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(continued)
(c) Records that are the subject of a request for confidential status shall be retained in confidential status after receipt of the request until their status is determined by the supervisor.
Note: Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code.
s 1997.2. Request for Extension of Confidential Status.
(a) A request for extension of confidential status pursuant to Sections 3234 or 3752, Division 3, Public Resources Code, shall be made in writing to the appropriate party, as indicated in Section 1997.1 of this article; shall document extenuating circumstances; and shall be signed by a representative of the company.
(b) If the supervisor fails to reply to a request for extension of confidential status within twenty (20) working days from the date of receipt of such request, the request shall be deemed approved.
(c) Records that are the subject of a request for extension of confidential status shall be retained in confidential status after receipt of the request until their status is determined by the supervisor.
Note: Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(a) and 3752(a), Public Resources Code.
s 1997.3. Classification As Experimental Log or Experimental Test.
(a) The supervisor shall not consider a log or test for classification as experimental unless the owner or operator requests that such log or test be classified as experimental at the time of filing of the log or test with the division. Such request shall be made in writing to the appropriate party, as indicated in Section 1997.1 of this article; shall contain justification for the request; and shall be signed by a representative of the company.
(b) If the supervisor fails to reply to a request for experimental status within twenty (20) working days from the date of receipt of such request, the request shall be deemed approved.
(c) A log or test that is the subject of a request for classification as experimental shall be retained in confidential status after receipt of the request until the supervisor determines whether it is experimental.
(d) The supervisor may review the experimental classification of logs and tests to determine if the classification remains appropriate. If technological advances or other factors indicate the experimental classification should be withdrawn, thus revoking confidential status, the supervisor shall notify the operator of this decision. If no written appeal is made pursuant to section 1997.5 of this article, the supervisor may open the log or test data to public review.
Note: Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(d) and 3752(c), Public Resources Code.
s 1997.4. Classification As Interpretive Data.
(a) An owner or operator may request that certain data filed with the division be classified as interpretive; however, in the absence of such request, the supervisor may classify data as interpretive.
(b) A request for classification of data as interpretive must be made at the time of filing of the data with the division. Such request shall be made in writing to the appropriate party, as indicated in Section 1997.1 of this article; shall contain justification for the request; and shall be signed by a representative of the company.
(c) If the supervisor fails to reply to a request for interpretive status within twenty (20) working days from the date of receipt of such request, the request shall be deemed approved.
(d) Data that are the subject of a request for classification as interpretive shall be retained in confidential status after receipt of the request until the supervisor determines whether they are interpretive.
(e) The supervisor may review the confidential status of interpretive data after a period of five years. The data shall remain confidential unless the supervisor demonstrates that the data does not warrant classification as interpretive data. The supervisor shall notify the operator of this decision. If no written appeal is made pursuant to section 1997.5 of this article, the supervisor may open the interpretive data to public review.
Note: Authority cited: Sections 3013 and 3712, Public Resources Code. Reference: Sections 3234(d) and 3752(c), Public Resources Code.
s 1997.5. Appeal.
(a) An owner or operator may appeal to the Director of the Department of Conservation within thirty (30) days following notification of:
(1) the denial of a request for confidential status made pursuant to Section 1997.1 of this article, or
(2) the denial of a request for extension of confidential status under Section 1997.2 of this article or
(3) the denial of a request for, or the supervisor's withdrawal of, classification as an experimental log or test, or interpretive data made pursuant to Sections 1997.3 or 1997.4 of this article. Such appeal shall be made in writing, shall contain justification for the appeal, and shall be signed by the owner, operator or a representative of the company.
(b) All records that are the subject of a denial of a request for, or extension of, confidential status made pursuant to Sections 1997.1 or 1997.2 of this article, or the subject of a denial of a request for, or withdrawal of, classification as an experimental log or test, or interpretive data made pursuant to Sections 1997.3 or 1997.4 of this article shall be confidential for a period of thirty (30) days following notification of the denial or withdrawal to allow adequate time for the filing of an appeal. Records that are the subject of an appeal pursuant to this section shall be retained in confidential status pending the Director's decision on the appeal.
(c) If no written reply is made by the Director within thirty (30) days following the date of the appeal, the appeal shall be deemed denied and the records in question shall be public records.
Note: Authority cited: Section 6253(a), Government Code. Reference: Section 6253(a), Government Code.
s 1998. Request to Inspect and/or Copy Records.
Note: Authority cited: Section 6253(a), Government Code.
s 1998.1. Inspection and Copying of Records.
Note: Authority cited: Section 6253(a), Government Code.
s 1998.2. Written Guidelines.
The supervisor shall establish written guidelines for accessibility of public records consistent with these regulations. A copy of the guidelines shall be posted in a conspicuous public place at the offices of the division and thereafter be available free of charge to any person.
s 2000. Definitions.
(a) In addition to the definitions provided in the California Beverage Container Recycling and Litter Reduction Act, except for subdivisions (a)(3.1), (10), (20), (21), (35), (37), (38), (40) and (42) below which modify definitions in the Act for purposes of these regulations, the following definitions shall apply whenever the terms are used in this chapter.
(1) "Act" means the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 of the Public Resources Code).
(2) "Administrative Costs" means the cost of recordkeeping and accounting required of curbside programs, distributors, recycling centers and processors to comply with the requirements of the Act and these regulations.
(2.1) "Amended Processor Invoice" means an invoice submitted by a processor correcting an original report that has been processed and paid.
(2.2) "Amended Shipping Report" means a shipping report submitted by a processor correcting an original shipping report that has been processed and paid.
(2.5) "Alternative Methodology" means an individual commingled rate survey methodology, which either employs the Division's methodology with variations or creates a proposed methodology for the dropoff or collection, community service or curbside programs to arrive at an individual commingled rate.
(3) "Applicant" means the person(s) who has authority to legally bind the operator to a contract.
(3.1) "Beneficiating Processor" means any processor certified by the department who sells cullet to another certified processor or to a glass container manufacturer during the three months preceding the month in which scrap value data is reported to the Division and who beneficiates purchased cullet so that the cullet either:
(A) meets the American Society for Testing and Materials (ASTM) standard specification for waste glass as a raw material for the manufacture of glass containers [E708-79 (Reapproved 1988) Standard Specification for Waste Glass As A Raw Material For The Manufacture of Glass Containers. Current Edition Approved Nov. 30, 1979: published January 1980, see appendix A]; or,
(B) is free from nonglass contaminants and non-container glass compositions, cleansed, crushed to size, free-flowing with minimum water content, absent of hazardous material residue and passes furnace ready sampling and testing methods of a purchasing glass container manufacturer.
(C) Notwithstanding, the other provisions of this section, any certified processor shall not be considered a beneficiating processor if fifty percent (50%) or more of the cullet purchased by that processor during the survey month in which the scrap value data is reported was purchased as beneficiated cullet.
(3.2) "Beverage manufacturer" shall have the same definition as provided in Public Resources Code section 14506, and "any person . . . who imports", as provided in that section, shall include, in the following order of preference:
(A) Any consignee of filled beverage containers brought into this State from without this State, when the filled beverage containers are for delivery, use, or sale within this State.
(B) Any person or entity to whom delivery is first made in this State of filled beverage containers brought into this State from without this State, when the filled beverage containers are for delivery, use, or sale within this State.
(C) Any person or entity bringing filled beverage containers into this State from without this State which are not consigned to any person, when the filled beverage containers are for delivery, use, or sale within this State.
(4) "Cancellation" means the act of removing the refund value of an empty beverage container by any of the following actions:
(A) Aluminum empty beverage containers shall be deemed cancelled when such containers can no longer be physically reconstituted or distinguished as container units. Except as provided in section 2110(b), this may be accomplished by shredding or densification to thirty pounds per cubic foot or more.
(B) Glass empty beverage containers shall be deemed cancelled when such containers have been substantially cleaned of non-glass contaminants and they are crushed size in such a manner as to be acceptable without further processing by a willing user.
(C) Plastic empty beverage containers shall be deemed cancelled when the original form has been so altered as to make its reconstitution physically impossible.
(D) Bimetal empty beverage containers shall be deemed cancelled by densification sufficient to ensure that separation of a single container is no longer possible, or by shredding, milling, or nuggeting.
(E) Any empty beverage container shall be deemed cancelled when it is permanently exported from the State and export verified in accordance with subsections 2420(d)(1), (2) and (3) of these regulations provided that, if aluminum beverage containers, they are first densified to no less than 15 pounds per cubic foot, or shredded.
(F) Any empty beverage container shall be deemed cancelled when it is delivered to a location of end use and the delivery verified in accordance with subsections 2420(d)(1), (2) and (3) of these regulations provided that the following requirements are met:
1. aluminum beverage containers are first densified to not less than 15 pounds per cubic foot, or shredded.
2. glass beverage containers are delivered to a location of end use, which includes a beneficiating processor, as defined in Public Resources Code section 14503.6.
(5) "Category" means the classification of operation, i.e., processor, recycling center, grandfathered recycling center, dropoff or collection program, or community service program.
(6) "Certificate" means the official document issued by the Division which identifies an operator of a recycling center, dropoff or collection program, community service program or processing facility as meeting the requirements for certification by the Division.
(7) "Certified" means an operator of a recycling center, dropoff or collection program, community service program or processing facility has met the minimum requirements established by the Division to receive the certificate defined in (6) above.
(8) "Certification Sign" means a sign or decal issued by the Division for display which identifies the operator of a recycling center as meeting the requirements for certification by the Division.
(9) "Clearly and Prominently" means that the redemption message is displayed so that it is easily found and read by consumers and recyclers. Each letter comprising the message is complete, legible, and cannot be readily obscured. Other factors include boldness, width, spacing, and location of lettering. The message must be distinguishable from refund messages of other states.
(9.5) "Close proximity" means the area within, or adjacent to, a convenience zone, as determined by the Division on a case-by-case basis considering geographic and demographic factors, and consumer convenience.
(10) "Commingled" means a mix of empty beverage containers and other containers of the same material type. Any broken glass empty beverage container(s) purchased from consumers, dropoff or collection programs, or community service programs shall be deemed commingled. Any broken or partial beverage container(s) or rejected, line breakage or out-of-state containers shall not be included when performing a survey methodology to arrive at an individual commingled rate or statewide average commingled rate. Dropoff or collection, curbside and community service programs' individual commingled rate shall be determined pursuant to subsection 2620 through 2645, 2660 through 2685, and 2720 through 2745, respectively. The statewide average commingled rates shall be determined by the Division pursuant to subsections 2900(a)(1)(B) and section 2930 of these regulations.
(11) "Community Service Program" means a program, certified by the Division, which does not pay refund value and accepts or collects empty beverage containers at a specific location or locations and meets one of the following criteria:
(A) The program is organized under Section 501(c) or 501(d) of the Internal Revenue Code [26 U.S.C. 501(c) and 501(d)], or
(B) The program is a charitable group organized under Section 23701 of the California Revenue and Taxation Code, or
(C) The program is operated by, or caused to be operated by, a city, county or other public agency.
(11.1) "Consolidated Shipping Report" documents the delivery and receipt of material for processors or recycling centers that operate multiple recycling centers or receive material from dropoff or collection programs, community service programs, or curbside programs and is prepared pursuant to subsection 2090(f) of these regulations.
(12) "Contrasting Colors" as used in reference to the redemption message lettering means a clear differentiation in hue, value, and intensity with the background on which the redemption message appears, surrounding artwork, and other nearby printed information.
(13) "Days" means all calendar days unless provided otherwise.
(14) "Delivered" or "Delivery", as used in subchapters 5 & 6 of these regulations, means physically taking possession of the material.
(15) "Dual Certified Entity" means any person who is certified as a processor and also a recycling center at the same location as the processor.
(16) "Densification" means the process of compressing material for the purpose of increasing the weight to volume ratio.
(17) "Disposal Cost" means the transportation cost for hauling postfilled beverage container types to a state-permitted disposal site (landfill, incinerator, or other type of state-permitted site), plus the specified disposal fee.
(18) "Division" means the Division of Recycling which is within the Department of Conservation.
(19) (Reserved)
(20) "Dropoff or Collection Program" means a recycling program which does not pay refund value and accepts or collects empty beverage containers, and which cannot qualify as a curbside program as defined in Section 14509.5 of the Act. "Dropoff or Collection Program" also means a program which separates recyclables from mixed municipal waste. "Dropoff or Collection Program" does not mean a program which accepts or collects recyclable materials which have already been separated from mixed municipal waste. Dropoff or Collection Program includes a Neighborhood Dropoff Program which meets all of the criteria in Section 14514.4.1 of the Act.
(21) "Empty Beverage Container" means a beverage container which meets all the requirements in Section 14512 of the Act except that such term does not include refillable beverage containers.
(22) "Exemption" means an exclusion to the requirement that a recycling center must be established in a convenience zone.
(22.5) "Exempt convenience zone" or "Exempt zone" means a convenience zone which has been granted an exemption pursuant to Section 14571.8 of the Act.
(23) "Exporting" means the act of sending a filled or unfilled empty beverage container or empty beverage container component permanently out of this State.
(24) "Facility" means a recycling or processing operation that has been built, installed or established to serve as a collection or processing point for redeemable beverage containers.
(25) "Grandfathered" is a term which refers to recycling centers that meet the requirements of section 2500(c) of these regulations.
(26) "Importing" means the act of bringing into this State a filled or unfilled empty beverage container or empty beverage container component.
(27) "Indelibly" means that the redemption message is permanently affixed on the beverage container from the point of purchase until the point of redemption and cannot be smeared or removed during regular use.
(27.1) "Individual Commingled Rate" means a commingled rate approved by the Division which is applicable to dropoff or collection, community service, or curbside programs, which have obtained prior approval from the Division.
(27.5) "Interested person" means a supermarket, dealer, certified recycling center, person with a pending certification application, located in or in close proximity to the zone under consideration for an exemption or revocation of an exemption, or a local government agency with jurisdiction over the area where the zone under consideration for an exemption or revocation is located.
(27.6) "Line Breakage," for purposes of these regulations, means preconsumer material that is recycled or disposed of by a container manufacturer, beverage manufacturer, distributor, or dealer.
(27.7) "Letter of Denial" (LED) means a notice sent to program participants denying requests to conduct an individual commingled rate survey or denying approval of an individual commingled rate, or revoking an individual commingled rate for reason(s) indicated in the LED.
(28) "Location" means the street address where the facility operates.
(29) "Location of End Use" means the place where beverage containers or materials are physically reconstituted for purposes other than sorting, shredding, stripping, compressing, storing, landfilling, disposing, or other activities which do not result in recycling.
(29.5) "Low volume" means an average monthly volume, as defined at Section 14503.5 of the Act, which is less than the statewide average monthly volume of recycling centers in convenience zones. Average monthly volumes shall be calculated annually and shall apply during the calendar year immediately following the calculation.
(30) "Material" means the physical substance used to manufacture a beverage container or food and drink package including, but not limited to, aluminum, bimetal, glass, and plastic.
(30.7) "Milk" means the lacteal secretion which is obtained from the udder of a cow or goat.
(31) "Minimum Lettering Size" is applicable to the height of all the letters in the redemption message.
(32) "Nonaffiliated seller" means any person who sells scrap beverage container material types to a certified processor and is neither owned nor managed in common with such processor.
(32.4) "Notice of Denial" (NOD) means a notice sent to program participants denying requests for program payments, including handling fees, for reason(s) indicated on the notice. Handling fee notices will be sent for each denied site and will explain why the site was denied during a particular month.
(33) "Operator" means the person(s) or entity who has ultimate responsibility for a recycling facility, processing facility, dropoff or collection program, or community service program.
(34) "Person" means an individual, corporation, operation, or other entity, regardless of its form, subject to the Act.
(35) "Processor" means any person, including a scrap dealer, who purchases or offers to purchase empty beverage containers from more than one recycling center in this state and is responsible for cancelling empty beverage container(s) in a manner prescribed in section 2000(a)(4) of these regulations.
(35.1) "Processor Invoice" means the report required in section 2425 of these regulations which the Department uses to determine payment to a certified processor.
(36) "Public Agency" means the city, county, district or other government entity which operates a curbside program or which has the authority to approve or acknowledge the operation of a curbside program.
(36.5) "Recycling Center" means those operations defined in Section 14520 of the Act and includes "Nonprofit Convenience Zone Recycler" as defined in Section 14514.7 of the Act and "Rural Region Recycler" as defined in Section 14525.5.1 of the Act.
(37) "Redeem" means to return an empty beverage container which bears the message as required in Section 14561 of the Act to a certified recycling or processing facility and receive refund value for the container.
(38) "Redeemable Beverage Container" means a container which bears the message as required in Section 14561 of the Act and has an established refund value.
(39) "Redemption Weight" is the weight of empty California redemption-labeled beverage containers.
(40) "Refund Value" means, in addition to the definition provided in Section 14524 of the Act, any amount paid by a noncertified recycler, dropoff or collection program, or community service program, or any payments received by a noncertified recycler, in excess of:
(A) For aluminum, the scrap price as listed in the American Metal Market publication.
(B) For glass, plastic and bimetal, the portion of the processing payment which are the costs for the recycler, as determined by the Division pursuant to Section 14575 of the Act.
(41) "Rejected Container" means a California redemption-labeled beverage container, which a container manufacturer or beverage manufacturer elects to recycle or dispose of without paying any applicable processing fee, or which a distributor elects to recycle or dispose of without paying the redemption payment. "Rejected containers" includes container tops, lids, or other components which bear the message as required in Section 14561 of the Act.
(41.05) "Representation of Materials" means a typical collection of commingled container materials, of the same material type, representing a ratio of empty beverage containers and all other containers collected by the program and surveyed by the operator to determine an individual commingled rate for dropoff or collection, community service, or curbside programs.
(41.1) "Rural Region" means a non-urban area identified by the Division on an annual basis using Farmers Home Administration criteria. Such criteria for area include, but are not limited to, places, open country, cities, towns, or census designated places with populations less than 10,000. Areas with populations between 10,000 and 50,000 may be designated as rural unless identified as part of, or associated with, urban areas, as determined by the Department on a case by case basis.
(41.2) "Scrap", for purposes of these regulations, is any recyclable container, including food or drink packaging material, other beverage containers, other nonredeemable containers, out-of-state beverage containers, line breakage or rejected containers, of the same material composition as redeemable containers covered by the Act.
(42) "Scrap Value" is the total net payment per ton to any nonaffiliated sellers in each of the following categories: Certified recycling centers, dropoff or collection programs, community service programs, registered curbside programs, and certified processors, for container material types.
(43) "Segregated" means divided by material type and that such divided load consists of 100% California Refund Value material.
(44) "Shipping Report" is the documentation of the receipt of material by a processor, or by a recycling center from another recycling center, dropoff or collection program, community service program, or curbside program. The shipping report is the basis for payments by the Division pursuant to Section 14573 of the Act.
(45) "Shrinkage" means the reduced value due to contamination of empty beverage containers by dirt, moisture, or other foreign substances.
(46) "Size" means the capacity of the beverage container in fluid ounces.
(47) "Statistical Sample" means an estimate with an 85% confidence level.
(47.1) "Supplemental Processor Invoice" means:
(A) A report to correct any shipping report(s) denied on the original processor invoice and/or
(B) A report to add any shipping report(s) to the original processor invoice for transactions that occurred within the same specific reporting period.
(47.2) "Total Net Payment", as used in subparagraph (a)(42) of this section and section 2425, means the amount paid for the reported monthly weight after deductions (e.g., transportation service) and additions (e.g., freight allowance) pertinent to the specific sales transaction have been made. "Total net payment" includes positive, zero and negative dollar amounts, as applicable. This subsection is not intended to relieve a processor of its obligation to pay refund value, administrative and processing payments pursuant to Sections 14539(b)(3) of the Act and sections 2400 and 2430 of this chapter.
(47.3) "Urban Area" means an area identified by the Division on an annual basis using Farmers Home Administration criteria. Such criteria for area include, but are not limited to, densely settled areas of continuous residential development with minimum population of 50,000. Areas with populations less than 50,000 and greater than 10,000 may be designated as urban unless identified as part of, or associated with, rural areas, as determined by the Department on a case by case basis.
(48) "Working Days" means all days except Saturdays, Sundays, and official California State Holidays.
(49) "Zonemate" means a supermarket which lies within the boundaries of a convenience zone other than the one that it creates.
Note: Authority cited: Sections 14530.5(b), 14536(b) and 14536.1, Public Resources Code. Reference: Sections 14500, 14501(f), 14503, 14503.6, 14504, 14505, 14506.5, 14509.5(b), 14511.7, 14512, 14512.5, 14513, 14514.4.1, 14514.7, 14517, 14518, 14518.5, 14519.5, 14520, 14520.5, 14520.6, 14522.5, 14524, 14525.5.1, 14526, 14530, 14530.2, 14536(a), 14537, 14538, 14539, 14550, 14552, 14561, 14571.2, 14571.8(b), 14572, 14573, 14573.5, 14573.51, 14574 and 14575(a) and (b), Public Resources Code.
Appendix A
Designation: E 708-79
Standard Specification for Waste Glass As a Raw Material for the Manufacture of
Glass Containers [FN1]
This standard is issued under the fixed designation E 708: the number immediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval.
1. Scope
1.1 This specification covers particulate glass (cullet material, recovered from waste destined for disposal, smaller than 6 mm intended for reuse as a raw material in the manufacture of glass containers.
2. Applicable Documents
2.1 ASTM Standards
C 162 Definitions of Terms Relating to Glass and Glass Products [FN2]
C 169 Chemical Analysis of Soda-Lime and Borosilicate Glass [FN2]
C 429 Sieve Analysis of Raw Materials for Glass Manufacture [FN2]
E 688 Testing Waste Glass as a Raw Material for Manufacture of Glass Containers [FN3]
3. Definitions
3.1 first glass cullet - a particulate glass material that contains no more than 0.1 weight % Fe 2 O 3 or 0.0015 weight % Cr 2 O 3, as determined by chemical analysis.
3.2 For definitions of other terms used in this specification, refer to Definitions C 162.
4. Representative Sample
4.1 The following requirements qualify the glass lot to be used for direct use in soda-lime glass container manufacturing. Sample should be prepared and examined in accordance with Methods E 688.
NOTE1 -A preponderant proportion of glass cullet will be soda-lime bottle glass, the glass cullet having a composition as follows, as determined by Method C 169.
Oxide Composition, Weight %
SiO2 66 to 75
A12 O3 1 to 7
CaO + MgO 9 to 13
Na2O 12 to 16
NOTE2 -All percents referred to in this specification are weight percents.
5. General Requirements.
5.1 The sample shall show no drainage of liquid and be noncaking and free flowing. A moisture content of less than 0.5 weight % is required to meet the free-flowing characteristics of a cullet that is predominantly of smaller particle size, 1.18-mm (No. 16) sieve or smaller.
5.2 Screen Size - No material shall be retained on a 6-mm (1/4-in.) screen. Material not exceeding 15 weight % shall pass through a 106- m m (No. 140) screen.
5.3 Organic Materials - The total content of organic materials, as measured in accordance with Section 6 shall not exceed 0.2 weight % of dry sample, except for color-mixed glass where the content of organic material may exceed 0.2 weight %. However, a content of organic material greater than 0.2 weight % must be held within a tolerance of + 0.05 weight %, with a maximum organic limit of 0.4 weight %.
5.4 Magnetic Materials -The total magnetic materials shall not exceed 0.05 weight % of dry sample weight for flint glass and 0.14 weight % for colored glass of dry sample weight in accordance with Section 6.
[FN1] This specification is under the jurisdiction of ASTM TM Committee E-38 on Resource Recovery and is the direct responsibility of Subcommittee E38.05 on Glass.
[FNCurrent] edition approved Nov. 30, 1979. Published February 1980.
[FN2] Annual Book of ASTM Standards, Part 17.
[FN3] Annual Book of ASTM Standard s, Part 41.
5.5 Permissible Color Mix for Color Sorted Glass Cullet by Weight:
5.5.1 Amber Glass Cullet:
90 to 100 % amber
0 to 10 % flint
0 to 10 % green
0 to 5 % other colors
5.5.2 Green Glass Cullet:
50 to 100 % green
0 to 35 % amber
0 to 15 % flint
0 to 4 % other colors
5.5.3 Flint Glass Cullet:
95 to 100 % flint
0 to 5 % amber
0 to 1 % green
0 to 0.5 % other colors
5.5.3.1 Percents above 0.1 weight % of Fe 2 O 3 or 0.0015 weight % of Cr 7 O 3, or both, as determined by chemical analysis shall be considered mixed color glass. These limits are consistent with industry experience on raw material.
5.5.3.2 Flint glass cullet may contain up to 1 weight % emerald green or 10 weight % Georgia green, or a combination within the limits: 1 % Georgia green = 0.1 % emerald green.
5.6 Other Inorganic Material (such as non-magnetic metals or refractories) -As measured, material larger than 850- m m (No. 20) screen size shall not exceed 0.1 % of the dry sample weight. Material smaller than 850- m m screen size shall not exceed 0.5 % of the dry sample weight.
5.6.1 Refractories -Based upon U.S. series screen size and sample weight, the following refractory particle limits shall apply for each screen fraction as stated below.
+20 mesh 1 particle per 18-kg (40-lb) sample
-20, +40 mesh 2 particles per 450-g (1-lb) sample
-40, +60 mesh 20 refractory particles per 450-g (1-lb) sample
5.6.2 Nonmagnetic Metals:
+20 mesh 1 particle per 18-kg (40-lb) sample
Upon failure to meet the previously stated specification limits, retesting is permissible.
6. Sampling and Testing
6.1 Sampling and testing shall be in accordance with Methods E 688.
The American Society for Testing and Materials takes no position respecting the validity of any patent rights assured in connection with any item mentioned in this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the risk of infringement of such rights, are entirely their own responsibility.
This standard is subject to revision at any time by the responsible technical committee and must be reviewed every five years and if not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standards and should be addressed to ASTM Headquarters. Your comments will receive careful consideration at a meeting of the responsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you should make your views known to the ASTM Committee on Standards 1916 Race St., Philadelphia, Pa. 19103, which will schedule a further hearing regarding your comments. Failing satisfaction there, you may appeal to the ASTM Board of Directors.
s 2005. Certification Required.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, 14539 and 14541.5, Public Resources Code.
s 2010. Applicant Qualifications.
(a) Any operator of a recycling center, a dropoff or collection program, community service program or a processing facility shall be eligible to apply for certification in the respective category from the Division.
(b) A processor shall meet the requirements and be certified to operate a recycling center in order to receive any payments from the Division for beverage containers purchased by the processor directly from consumers.
(c) Operators certified by the Division must establish and maintain an office in California where records and reports meeting the requirements of Articles 3 of Subchapter 5 and Article 3 of subchapter 6 of these regulations will be stored and available for inspection at the request of the Division. The office shall be identified on the application for certification as the business address of the operator.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14514.5, 14538, 14539, 14540 and 14553(b), Public Resources Code.
s 2015. Filing of Applications for Certification.
(a) Applications for certification, on a form(s) provided by the Division, shall be accepted and reviewed on a continuous basis as received.
(b) A separate, complete application shall be submitted to request certification to operate each recycling center, dropoff or collection program, community service program and processing facility.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, 14539 and 14540, Public Resources Code.
s 2020. Multiple Convenience Zones or Multiple Locations.
(a) The Division shall accept a single application for an individual recycling center to redeem empty beverage containers in more than one convenience zone only if the convenience zones overlap and the recycling center is located in the overlapped area of the convenience zones.
(b) The Division shall accept multiple applications from an individual operator of a recycling center or a processing facility requesting certification at more than one location.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14538, Public Resources Code.
s 2025. Certification Outside Convenience Zones.
(a) Certification of an operator of a recycling center shall not require that the recycling center be located within a designated convenience zone.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14538, Public Resources Code.
s 2030. Review of Applications.
(a) All applications for certification shall be reviewed by the Division for compliance with these regulations.
(b) The Division shall periodically conduct field investigations to verify the accuracy of information contained in the certification application and explain program requirements.
(c) 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:
(1) Complete and accepted for further review, or
(2) Incomplete and the reasons for the incompleteness.
(d) Upon determining that an application is complete, the Division shall notify the applicant in writing within forty-five (45) calendar days that such application is either:
(1) Approved,
(2) Approved with a probationary status, or
(3) Denied and the reasons for denial.
(e) In determining whether the operator is likely to operate in accordance with these regulations, the Division shall review the certification history of the operator and other individuals identified in the application as responsible for the recycling center, processing facility, dropoff or collection program, or community service program operation.
(f) The Division shall review its records to determine whether one or more certified entities have operated within the past five years at the same location that is the subject of an application for certification of a recycling center or processor. If one or more entities have operated at the same location, the Division shall review the certification history of the entity or entities certified at the same location within the past five years and determine whether the operations at the location exhibit, to the Division's satisfaction, a pattern of operation in compliance with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder.
(g) Reasons for denial of applications may include, but shall not be limited to, any of the following:
(1) Failure to provide information or documentation to complete the application as stipulated in section 2045 and 2055 of these regulations;
(2) The operator is unwilling to accept and redeem all beverage container types;
(3) The recycling center operator does not agree to be open for business at least thirty (30) hours per week, five (5) of which are other than from 9 a.m. to 5 p.m. on Monday through Friday;
(4) The operator's certification history demonstrates outstanding fines, penalties, or audit findings;
(5) The operator's certification history discloses decertification of a recycling center, processing facility, dropoff or collection program, or community service program within the past two-year period;
(6) The operator's certification history demonstrates a pattern of operation in conflict with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder; or
(7) For applications for certification of recycling centers or processors, the certification history of one or more entities certified at the same location within the past five years fails to demonstrate to the Division's satisfaction a pattern of operation in compliance with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder.
(h) Notwithstanding paragraph (3) of subsection (g) above, the Division may allow the applicant to operate less than 30 hours per week if all of the following conditions are met:
(1) the recycling center will be located in a designated rural region; and,
(2) the recycling center will not be located within a convenience zone; and,
(3) the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, 14539, 14540, 14541 and 14571, Public Resources Code.
s 2035. Withdrawal of Applications.
(a) An applicant shall have the right to withdraw an application from review by the Division. Such withdrawal shall be requested in writing and submitted to the Division.
(b) A withdrawal of application shall not prohibit the operator of a recycling center, dropoff or collection program, community service program or processing facility from reapplying at a later date.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538 and 14539, Public Resources Code.
s 2040. Submission of New Applications.
(a) The occurrence of any one of the following conditions shall require an operator to file a new application with the Division in accordance with section 2045 or section 2055 of these regulations:
(1) A change in the location of the recycling center or processing facility; or
(2) A change in the operator of the recycling center, dropoff or collection program, community service program or processing facility; or
(3) A change in category as defined in section 2000(a)(5) of these regulations; or
(4) With the exception of an operator who is currently operating under a probationary certification, expiration of the certificate; or
(5) A change in the type of organization operating the certified entity.
(b) A new application shall be submitted forty-five (45) calendar days prior to the occurrence of any of the conditions in subsection (a), above.
(c) If a new application is not received and approved by the Division on or before the expiration date of the certificate, the existing certificate shall expire and the operator shall not be eligible for any refund value, administrative fees, processing payments or handling fees from the date of expiration until a new application is approved. The Division shall review all new applications for renewal of certification in the same manner as initial applications.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14518.5, 14538, 14539 and 14541, Public Resources Code.
s 2045. Applications for Recycling Centers and Processors.
(a) To be considered complete, the applications (see Figures 1, 2, 3, and 4) shall contain the following information:
(1) The category of certification requested.
(2) The contact person, business address, mailing address, and telephone number of the organization.
(3) The type of organization which is requesting certification.
(A) If the organization is an individual doing or proposing to do business under a different name, the applicant shall provide a copy of any fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement and any fictitious business name statement.
(C) If the organization is a corporation, the applicant shall provide the corporate number and Articles of Incorporation and name and position of all current corporate officers as filed with the Secretary of State, any fictitious business name statement, and the agent for service of process.
(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.
(E) If the organization is a husband and wife co-ownership, the applicant shall provide both names and any fictitious business name statement.
(F) If the organization is a local government agency, the applicant shall provide a copy of the authorizing resolution from the governing board.
(G) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, any fictitious business name statement, and the agent for service of process.
(H) If the organization is a limited liability company from a state other than California, the applicant shall provide a copy of their certificate from the California Secretary of State authorizing the LLC to transact business in California.
(4) The federal identification number (employer ID number) of the organization.
(5) A history of past and pending certifications requested from the Division.
(6) The name, address, and phone number (if applicable) of the recycling center or processing facility.
(7) The physical location of the facility in relation to the nearest cross street.
(8) The name, address and phone number of the owner or leaseholder, if applicable, of the facility premises.
(A) If the applicant owns the property, a current mortgage statement or a current tax bill which specifically identifies the organization name and the facility location.
(B) If applicant is leasing, renting, or operating on donated space, a signed copy of a current lease, rental agreement or written permission from the property owner or leaseholder who has authority to determine use of the specific property shall be provided.
(9) Processors shall provide the actual days and hours open for business if a regular schedule is maintained or, if a regular schedule is not maintained, processors shall indicate that they transact business by appointment only. This is for informational purposes only and does not subject processors to the fine and penalty provisions of the Act.
(10) Recycling centers shall provide the actual days and hours open for business.
(A) For recycling centers which are staffed, "actual days and hours open for business" shall be those days and hours where staff are scheduled to be present and do not include lunch breaks.
(B) For recycling centers which consist of reverse vending machines, "actual days and hours open for business" shall include all of the following:
1. The days and hours when the machine is scheduled to be in operation, and
2. The days and hours when beverage containers which are odd-sized or made from materials other than aluminum, glass and plastic will be redeemed, and
3. The days and hours when any beverage containers not accepted by the reverse vending machine will be redeemed by the host dealer.
(11) With the exception of recycling centers which meet the criteria for grandfathering and processors, acknowledgment that the organization agrees to accept and redeem all types of redeemable beverage containers.
(12) For recycling centers, a general description of the methods used to collect, store and/or cancel redeemed beverage containers. This shall include, but is not limited to, the types of equipment and/or receptacles used and the staffing.
(13) For recycling centers, the organization shall indicate if applying as a rural region recycler or a nonprofit convenience zone recycler.
(14) Recycling centers which consist of reverse vending machines shall specify a method for redeeming empty beverage containers which are odd-sized, made from materials other than aluminum, glass and plastic, or otherwise not accepted by the reverse vending machine. In determining whether the method is acceptable, the Division shall consider, but not be limited to, the following:
(A) Convenience to the public,
(B) Volume of containers sold, and
(C) Size and shape of containers
(15) For processors, the type(s) of beverage containers which will be accepted.
(16) Processors shall describe which of the acceptable methods prescribed in section 2000(a)(4) of these regulations will be used to cancel redeemable beverage containers.
(17) The name, residence address, including city and zip code, and residence phone number of the applicant. Programs operated by limited liability companies, corporations or governmental agencies are exempt from this provision.
(18) For an organization seeking certification of a recycling center located on federal land, a written authorization from an authorized agent of the federal government which will allow inspectors from the Division to enter the federal property for the purpose of conducting audits and unannounced inspections of the recycling center, pursuant to section 2125 of these regulations.
(19) For organizations requesting certification to operate a grandfathered facility, evidence that the recycling center was in operation on January 1, 1986, and the types of beverage containers accepted on that date.
(b) The application shall be submitted on a form entitled "Certification Application, Recycling Centers and Processors," DOR 6/93 6, Rev. 10/99provided by the Division and signed by the applicant under penalty of perjury. The signature block shall contain an affidavit that the information in the application is true and that the organization agrees to operate in compliance with the Act and these regulations. (continued)