other relevant details that are necessary to arrive at the individual commingled rate. The proposed alternative methodology procedure must be as detailed and inclusive as the survey methodology provided by the Division.
(b) The Division shall review all completed proposed alternative methodology requests submitted.
(c) The Division shall notify the operator of its decision, after receipt of the documents requested in this subsection, if their methodology was approved or denied, pursuant to section 2730 of these regulations.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14520 and 14552(a), Public Resources Code.
s 2730. Survey Application Processing Time.
(a) Within fifteen (15) calendar days from the receipt of the survey application, and alternative methodology procedure, if applicable, from an operator of a community service program requesting approval to use the Division's methodology or an alternative methodology to determine their program's specific individual commingled rate, the Division shall inform the applicant, in writing, that the survey application, and alternative methodology procedure, if applicable, are either complete and accepted for processing, or incomplete. If the survey application, and/or alternative methodology procedure, if applicable, are incomplete, the Division shall indicate, in writing, to the applicant what information or documentation is required. The applicant shall submit the required additional information or documentation, to the Division, postmarked no later than ten (10) calendar days from the date indicated in the Division's letter requesting additional information or documentation. Material postmarked later than ten (10) calendar days will be rejected and the application will be denied.
(b) Within fifteen (15) calendar days after the Division informs the applicant of the receipt of a complete survey application and alternative methodology procedure, if applicable, as indicated in subsection 2730(a) above, the Division shall approve or disapprove the survey application and alternative methodology procedure, if applicable.
(c) If the application is disapproved, the applicant may request an appeal pursuant to section 2745 of these regulations.
(d) The applicant may begin using the approved survey methodology for the specified survey period, after receiving written notification from the Division that the survey application and alternative methodology procedure, if applicable, has been approved.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14520 and 14552(a), Public Resources Code; and Section 15376, Government Code.
s 2731. Recordkeeping.
s 2732. Reporting.
s 2733. Payments to Consumers, Curbside Programs, Nonprofit Dropoff Programs, and Dropoff or Collection Programs.
s 2734. Receipt of Funds.
s 2735. Individual Commingled Rate Survey Audit and Results.
(a) The Division may audit any applicant's procedures and results of an approved individual commingled rate survey. The Division shall conduct its audit during the scheduled survey week for any applicant.
(b) The Division shall conduct audits. To enable the Division to conduct audits, applicants shall retain the pile of material from which the sample was taken, including the sample itself, until the completion of their daily survey. On the day of the audit, the applicant shall provide Division audit staff access to the material immediately after the applicant conducts the survey. If the applicant deviates from the approved survey time, they shall notify the Division immediately, but not less than 24 hours prior to the time of the deviation.
(c) If, in each of two separate audits, the Division determines, using standard statistical formulas, that the difference between the applicant's and the Division's proportion of California Redemption Value containers is statistically significant, the Division shall terminate the applicant's individual commingled rate survey. The difference shall be statistically significant, if the applicant's proportion is higher than the Division's, and the Division is 99% confident that the chances of the difference occurring under the applicant's approved study methodology is 5% or less.
(1) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such termination and disapproval within thirty (30) calendar days of the audit.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code.
s 2740. Receipt of Approval or Disapproval and Notification of Changes.
(a) Within sixty (60) calendar days after the Division receives the community service program's final survey results, the Division shall approve or disapprove the program's individual commingled rate.
(b) The applicant shall notify the Division,in writing, within ten (10) working days, of the occurrence of either of the following for any material for which the operator has an approved individual commingled rate:
(1) Any increase or decrease of twenty (20) percent or more in the total monthly weight from the average weight of the previous three (3) month period; or,
(2) Any increase or decrease of twenty (20) percent in the total monthly number of customer sites served by the applicant from the average number of customer sites of the previous three (3) month period.
(c) Failure to provide this notification may subject the applicant to immediate revocation of the individual commingled rate.
(d) Upon notification of operational changes, described in subsections (b)(1) or (b)(2) above, the Division may, upon its sole discretion, review and alter or revoke the individual commingled rate.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code; and Section 15376, Government Code.
s 2741. Recordkeeping.
s 2742. Reporting.
s 2743. Payments.
s 2744. Cancellation.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14572 and 14573.5, Public Resources Code.
s 2745. Individual Commingled Rate Appeals Process.
(a) In the event of the denial of a survey application, termination of an individual commingled rate survey, and/or disapproval or revocation of an individual commingled rate, community service programs may file a formal appeal by writing to the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a Letter of Denial (LED). Appeals submitted after this time period shall be rejected. All written appeals shall include:
(1) A copy of the LED; and
(2) A detailed explanation of why the determination was in error; and
(3) Any other documentation that supports the appeal.
(b) A decision on the appeal shall be sent to the program applicant, in writing, within fifteen (15) working days of receipt of the appeal.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code.
s 2750. Exemption Guidelines.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14571.8, Public Resources Code.
s 2760. Containers Per Pound Rate.
s 2770. Commingled Rate.
s 2800. Exemption Guidelines.
(a) If the number of convenience zones being reviewed for exemption,pursuant to Section 14571.8 of the Act, exceeds the number of exemptions available pursuant to Section 14571.8(d) of the Act, the Divisionshall consider exemptions in the following order of priority:
(1) all exemptions specifically applied for, in writing, or on the formprovided by the Division (Form #CZ-1 (Rev.8/00)) shall contain all ofthe following information:
(A) The name, mailing address and phone number of the applicant.
(B) The company or organization which the applicant represents, ifapplicable.
(C) The name of a contact person if different from the applicant.
(D) The company name and address of the supermarket which is thefocal point of each convenience zone for which the applicant is seekingan exemption.
(E) A statement justifying the request for an exemption, pursuant toSection 14571.8 of the Act.
(F) The signature and title (if applicable) of the applicant and the dateof signature.
(2) newly established convenience zones and convenience zoneswhich have become unserved, in order by date in which the recycling facility ceased operation.
(b) If the Division determines that the exemption cap established bySection 14571.8(d) of the Act has been reached, the Division shall thereafter serve all dealers in convenience zones which become unserved, orare newly created, with the notice specified at Section 14571.7(a).
(c) After the exemption cap has been reached, only those conveniencezones which submit a Form #CZ-1 or a letter containing all specified information pursuant to Section 2800(a)(1) will be considered. Forms#CZ-1 or letters containing all specified information pursuant to Section2800(a)(1) shall be considered in the order received as exemptions become available.
(d) The Division shall review exemption requests, pursuant to PublicResources Code Section 14571.8(b), at a minimum, every six months.Prior and subsequent to each exemption decision, the Division shall mailnotice of the proposed convenience zone exemption to each of the following persons:
(1) Each person who has submitted a Form #CZ-1 or a letter containing all specified information pursuant to Section 2800(a)(1); and
(2) Each dealer located within the convenience zones which are beingconsidered for an exemption; and
(3) Each person who has specifically requested notice of such actions.
(e) The persons enumerated in section (d) above shall have 30 daysfrom the date of the notice to submit written comments to the Divisionregarding the proposed convenience zone exemption.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14571.8, Public Resources Code.
s 2805. Exemption Revocation Guidelines.
(a) The Division on its own motion may revoke a convenience zoneexemption, or any interested person may petition the Division, on a formprovided by the Division (Convenience Zone Exemption RevocationApplication Form #CZ-2 (Rev. 8/00)) or in a letter to the Division, to revoke the exemption for any exempt convenience zone. The departmentwill only consider petitions submitted in writing on either the form#CZ-2 or in a letter, which shall contain all of the following information:
(1) The name, complete mailing address and phone number of the petitioner.
(2) The name, complete mailing address and phone number of thecompany or firm which the petitioner represents, if applicable.
(3) The company name and street address of the supermarket whichis the focal point of the exempt zone which is the subject of the petition.
(4) A statement of the change in condition(s) or other rationale whichforms the basis for the petitioner's request.
(5) The signature and title (if applicable) of the petitioner and the date of signature.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public ResourcesCode. Reference: Section 14571.8, Public Resources Code.
s 2810. Granting of Exemptions.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14571.8, Public Resources Code.
s 2815. Eligibility.
s 2820. Pacific Beach Pilot Mobile Recycling Program.
Upon selection of an applicant, the Division shall certify one recycling center operator to establish a pilot mobile recycling program in the Pacific Beach area within the City of San Diego.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14571.4, Public Resources Code.
s 2825. General Operating Requirements for the Pacific Beach Pilot Mobile Recycling Program.
(a) All dealers in the Pacific Beach area of the City of San Diego shall comply with sections 14571.6 and 14571.7 of the Public Resources Code if, at any time, the Pacific Beach Pilot Mobile Recycling Program does not have an operator.
(b) Unless expressly specified otherwise in Public Resources Code Section 14571.4, the operator of the Pacific Beach Pilot Mobile Recycling Program is not exempt from compliance with other provisions of the Act or Regulations.
(c) The operator of the Pacific Beach Pilot Mobile Recycling Program shall be eligible to apply for one handling fee payment per month, based upon the combined logs and receipts from consumer transactions only, at the five recycling locations approved by the Division in the Pacific Beach area of the City of San Diego.
(d) If the Division terminates an operator's certification before January 1, 1997, the Division shall give a thirty (30) day notice to the operator before the effective termination date. The Division may terminate certification prior to January 1, 1997, if the operator violates the terms of the Division's regulations or its agreement with the Division, including such acts as:
(1) Failure to operate one (1) day per week, eight (8) hours per day, at each of the five (5) locations approved by the Division.
(2) Failure to operate a minimum of five hours per week occurring during periods other than from Monday to Friday, from 9:00 a.m. to 5:00 p.m.
(3) Failure to submit to the Department a copy of all shipping reports completed by the receiver for transactions of empty beverage containers recycled in the Pacific Beach area of the City of San Diego within five (5) working days of the receiver's signature date on the shipping report.
(4) Failure to keep records in accordance with sections 2525 and 2530 of subchapter 6 of these regulations.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14571.4, 14571.6 and 14571.7, Public Resources Code.
s 2850. Quality Glass Incentive Payments.
(a) The Division may pay a quality glass incentive payment, as determined by the Division, to any entity certified pursuant to the Act for glass which is collected by curbside programs and color-sorted and substantially free of contamination. Payments shall be made directly to the certified entity that color-sorts the glass beverage containers for recycling.
(b) For glass beverage containers that are color-sorted prior to completion of the Shipping Report (DR 6 (11/05)), the eligible sorting facility shall be identified on the Shipping Report, as specified in sections 2425(e), or 2530(f) and the Shipping Report (DR 6 (11/05)) shall constitute the claim for the quality glass incentive payment.
(c) For glass beverage containers that are color-sorted subsequent to completion of the Shipping Report Form, the certified entity that claims a quality glass incentive payment for color-sorted glass shall submit a Quality Glass Incentive Payment Claim Form (DOR 56 (01/02)) to the Division for each calendar month in which the quality glass incentive payment is being claimed. To be eligible to submit Quality Glass Incentive Payment Claim Forms (DOR 56 (01/02)), the sorting facility shall submit a request and receive approval from the Division for authorization to submit claims.
(1) The request for authorization must include the methodology developed by the sorting facility to attribute the color-sorted glass beverage container materials to the types of programs from which they were received to ensure that glass materials collected by sources other than curbside programs are excluded from the amount claimed for quality glass incentive payments.
(2) The Division shall notify the applicant in writing within fifteen (15) working days of receipt of the application, or receipt of additional information if the application was initially incomplete, that it is either:
(A) Complete and accepted for further review, or
(B) Incomplete and the reasons for the deficiency.
(3) The Division shall review and consider each request for authorization to submit claims for quality glass incentive payments for post shipping-report color-sorted glass materials and issue a written approval or denial within forty-five (45) calendar days from receipt of the complete and accepted request. Upon approval, the authorization to submit claims for quality glass incentive payments for post shipping-report color-sorted glass materials, as specified in Section 2850(c), shall be valid for a period of three (3) years from the date of approval, or until such time as the authorization is surrendered by the sorting facility, or suspended or revoked by the Division.
(4) Reasons for denying a request for authorization, or for suspending or revoking an approved authorization may include, but shall not be limited to any of the following:
(A) The sorting facility does not ensure that mixed color glass received from entities other than curbside programs are excluded from the claim;
(B) The sorting facility does not account for each incoming load of mixed color glass;
(C) The claim for quality glass incentive payment is not based on the color-sorted weight;
(D) The sorting facility fails to maintain inventory records that show shipped and received materials by color; and,
(E) The sorting facility has been found to be in violation of any provision of the Act, or any regulations adopted pursuant to the Act.
(5) A sorting facility may request reconsideration of a denial, suspension, or revocation of an authorization by submitting a written request for reconsideration to the Division within thirty (30) calendar days of being served with a denial, revocation, or suspension of an authorization to submit claims for quality glass incentive payments for post shipping report color-sorted glass materials. All written requests shall include:
(A) A copy of the notice denying the authorization to submit claims for quality glass incentive payments for post shipping-report color-sorted glass materials;
(B) A detailed explanation of the grounds for reconsideration; and,
(C) Any other documentation that supports the request.
(6) A written decision on the request for reconsideration shall be sent to the sorting facility within twenty (20) calendar days of the receipt of the request.
(7) To be eligible for payment, the Quality Glass Incentive Payment Claim Form (DOR 56 (01/02)) must be postmarked no later than the first day of the second month following the reporting month. Claims postmarked after this date or incomplete claims may be denied payment. A separate claim shall be completed by each certified entity.
(8) Each Quality Glass Incentive Payment Claim Form (DOR 56 (01/02)) must include all of the following information:
(A) The month for which the claim is submitted;
(B) The facility name, mailing address, and certification number of the entity submitting a claim for quality glass incentive payments;
(C) The name and phone number of a contact person;
(D) The redemption weight to tenths of tons of color-sorted glass claimed;
(E) The signature and title of an authorized representative; and
(F) The date the report was signed by the authorized representative under penalty of perjury.
(d) The quality glass incentive payment may be denied or reduced if the Division has prevailed against the certified entity in a civil or administrative action and money is owed to the Division as a result of the action.
(e) For the purpose of Section 14549.1 of the Act and these regulations, the following definitions shall apply:
(1) "Color-sorted glass" means glass that has been sorted into flint, amber, or green fractions, and would be acceptable to a beneficiating processor.
(2) "Substantially free of contamination" means glass that has been substantially cleaned of non-glass contaminants.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14549.1 and 14552, Public Resources Code; and Section 15376, Government Code.
s 2900. Determinations.
The Division shall make, and give notice of, the following determinations. For purposes of this section, notice shall be deemed complete upon the date of the postmark or date of deposit in the U.S. mail, whichever is earlier. Notices shall be mailed to the last known address of the intended recipient.
(a) Statistics.
(1) Determination. The Division shall determine the following statistics:
(A) Containers per pound. The average number of empty beverage containers per pound, by material type. This number is used to calculate the quantity of beverage containers for certain records, reports, and payments required pursuant to this chapter.
(B) Commingled rate. The average percentage of empty beverage containers in a commingled load of containers, by material type. The Division may determine more than one commingled rate. The Division shall also determine the geographic area within which each commingled rate shall apply. This rate shall be used to calculate the quantity of empty beverage containers for certain records, reports, and payments required pursuant to this chapter.
(2) Notice. Except for the initial determination of the above statistics after which the Division shall provide notice of not less than 10 days prior to their effective date or dates, the Division shall provide notice of the initial determination and any changes to the above statistics no less than 30 days prior to their effective date or dates, as follows:
(A) Recipients. Notice of any such determination shall be provided to persons certified pursuant to subchapter 2 of these regulations, and to any persons requesting such notice in writing.
(B) Contents. The notice shall state the relevant statistics themselves and their effective date.
(b) Notice of redemption payment or refund value. The Division shall provide notice of any change pursuant to section 14560 of the Act to the redemption payment or refund value per container, by material type, as follows.
(1) Timing: Notice shall be given no less than 30 days prior to the effective date of the change.
(2) Recipients: Notice shall be mailed to the last known addresses of the following parties:
(A) Persons certified pursuant to subchapter 2 of these regulations.
(B) Distributors having submitted a report to the Division within the previous 6 months.
(C) Persons requesting such notice in writing.
(3) Contents: The notice shall state the changed redemption payment and/or refund value by material type, and its effective date.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14551, 14553, 14560 and 14581, Public Resources Code.
s 2920. Containers Per Pound Rate.
The method used to calculate the average number of empty beverage containers per pound, by material type, shall include sampling procedures which consider, at a minimum, the following factors:
(a) Weight by separately aggregated size categories of containers (same size) in their original manufactured and unfilled state.
(b) Weight by variously mixed aggregated size of containers (different sizes) in their original manufactured and unfilled state.
(c) Weight by separately aggregated size categories of containers (same size) in their post-filled state.
(d) Weight by variously mixed aggregated size of containers (different sizes) in their post-filled state.
(e) Weight by individually mixed aggregated size of container loads in their post-filled state as presented by consumers at recycling centers (selected statewide on a random basis).
(f) Volume of sales at wholesale and retail levels in various regions of the state.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14552 and 14572, Public Resources Code.
s 2930. Commingled Rate.
The method used to calculate the commingled rate per pound, by material type, shall include sampling procedures which consider, at a minimum, the following factors:
(a) Weight and analysis of randomly mixed pre-filled empty beverage containers and other pre-filled containers of the same size in the original manufactured and unfilled state.
(b) Weight and analysis of individual loads of empty beverage containers and other containers in their post-filled state as presented by consumers at recycling centers (selected statewide on a random basis), excluding reverse vending machines.
(c) Weight and analysis of loads of empty beverage containers and other containers in their post-filled state redeemed or returned by consumers to reverse vending machines (selected statewide on a random basis).
(d) Weight and analysis of loads presented to processors by curbside programs, community service programs and dropoff or collection programs.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14506.7, 14549.5, 14552 and 14572, Public Resources Code.
s 2945. Confidentiality of Information.
(a) The Division shall disclose only aggregated survey information for three or more firms to the public.
(b) Individual recycling center, processor, or scrap purchaser survey data exempt from public disclosure includes: trade secrets; financial statements; investment data; proprietary information relating to specific sales, purchases, revenues or expenses; or other information as permitted by section 6255 of the Public Records Act (Government Code section 6255).
(c) Upon receipt of a written request for records pertaining to information obtained by the Division pursuant to this chapter, the Division shall determine whether the requested information may be exempt from disclosure. The Division shall notify the requesting party of its determination within 10 days of the receipt of the written request as required by the Public Records Act (Government Code section 6256). If the Division determines that the information is not exempt from disclosure, it shall promptly provide it to the requesting party in accordance with the procedures of the Public Records Act.
Note: Authority cited: Section 14530.5(b) and (c), Public Resources Code. Reference: Sections 14518.5, 14551(b) and 14575(a), (b) and (d), Public Resources Code; and Sections 6250-6267, Government Code.
s 2950. Eligibility.
(a) Programs and operations eligible to receive processing payments include:
(1) recycling centers certified pursuant to these regulations,
(2) curbside programs which hold a valid identification number issued by the Division,
(3) dropoff or collection programs certified pursuant to these regulations,
(4) community service programs certified pursuant to these regulations.
Note: Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14518.5, 14573, 14573.5, and 14575(a), (b) and (d), Public Resources Code.
s 2955. Scrap Value Calculation.
(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.
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.
s 2960. Allowable Costs for Recycling Centers.
(a) On and after January 1, 2004, and every second year thereafter, the Division shall survey a statistical sample of recycling centers to determine statewide average allowable costs per container type.
(b) Allowable costs for calculation of the processing fee and processing payment shall include the actual costs of receiving, handling, processing, and storing and transporting postfilled beverage containers. Allowable costs also include maintaining equipment necessary for the above activities. More specifically these costs shall include, but not be limited to:
(1) labor,
(2) property taxes,
(3) depreciation,
(4) utilities,
(5) supplies,
(6) fuel,
(7) insurance,
(8) interest,
(9) general business overhead exclusive of administrative costs,
(10) facilities and equipment rent or lease,
(11) maintenance,
(12) transportation,
(13) disposal costs.
(c) The scrap price paid to the consumer by the recycling center shall not be included in allowable costs.
Note: Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14518.5, 14526, 14573.5 and 14575(a), (b), (c) and (k), Public Resources Code.
s 2965. Allowable Costs for Processors.
(a) Allowable costs for calculation of the processing fee shall include the actual costs of receiving, handling, processing, storing, and maintaining equipment, necessary for accepting, canceling, and readying postfilled beverage containers prior to shipment to scrap purchasers. More specifically, these costs shall include, but not be limited to:
(1) labor,
(2) property taxes,
(3) depreciation,
(4) utilities,
(5) supplies,
(6) fuel,
(7) insurance,
(8) interest,
(9) general business overhead exclusive of administrative costs,
(10) facilities and equipment rent or lease,
(11) maintenance,
(12) disposal costs pursuant to (c) below,
(13) transportation.
(b) The scrap price paid to recycling centers by processors shall not be included in allowable costs.
(c) The Division shall calculate a statewide average disposal cost per container for each beverage container type if the scrap value of a container type is negative as determined in section 2955(c) of these regulations.
(1) When 200% of the disposal cost is less than the absolute value of scrap value pursuant to section 2955 of these regulations, the Division shall use disposal cost, not scrap value, in the calculation of processing fees and processing payments.
(2) When 200% of the disposal cost is greater than or equal to the absolute value of scrap value pursuant to section 2955 of these regulations, the Division shall use only scrap value in the calculation of processing fees and processing payments.
(3) If the scrap price is zero, the Division shall use disposal cost, not scrap value in the calculation of processing fees and processing payments.
Note: Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14501(d) and (h), 14518.5, 14526, 14573.5 and 14575(a), (b), (c) and (k), Public Resources Code.
s 2970. Allocation of Allowable Costs.
(a) The Division shall determine allowable costs per container pursuant to sections 2960 and 2965 of this subchapter that can be directly allocated to each beverage container type. (For example: depreciation and labor expenses for operating an aluminum can crusher shall be directly allocated to the allowable costs of aluminum beverage containers.)
(b) Allowable costs pursuant to sections 2960 and 2965 of this subchapter that cannot be directly allocated shall be allocated using the direct labor cost percentages for each container type as determined in the allowable cost surveys pursuant to sections 2960 and 2965 of this subchapter.
Note: Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14518.5 and 14575(a) and (b), Public Resources Code.
s 2975. Reasonable Financial Return Calculation.
The statewide average reasonable financial return for recycling centers shall be equal to the statewide average allowable costs calculated in section 2960 of this subchapter, multiplied by the average return on costs for the scrap and waste materials industry as determined from data contained in the most recent Dun and Bradstreet Standard Three Year Norm Report (Published by Dun and Bradstreet Credit Services).
Note: Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14501(f) and (g), 14518.5 and 14575(a) and (b), Public Resources Code.
s 2976. Consumer Price Index.
Note: Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14501(f) and (g), 14518.5 and 14575(a) and (b), Public Resources Code.
s 2980. Processing Payments.
On and after January 1, 2000, the processor shall pay the operators of curbside programs, dropoff or collection programs, community service programs, and certified recycling centers, the entirety of the processing payment multiplied by the number of containers accepted from the operator by the processor.
Note: Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14518.5, 14573.5 and 14575(a), (b) and (h)(3), Public Resources Code.
s 2981. Calculation Of Reduced Processing Fee Payments.
Note: Authority cited: Sections 14530.5(b), 14581.5(e)(2) & (g), Public Resources Code. References cited: Sections 14575 and 14581.5, Public Resources Code.
s 2985. Notification of Changes.
(a) When the Division adopts a revised, terminated or newly established processing fee and processing payment pursuant to Public Resources Code section 14575, the Division shall mail written notification within fifteen (15) days of adoption, and at least 15 days prior to the effective date of the proposed action(s), to all interested persons.
(b) The Division shall mail written notification to certified processors, who participated in the scrap value survey, of the average monthly scrap value for each container material type pursuant to Section 2955 of the regulations. This notification will be sent within sixty (60) days of the end of the reporting month.
Note: Authority cited: Section 14530.5(b) and (c), Public Resources Code. Reference: Sections 14518.5 and 14575(a), (b) and (f)(1), Public Resources Code.
s 3000. Definitions.
All terms used in these regulations shall have the same meaning as provided in Public Resources Code sections 10210 through 10223.
General Materials (GM) - References, Annotations, or Tables
Note: Authority cited: Section 10240(b), Public Resources Code. Reference: Sections 10200-10277, Public Resources Code.
s 3010. Eligibility.
A real estate appraisal pursuant to Public Resources Code section 10260 must be completed prior to acting upon any grant application under the Agricultural Land Stewardship Program (ALSP) involving the acquisition of interests in real property. The cost of the appraisal is to be borne by the applicant. However, if the applicant is successful in obtaining a grant, the cost of the appraisal shall be considered a direct cost pursuant to Public Resources Code section 10231 and may be reimbursed at the discretion of the Director, based upon the fiscal considerations of a specific project.
General Materials (GM) - References, Annotations, or Tables
Note: Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10231, Public Resources Code.
s 3011. Local Government Support for Agricultural Land Conservation.
In meeting the requirement of Public Resources Code section 10244, a local government shall include a summary of any specific actions taken in support of its stated goals and objectives for agricultural land conservation, including but not limited to specific planning and zoning decisions that have been taken that demonstrate this commitment.
General Materials (GM) - References, Annotations, or Tables
Note: Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10244, Public Resources Code.
s 3012. Potential Easement Impacts upon Neighboring Lands.
In considering the selection criteria for ALSP applicants, information providing evidence that, by acquisition of an agricultural conservation easement for a given parcel or parcels, long term conservation of neighboring lands through any combination of geographic, zoning, or other considerations can logically be expected without incurring costs of additional easement acquisitions, will be considered pursuant to Public Resources Code section 10252(l).
General Materials (GM) - References, Annotations, or Tables
Note: Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10252( l), Public Resources Code.
s 3013. Temporary Purchase of Fee Interests.
An applicant for funding of a temporary purchase of a fee interest in anticipation of creating an agricultural conservation easement pursuant to Public Resources Code section 10239 shall satisfy the criteria otherwise applicable to easements as provided in this chapter as well as the Agricultural Lands Stewardship Program Act of 1995.
General Materials (GM) - References, Annotations, or Tables
Note: Authority cited: Section 10240(b), Public Resources Code. Reference: Sections 10239, 10251 and 10252, Public Resources Code.
s 3014. Easement Enforcement.
Agricultural conservation easements funded through this program shall provide that in the event the holder of the easement fails to enforce any of the terms of the easement, as determined in the sole discretion of the Director of the Department, the Director of the Department and his or her successors and assigns shall have the right to enforce the terms of the easement, including limits on significant impairment of agricultural productivity and multiple uses created by incidental activities as specified in Public Resources Code section 10262. Multiple uses shall be those as defined in Public Resources Code section 10252(b).
General Materials (GM) - References, Annotations, or Tables
Note: Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10262, Public Resources Code.
s 3015. Easement Transfer.
Agricultural conservation easements funded through this program shall provide that in the event that a local government or nonprofit organization holding an easement that was acquired with the use of ALSP funds is dissolved, the Department shall identify and select an appropriate public or private entity to whom the easement shall be transferred pursuant to Public Resources Code section 10235(b). In cases where the easement was acquired utilizing ALSP funds as well as funds from other sources, the Department shall work with the other contributing sources to identify and select an appropriate entity to whom the easement shall be transferred.
General Materials (GM) - References, Annotations, or Tables
Note: Authority cited: Section 10240(b), Public Resources Code. Reference: Section 10235(b), Public Resources Code.
s 3500. Purpose.
It is the purpose of this subchapter to establish state policy for the reclamation of mined lands and the conduct of surface mining operations in accord with the general provisions set forth in Public Resources Code, Division 2, Chapter 9, Section 2710 et seq. (Surface Mining and Reclamation Act of 1975, as amended by Statutes of 1980).
Note: Authority cited: Section 2755, Public Resources Code. Reference: Sections 2710-2795, Public Resources Code.
s 3501. Definitions.
The following definitions as used herein shall govern the interpretation of these regulations:
Agricultural Activity. The cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity, the raising of livestock or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation of these products for market.
Angle of Repose. The maximum angle of slope (measured from horizontal plane) at which loose cohesionless material will come to rest on a pile of similar material.
Backfill. Earth, overburden, mine waste or imported material used to replace material removed during mining.
Borrow Pits. Excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.
Critical Gradient. The maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.
Excavations for On-Site Construction. Earth material moving activities that are required to prepare a site for construction of structures, landscaping, or other land improvements (such as excavation, grading, compaction, and the creation of fills and embankments), or that in and of themselves constitute engineered works (such as dams, road cuts, fills, and catchment basins).
Grading. To bring an existing surface to a designed form by cutting, filling, and/or smoothing operations.
Minerals. Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
Person. Any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof.
Reclamation Plan. The applicant's (operator's) completed and approved plan for reclaiming the lands affected by his surface mining operations conducted after January 1, 1976, as called for in Section 2772 of the Act.
Resoiling. The process of artificially building or reconstructing a soil profile.
Stream Bed Skimming. Excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.
Surface Mining Operations. In addition to the provisions of Section 2735 of the Act, borrow pitting, streambed skimming, segregation and stockpiling of mined materials (and recovery of same) are deemed to be surface mining operations unless specifically excluded under Section 2714 of the Act or Section 3505 of these regulations.
Topsoil. The upper part of the soil profile that is relatively rich in humus, which is technically known as the A-horizon of the soil profile.
Note: Authority cited: Section 2755, Public Resources Code. Reference: Sections 2726-2735, Public Resources Code.
s 3502. The Reclamation Plan.
(a) Objectives. Reclamation plans shall be developed to attain the objectives of Public Resources Code Section 2712(a)-(c).
(b) Reclamation Plan Elements. In addition to the information required by Public Resources Code Section 2772, the following elements shall be included in the reclamation plan:
(1) The environmental setting of the site of operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands.
(2) The public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site.
(3) The designed steepness and proposed treatment of the mined lands' final slopes shall take into consideration the physical properties of the slope material, its probable maximum water content, landscaping requirements, and other factors. In all cases, reclamation plans shall specify slope angles flatter than the critical gradient for the type of material involved. Whenever final slopes approach the critical gradient for the type of material involved, regulatory agencies shall require an engineering analysis of the slope stability. Special emphasis on slope stability and design shall be necessary when public safety or adjacent property may be affected.
(4) Areas mined to produce additional materials for backfilling and grading, as well as settlement of filled areas, shall be considered in the reclamation plan. Where ultimate site uses include roads, building sites, or other improvements sensitive to settlement, the reclamation plans shall include compaction of the fill materials in conformance with good engineering practice.
(5) Disposition of old equipment.
(6) Temporary stream or watershed diversions.
(c) Adequacy. In judging the adequacy of a particular reclamation plan in meeting the requirements described herein and within the Act, the lead agency shall consider the physical and land-use characteristics of the mined lands and their surrounding area pursuant to Public Resources Code Section 2773.
(d) Each surface mining operation as defined in Public Resources Code Section 2735 and Title 14 California Code of Regulations Section 3501, shall have no more than one approved reclamation plan applicable to that operation except as described in subsection (i) to this section. An amended reclamation plan shall be approved by the lead agency prior to the commencement of activities determined to be a substantial deviation from the approved plan. For purposes of the Surface Mining and Reclamation Act of 1975 and regulations adopted pursuant thereto, a substantial deviation shall be defined as a change or expansion to a surface mining operation that substantially affects the completion of the previously approved reclamation plan, or that changes the end use of the approved plan to the extent that the scope of the reclamation required for the surface mining operation is substantially changed. In determining whether a change or expansion constitutes a substantial deviation, the lead agency shall take into consideration the following factors: (continued)