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(1) If the organization is a partnership, the application shall be signed by each partner.
(2) If the organization is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind said entity to a contract.
(3) If the organization is a husband and wife co-ownership, the application shall be signed by both the husband and wife.
(4) If the organization is a limited liability company, the application shall be signed by a managing member, Executive Officer, or other designated member with the authority to legally bind the limited liability company to a contract.
(5) The applicant shall provide the drivers license number of the applicant for identification purposes.
(c) An organization seeking certification to operate a recycling center as a nonprofit convenience zone recycler shall provide written documentation showing that its organization was established under Section 501(c) or 501(d) of Title 26 of the United States Code.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14514.7, 14515.6, 14538, 14539, 14540 and 14571(a), (b) and (d), Public Resources Code.
s 2046. General Content of Applications for Dropoff Programs and Collection Programs.
s 2050. Plan of Operation for Recycling Centers, Nonprofit Dropoff Programs and Processors.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14515.6, 14538, 14539, 14540, 14541.5, 14542, 14571(a), (b) and (d), Public Resources Code.
s 2051. Filing and Review of Applications for Certification of Dropoff and Collection Programs.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
s 2055. Applications for Dropoff or Collection Programs and Community Service Programs.
(a) To be considered complete, applications (See Figures 5, 6, and 7) shall contain the following information:
(1) The contact person, title, organization name, business address, mailing address and daytime telephone number of the person, association, corporation, church, club or other organization requesting certification.
(2) 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, the 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.
(3) The federal identification number (employer ID number) of the organization.
(4) A history of past and pending certifications requested from the Division.
(5) The name of the program, if different from the organization name (i.e., association, corporation, church, club or other organization).
(6) The types of empty beverage containers collected or accepted.
(7) A description of the recycling program demonstrating that it meets the criteria for a dropoff or collection program as defined in section 2000(a)(20) or a community service program as defined in section 2000(a)(11) of these regulations.
(8) If seeking certification as a neighborhood dropoff program, the applicant shall so state.
(9) If the program separates beverage containers from mixed municipal waste, a copy of the current permit or formal acknowledgement from the local government agency.
(10) The number and location of any dropoff sites.
(11) If applicable, the business name, address, contact person's name and telephone number of three (3) bars, restaurants, hotels or motels, or other commercial or industrial establishments, from which the organization collects empty beverage containers.
(12) 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.
(13) The application shall be submitted on a form entitled, "Certification Application, Dropoff or Collection Programs and Community Service Programs," DOR 6/93 7, Rev. 10/99 provided by the Division and signed by the applicant under penalty of perjury.
(A) 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.
(B) If the organization is a partnership, the application shall be signed by each partner.
(C) If the organization is a firm, association, corporation, county, city, public agency or other government entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind said entity to a contract.
(D) If the organization is a husband and wife co-ownership, the application shall be signed by both the husband and wife.
(E) If the organization is a limited liability company, the application shall be signed by a managing member, Executive Officer, or other designated member with the authority to legally bind the limited liability company to a contract.
(F) The applicant shall provide the vehicle license number and driver license number of the applicant for identification purposes.
(14) For an organization seeking certification of a dropoff or collection program 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 dropoff or collection program, pursuant to section 2125 of these regulations.
(b) An organization seeking certification as a neighborhood dropoff program shall provide:
(1) An area map noting the dropoff locations included in the program; and
(2) The specific address of each dropoff location included in the program.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
s 2060. Certification Required.
(a) With the exception of section 2060(b), the certificate shall be kept on file at the recycling and/or processing facility. An operator may request that the certificate be kept on file at another location, and the Division shall grant approval of such request when the request is submitted in writing and the following conditions are met:
(1) A facsimile of the certificate with a statement indicating where the original certificate is maintained is kept on file at the recycling and/or processing facility, and
(2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of Article 3 of subchapter 5 and Article 3 of subchapter 6 of these regulations are maintained.
(b) The certificate issued to the operator of a reverse vending machine, dropoff or collection program, or community service program shall be kept on file at the main business office of the operator where records and reports meeting the requirements of Article 3 of subchapter 5 and Article 3 of subchapter 6 of these regulations are maintained.
(c) With the exception of probationary certificates and certificates whose term is otherwise limited by law, the certificate for recycling centers and processors shall be valid for five (5) years and the certificate for dropoff or collection programs and community service programs shall be valid for two (2) years from the date the certification application is approved by the Division, or until such time as it is surrendered by the operator, or suspended or revoked by the Division.
(d) The certificate is neither transferrable nor assignable to any other person, company, processor, recycling center, dropoff or collection program, community service program or other entity.
(e) The certificate is issued to a specific operator of a recycling center or processing facility for a specific category of certification for a specific location. The certificate issued to a dropoff or collection program or community service program is issued to the operator for a specific category.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538 and 14539 Public Resources Code.
s 2065. Posting of Certification.
(a) The certification sign provided by the Division shall be prominently displayed where it can be viewed by customers approaching the recycling center.
(b) The certification sign may be posted at a location which varies from the provisions of this section if requested in writing and approved in writing by the Division.
(c) The certificate or certification sign shall not be displayed by any person, company, processor, recycling center, dropoff or collection program, community service program or other entity not approved for certification by the Division. Dropoff or collection programs or community service programs, and processors are not required to post a certification sign.
(d) The certificate is the property of the Division and shall be returned to the Division upon decertification, revocation of certification, invalidation of certificate or expiration of certification.
(e) The certification sign is the property of the Division and, at the request of the Division, this sign shall be returned to the Division upon decertification, revocation of certification, invalidation of certification or expiration of certification. Certification decals are exempt from this provision.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, and 14539 Public Resources Code.
s 2070. Applicability.
To the extent that a person performs the functions of more than one entity (such as beverage manufacturer and distributor or recycling center and processor) governed by these regulations, such person shall separately comply with the applicable subchapter and article for each function. The provisions of this article apply to every person subject to regulation under the Act, including but not limited to container manufacturers, beverage manufacturers, distributors, recycling centers, and processors, unless specifically stated otherwise.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14530.5 and 14536, Public Resources Code.
s 2075. Examinations.
(a) The Division or persons authorized by it shall conduct examinations of curbside programs, recycling centers, processors, beverage manufacturers, distributors, and any other person subject to audit or examination pursuant to the Act. Nothing herein shall limit the authority of the Division pursuant to the Act to audit, examine, review, inspect, or otherwise determine the compliance of any person with the Act or this chapter.
(b) An examination is a review, of any books, records, accounts, or on-site operations, for the purpose of determining compliance with the Act or this chapter. Such reviews may include observation and inspection of transactions, verification of measurements, counts, weights or statistics, or other examination procedures regarding payments, transfers or other activities related to the Act. Nothing herein shall in any way limit the Division's ability to carry out its responsibilities pursuant to the Act.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14537, 14541(c), 14549.1, 14552 and 14553(b), Public Resources Code.
s 2080. Proprietary and Other Records Exempt from Disclosure.
(a) All information obtained by the Division pursuant to this chapter may be disclosed to the public upon request unless the information is exempt from such disclosure pursuant to the Act, the Public Records Act, or other applicable law. Information exempt from public disclosure includes, but is not limited to, proprietary information concerning specific sales or purchases; market reports; personal financial data; or other information as permitted by section 6255 of the Public Records Act (Government Code section 6255).
(b) 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.
(c) This subsection does not preclude the Department from compiling aggregate information for use in a final public document.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14551(b), Public Resources Code; Sections 6250-6267, Government Code.
s 2085. Records.
Any records which persons are required to maintain pursuant to theseregulations shall be kept in accordance with the following provisions:
(a) Location of Records.
(1) Records of certified recycling centers and certified processors shallbe kept at the business address identified in the application for certification pursuant to section 2045(a)(2) or (a)(6) of these regulations. Recordsmay be moved to and kept at a different location if notice is given to theDivision pursuant to subsection (3) below.
(2) Container manufacturers in this state, beverage manufacturers inthis state, and distributors shall give the Division notice of the locationof their records on or before October 1, 1987. Notice of any change inlocation, or intent to establish a new location of such records, shall be provided pursuant to subsection (3) below.
(3) Notice shall mean written notice stating the full name of the person; certification number where applicable; complete present and future addresses of the location of the records, and name and phone number of theindividuals responsible for such records. Such notice shall be submittedno less than 10 days prior to any change in location or establishment ofa new location.
(4) Records of dropoff or collection programs and community serviceprograms shall be kept at the business address identified in the application for certification pursuant to section 2055(a)(1) of these regulations.Records may be moved to and kept at a different location, if notice is given to the Division pursuant to subsection (3) above.
(b) Record Retention Period. Records shall be maintained for at leastfive years following their preparation.
(c) Suitability for Examination. Any receipt or log records that certified recycling centers other than reverse vending machines are requiredto maintain pursuant to this chapter shall be original receipt or log records. All records maintained pursuant to this chapter shall be suitable forexamination. All records suitable for examination shall be prepared andretained in accordance with all of the following conditions:
(1) records must be legible;
(2) records must be stored at the address identified by the certified operator pursuant to subsection (a)(1), (3) or (4) above;
(3) records must be stored in a secured area where the records are protected from debris, moisture, contamination, hazardous waste, fire andtheft;
(4) records shall not be stored in an unprotected area, stored in an outside location, stored in a motor vehicle or stored in a location where therecords are likely to become contaminated, damaged or stolen.
(d) If the Department determines that records do not meet the conditions in Section 2085(c), the Department may take disciplinary actionagainst the certificate holder pursuant to Section 14591.2(c) of the Act.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code.Reference: Sections 14537, 14538, 14539 and 14552, Public Resources Code.
s 2090. Reports, Notices, and Claims Submitted to the Division.
(a) Except where specifically provided otherwise, any reports, notices, and claims prepared pursuant to this chapter shall be prepared and submitted in the form designated by the Division. Only reports, notices, and claims in such form and bearing an original signature pursuant to subsection 2090(d)(4) shall be acceptable. The Division shall provide reporting forms to any person upon request.
(b) In lieu of submitting information on report forms provided by the Division, program participants who use Automated Data Processing (ADP) equipment for maintaining records and producing reports, may submit these ADP reports, provided that such reports:
(1) are consistent with the recordkeeping requirements of these regulations; and
(2) provide the information in the form and manner required by the Division.
Where magnetic tapes, diskettes, microfilms, or other ADP-produced reports are submitted in lieu of written reports, a representative of the submitting organization shall certify in accordance with subsections (d)(4) and (5) below, that these ADP reports are the actual records or were compiled from the actual records of the program participant.
(c) Except as provided in subsection (b) above, reports, notices, claims, and all applicable supporting data shall be accurate, complete, and typed or legibly handwritten in English using permanent ink. Errors shall be voided only by using a single line through the error. Correction fluid, correction tape or erasures shall not be used for correcting errors on any documentation required by or submitted to the Department.
(d) All reports and claims to support payments to or from the Division shall contain all of the following information:
(1) The full name, address, and identification number of the entity preparing the report; and
(A) For recycling centers, dropoff or collection programs, community service programs and processors, the identification number shall be the certification number designated by the Division.
(B) For all other persons, the identification number shall be the Seller's Permit Number as designated by the state pursuant to Revenue and Taxation Code sections 6066 and 6067.
(C) If an entity preparing the report has no certification number or Seller's Permit Number, an identification number shall be obtained from the Division upon written request.
(2) The name and phone number of a contact person for purposes of the report; and
(3) The reporting period and date of preparation of the report; and
(4) The signature and title of the representative of the entity authorized to prepare the report. The signature block shall state that the information in the report or claim is correct to the best knowledge of the person submitting the report or claim; and
(5) The date and place of the signing of the claim or report.
(e) Failure to comply with any provision of this section, or other reporting requirements of this chapter, shall be grounds for the Division to reject or deny the report, notice or claim or take disciplinary action against the certificate holder pursuant to Section 14591.2(c) of the Act. Any such rejection shall not extend any applicable time period.
(f) In lieu of submitting multiple shipping reports to document transactions between affiliated recycling centers or the receipt of material by a recycling center or processor from a dropoff or collection program, community service program, or curbside program, certified processors and certified recycling centers may apply in writing to the Division for permission to file consolidated shipping reports.
(1) The Division shall approve or deny such requests within 45 days of receipt of the application; and, if the request is approved, a consolidated reporting number shall be issued to the applicant.
(2) The Division shall deny an application to file consolidated shipping reports if the recycling center or processor is not operating in compliance with Section 14538 or Section 14539 of the Act, as applicable.
(3) Upon obtaining written authorization from the Division, processors and recycling centers may consolidate their reporting records onto one shipping report for each delivery to another recycling center or processor and attach a detailed listing of each location's recycling activity for transactions from the effective date of the authorization forward.
(A) Processors and recycling centers shall retain copies of consolidated shipping reports and all supporting documentation.
(B) Consolidated shipping reports shall consist of the following general information, delivery-specific information and information related to totals (see Figure 8 for example):
1. Name and address of the receiving certified administrative office,
2. Certification number,
3. Material type,
4. Shipping report (DR-6) number,
5. Number of shipments,
6. Shipper's certification number,
7. Receipt and log dates, if applicable,
8. Received weight, excluding line breakage, rejected and out-of-state containers.
9. Redemption weight;
10. Adjusted redemption weight,
11. Refund value,
12. For glass collected by curbside programs that meets the requirements of Section 2850(e), the sorting facility shall be identified as either the Shipper (S), or the Receiver (R).
13. Total payments,
14. Total received weight, excluding line breakage, rejected and out-of-state containers.
15. Total redemption weight claimed,
16. Total adjusted redemption weight,
17. Total refund value,
18. Total payments.
(4) The Division shall revoke authorization to file consolidated shipping reports if the recycling center or processor is not operating in compliance with Section 14538 or Section 14539 of the Act, as applicable.
Figure 8.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7, 14518.5, 14538, 14539, 14541, 14549.1, 14550, 14551, 14552 and 14553, Public Resources Code; and Sections 6066 and 6067, Revenue and Taxation Code.
s 2095. Payments.
Payments to consumers shall be in cash or by check or by voucher, which is immediately redeemable for cash. All financial transactions shall be reported and recorded in currency of the United States of America ( "dollars"). Where the actual transaction is made in foreign currency it shall be converted to dollars for reporting and recording at the prevail ing exchange rate at the time of the payment. All payments to the Division shall be in dollars and made by either check, draft, money order or cashier's check payable to the State of California, Department of Conservation.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14553, 14574 and 14575, Public Resources Code.
s 2100. Penalties and Interest Charges.
(a) For violations of subchapters 1, 6, 7 and 9 and sections 2010, 2015, 2020, 2025, 2030, 2035, 2040, 2045, 2050, 2055, 2060, 2065, 2125, 2130, 2400, 2405, 2415, 2420, 2425, 2430 of chapter 5, division 2, title 14 of the California Code of Regulations and sections 14560.5(a), 14561(c), 14561(d), 14570, 14571.6 and 14572 of the Act, the Division shall issue a Notice of Violation. The Notice of Violation shall be issued to a responsible party (i.e., the manager or other person in authority) at the site of the violation and shall contain the information in subsections (1) and (4) below. A copy shall be served upon the legal owner of the entity, (respondent), within ten (10) working days. The Notice of Violation served upon the legal owner shall contain all of the following:
(1) A brief statement of the violation(s) alleged.
(2) A statement to the effect that the respondent has the right to a formal hearing, upon request, at which they may be represented by counsel.
(3) A statement that the respondent's right to a hearing will be deemed waived if respondent fails to respond in writing within 15 days from the date service of the Notice of Violation was received by the respondent, or respondent's agent for service, stating that he/she wishes to assert that right and that, in the event of such failure to respond, the Department may assess the maximum civil penalty permitted by law without a hearing.
(4) A sworn statement, signed by the Division inspector issuing the violation(s), verifying the acts or omissions which form the basis of the violation(s).
(b) For civil penalties sought by the Department pursuant to sections 14591.1, 14591.2, 14593, or 14594 of the Act, the Division shall provide for notice and a hearing regarding such penalties in accordance with the provisions of chapter 5 of the Administrative Procedure Act (Government Code Section 11500 et seq.); except that notice for violations of the Act, and the regulations enacted thereunder, enumerated in subdivision (a) shall be effected pursuant to the procedures in subdivision (a).
(c) Interest shall accrue from the date the payment was due.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14591.1, 14591.2, 14593 and 14594, Public Resources Code; and Section 11500 et seq., Government Code.
s 2105. Persons Certified as Both Processors and Recycling Centers (Dual Certified Entities).
(a) All persons certified as both a processor and a recycling center ( "dual certified entities") shall receive material from other recycling centers, curbside programs, dropoff or collection programs and community service programs as a processor. All receipts or reports of such transactions requiring the certification number shall be filled out with the processor certification number.
(b) For the purpose of complying with section 2420(b) of these regulations, a dual certified entity may summarize the total weight purchased at its recycling center for each shipping report period and record the information in the received weight section of the shipping report (DR-6 (11/05)). If this method is used, the dual certified entity shall use its daily summaries to summarize the total refund value from each reporting period and record that information on the DR-6. The total redemption weight will be then calculated, based on the refund value, and recorded on the DR-6. Out-of-state material, rejected material, and line-breakage material shall not be included in the summarized received weight.
(c) For the purpose of complying with section 2425(d) of these regulations, a dual certified entity may prepare more than one shipping report (DR-6 (11/05)) for transfers of material between its recycling center and its processor for each processor reporting period. If refund values, processing fees, administrative fees, or if any rate changes during a processor reporting period, a separate shipping (DR-6 (11/05)) report shall be prepared for each rate or fee change within that processor reporting period. The received date recorded on each shipping report shall be the last day of the receipt and log period.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14540, 14549.1, 14572 and 14573.5, Public Resources Code.
s 2110. Canceled Materials and Rejected Containers.
(a) Except as specified in subsection (b) of this section, no person shall pay or receive a refund value, processing payment, administrative fee, handling fee or other payment mandated by the Act or this chapter for any material that has been canceled, any rejected containers, or any line breakage containers.
(b) The Division shall pay applicable payments or fees to a processor for material canceled by the processor and reported pursuant to section 2425 of these regulations.
(1) A processor may issue a written authorization, for a period not to exceed one year, to a recycling center or another processor to cancel material.
(2) The processor shall submit a copy of the authorization in (b)(1) above to the Division at least 12 days prior to its effective date. The Division shall modify the beginning or ending dates, if the authorization is not submitted 12 days prior to its effective date or exceeds the one year limitation in 2110(b)(1) above. The Division shall have the authority to deny the authorization and must notify the parties of such denial, in writing, prior to the date the authorization would have become effective. If the Division does not deny the authorization, in writing, prior to the effective date the authorization shall be deemed approved.
(A) The Division may deny an authorization to cancel only upon the grounds enumerated as follows:
1. If aluminum beverage containers, the recycling center or another processor does not have the capability to shred the material or densify the material to at least 15 pounds per cubic foot.
2. If, for any beverage container type, the recycling center or another processor has been found to be in violation of sections 14538(b) or 14539(b) of the Act within the prior two year period of the requested date of the authorization to cancel and the violation(s) has (have) not been corrected.
(3) Notwithstanding (1), above, a processor shall not issue an authorization to a recycling center or another processor to cancel aluminum beverage containers unless such recycling center or processor either shreds the material or densifies the material to no less than 15 pounds per cubic foot prior to cancellation by shipment to a location of end use or shipment out-of-state and the processor has verified that the recycling center or processor has the equipment to densify, or shred, and that the equipment is properly functioning at the time the authorization is given.
(4) The authorization in (b)(1) above shall contain all of the following information:
(A) The dates during which it shall be in effect.
(B) The certification numbers of both the recycling center or other processor and the authorizing processor.
(C) The material type which the recycling center or other processor is being authorized to cancel and the method of cancellation.
(D) The manufacturer and model number of the equipment being utilized to cancel the material, if applicable, and the manner by which the processor verified that the equipment is properly functioning.
(5) The Division shall have the authority to immediately revoke, effective upon written notification to both parties, any authorization to cancel aluminum beverage containers if the authorized recycling center or other processor is no longer capable of shredding or densifying to at least 15 pounds per cubic foot, or does not do so.
(6) The Division shall have the authority to immediately revoke, effective upon written notification to both parties, an authorization to cancel for any beverage container type, if the recycling center or other processor is found to be in violation of sections 14538(b) or 14539(b) of the Act.
(7) Notwithstanding section 2000(a)(4), material disposed of pursuant to section 2410 shall be deemed canceled.
(c) For material not physically delivered to a processor pursuant to this section and section 2430(a)(3) of these regulations for which the processor paid, or will pay, the refund value, the Division shall have the authority to inspect the load or loads of material, and examine the records pertaining to such loads, at the location of end use or any other location where the material was physically delivered.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14518, 14518.5, 14538, 14539, 14552.51, 14553, 14573 and 14573.5, Public Resources Code.
s 2111. Mobile Buyback Pilot Study.
s 2112. Load Inspection Requirements.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14538, 14539 and 14553, Public Resources Code.
s 2115. Computation of Time and Weight.
(a) Time shall be computed or determined in accordance with California Code of Civil Procedure section 12.
(b) Weight shall be measured, recorded and reported in short tons, pounds and fractions thereof. All weighing in this state shall be done on a scale or other device approved, tested and sealed in accordance with division 5 of the Business and Professions Code (Weights and Measures) and any applicable regulations thereunder.
(c) For redemption of empty beverage containers by count, weight shall be determined and noticed as provided in subchapter 12 of these regulations.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14551(b) and 14552, Public Resources Code.
s 2120. Dates.
(a) The date of any sale or transfer of material shall be deemed to be the date of delivery to the person receiving it.
(b) Reports, complaints, notices and other information submitted to the Division shall be deemed to be submitted on the date of the postmark or the date received by the Division, whichever is earlier.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14551(b) and 14552, Public Resources Code.
s 2125. Inspection Authority.
(a) An applicant, certified operator, or curbside program shall provide access to the operator's facility or program to staff authorized by the Division for any one or all of the following purposes:
(1) To determine compliance with the Division's regulations and with the provisions of the Act, or
(2) To determine the accuracy of the information provided in the application for certification, or
(3) For the investigation of complaints related to compliance with the Division's regulations and with the provisions of the Act, or
(4) To obtain allowable cost survey data required for the Division to carry out its responsibilities pursuant to section 14575 of the Act, or
(5) To inspect all records, required by section 2420(h), upon which the scrap value surveys are based.
(b) Failure to submit to inspections described in subsection (a) above shall result in either:
(1) Denial of an application if said application is pending, or
(2) Revocation of a certification, or registration, or
(3) Suspension of a certification, or registration.
(4) Imposition of civil penalties pursuant to Section 14591.1 of the Act.
Note: Authority cited: Section 14530.5(b), Public Resources Code. Reference: Sections 14537, 14538, 14539, 14540, 14549.1 and 14575, Public Resources Code.
s 2130. Hearings.
(a) Notice shall be given to the operator of record pursuant to chapter 5 (Administrative Adjudication) of division 3 of title 2 of the Government Code, commencing with Section 11500, of the Division's intent to hold adjudication proceedings to consider any or all of the following:
(1) Revocation of a certificate;
(2) Suspension of a certificate;
(3) Nonrenewal of a certificate; or
(4) Imposition of civil penalties on the certificate holder.
(b) Hearings concerning proceedings in (a) above shall be held in accordance with the provisions of chapter 5 (Administrative Adjudication) of division 3 of title 2 of the Government Code, commencing with Section 11500.
(c) Upon receiving notification of the Division's decision denying a certification application or notification to revoke a certificate issued to a dropoff or collection program or community service program, the operator shall have the right to request a hearing with the Department of Conservation.
(1) The operator shall submit directly to the director of the Department of Conservation, within ten (10) calendar days of receipt of the notification from the Division, a written request for a hearing. Such request shall include, at a minimum, all of the following:
(A) The operator's name, mailing address, and daytime telephone number; and
(B) The requested certification category, as defined in section 2000(a)(5) of these regulations, or current certification number; and
(C) The facility name and street address, if applicable; and
(D) The date on the notification from the Division and the stated reasons for denial or revocation; and
(E) A clear and concise statement of the basis for objecting to denial of the certification application or revocation of the certificate.
(2) The director of the Department of Conservation shall schedule the hearing within twenty (20) working days of receipt of the written request for a hearing.
(3) The director shall make a determination to sustain or reverse the Division's denial of a certification application or revocation of a certificate issued to a dropoff or collection program or community service program based on the Division's preliminary review findings and any additional information submitted at the time of the hearing by the operator.
(4) The operator shall be notified of the determination by the director in writing within seven (7) working days from the date the hearing is conducted.
Note: Authority cited: Section 14536, Public Resources Code. Reference: Sections 14511.7, 14538, 14539, 14541 and 14591, Public Resources Code; and Sections 11500-11528, Government Code.
s 2135. Unfair and Predatory Pricing.
(a) Complaints submitted pursuant to Section 14588.2 of the Act shall be filed on the Predatory Pricing Complaint Form, DOR 51 (Rev. 01/02) and shall contain all of the following information:
(1) The complainant's name, address, telephone number, facility or business name, and certification number. The complainant shall meet the requirements of Section 2000(a)(36.5) of these regulations.
(2) The name and address and, if known, the telephone number, certification number, and the owner/representative of the supermarket site recycling center alleged to have engaged in unfair and predatory pricing (hereinafter "respondent").
(3) A summary of the facts and allegations which form the basis of the complaint, including, but not limited to, all of the following:
(A) The date on which the alleged unfair and predatory pricing took place.
(B) The type of beverage container(s) in question.
(C) The amount paid for the beverage containers in question.
(4) A statement declaring the truth of the information and allegations contained in the complaint and the complainant's dated signature, signed under penalty of perjury.
(b) A complaint must be submitted within 60 days of the alleged occurrence that forms the basis of the complaint.
(c) A complaint will be deemed "received" by the Division, within the meaning of Section 14588.2 of the Act, only if it is submitted on the form prescribed by the Division and is determined by the Division to be complete.
(1) To be complete, a complaint shall contain all of the information required in subsection (a) above and shall comply with the requirements of Section 14588.2(a) of the Act.
(2) Once a complaint is deemed received, the Division shall mail copies of the received complaint to the complainant and the respondent. Each copy shall be clearly marked with the date that the complaint was deemed received.
(3) Upon notification by the Division that a complaint is incomplete pursuant to paragraph (c)(1) above, the complainant shall have ten calendar days in which to provide the information needed to complete the complaint. Any complaint that remains incomplete for more than ten calendar days after the complainant has been notified shall be rejected by the Division and may not be resubmitted by the complainant.
(d) The subject of a complaint submitted pursuant to Section 14588.1 of the Act must be a supermarket site that receives handling fees.
(1) A supermarket site is a "supermarket site that receives handling fees," as that term is used in Section 14588.1, if the Division determines that a handling fee payment was disbursed to the supermarket site within sixty days before the date of the alleged unfair and predatory pricing.
(2) A compliant will be deficient on its face and rejected without further investigation, if the Division determines that the condition described in paragraph (d)(1) has not been satisfied.
(e) Upon the Division's receipt of a completed complaint regarding a supermarket site that receives handling fees, the Division shall conduct an audit as required by Section 14588.2 of the Act. The Division may conduct field visits and inspect recycler records in conducting the audit.
(1) The Division shall audit a three-day period, including the date of the alleged occurrence, the day before the alleged occurrence, and the day after the alleged occurrence.
(A) No later than five days after being notified of the Division's audit, each recycling center subject to the audit shall provide the Division with the records necessary to complete the audit. The necessary records include, but are not limited to, receipts, logs, and daily summaries. The records may be submitted to the Division via mail or facsimile, or made available to Division staff conducting a field visit to the recycling center.
(B) A recycling center's failure to provide timely or accurate information pursuant to paragraph (e)(1)(A) above is grounds for discipline pursuant to Sections 14591.1 and 14591.2 of the Act.
(2) The Division shall use the data compiled pursuant to paragraph (e)(1)(A) to calculate the average scrap value paid per pound by specified recycling centers.
(3) For purposes of this section, "average scrap value paid" is the per-pound average paid by all specified recycling centers over the three-day period in question, for the material or materials listed in the complaint, exclusive of the refund value. This is calculated by dividing the total amount paid for all audited transactions ($sum) less the total refund value paid for all audited transactions (CRV sum) by the total weight purchased for all audited transactions (#sum) as follows:
$sum - CRV sum =average scrap value paid
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# sum
(4) Per Section 14588.1(b) of the Act, and for purposes of this section, "specified recycling centers" are those that did not receive handling fees in three or more of the 12 whole months immediately preceding the date of the alleged violation.
(5) The audit will be limited to recycling centers located within either a five-mile or a ten-mile radius of the respondent as specified by Section 14588.1(a)(2) of the Act.
(f) Upon completing the audit required in Section 14588.2 of the Act, the Director, or the Director's designee, shall determine whether there is probable cause to believe that the respondent has engaged in unfair and predatory pricing.
(1) If the Director/designee determines that such probable cause exists, the Department shall convene an informal hearing pursuant to subsection (c) of Section 14588.2. The informal hearing shall be conducted pursuant to Chapter 4.5 (commencing with Section 11445.10) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) If the Director/designee determines that probable cause does not exist, the Division shall notify both the complainant and the respondent of this finding and the complaint shall be dismissed pursuant to paragraph (c)(5)(A) of Section 14588.2 of the Act. The Division shall also resume payment of handling fees to the respondent, including payment of handling fees withheld pending resolution of the pending complaint, if the respondent is otherwise eligible to receive those handling fees.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14588, 14588.1, 14588.2, 14591.1 and 14591.2, Public Resources Code.Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14588, 14588.1, 14588.2, 14591.1 and 14591.2, Public Resources Code.
s 2140. Unfair and Predatory Pricing Determination Hearing.
Note: Authority cited: Section 14536, Public Resources Code. Reference: Section 14585(f), Public Resources Code, and Section 11505(c), Government Code.
s 2200. Labeling Required.
(a) A beverage manufacturer shall indicate on every nonrefillable beverage container sold or offered for sale in the state by the beverage manufacturer the message as required in Section 14561 of the Act.
(1) All nonrefillable beverage containers sold, on and after the effective date of inclusion under the Act, by any person to a distributor, dealer, or consumer shall be labeled in accordance with this section.
(b) Beverage containers shall be clearly, prominently, and indelibly marked as indicated in subsection (a) by painting, printing, scratch embossing, raised letter embossing, or permanent ink jetting, in the specific manner indicated in paragraphs (1), (2), (3) or (4):
(1) Metal containers, excluding metal bottles, shall be marked on the top end of the container in minimum lettering size at least 3/16 inch in height. Metal containers, excluding metal bottles, with a top lid of two inches or less in diameter shall have a minimum lettering size of at least 1/8 inch in height.
(A) Scratch embossed lettering shall be of a minimum width of 0.004 inch of disturbed surface metal.
(2) Glass containers and plastic containers shall be free of notations resembling "No Deposit-No Return," and shall be marked either:
(A) Along the bottom edge of the container body label in minimum lettering size at least 3/16 inch in height;
(B) On or in a secondary label in minimum lettering size at least 3/16 inch in height; or
(C) On a container body label or secondary label with contrasting colors with legible lettering in minimum lettering size at least 1/8 inch in height. Contrasting colors shall direct the reader to the message required in subsection (a).
(3) Plastic portion controlled cups that have peelable, heat sealed lids that are not resealable, shall be marked in a minimum lettering size of at least 1/8 inch in height on either the side of the container only, or on the lid and bottom of the container.
(4) Metal bottles shall be marked on the side of the bottle in minimum lettering size at least 3/16 inch in height.
Note: Authority: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14504(c), 14561, 14530.5 and 14536, Public Resources Code.Authority: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14504(c), 14561, 14530.5 and 14536, Public Resources Code.
s 2220. Applicability.
In addition to the general requirements of subchapter 2 of these regulations, container manufacturers in this state shall comply with the provisions of this article. Persons other than container manufacturers in this state need not comply with this article.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5 and 14536, Public Resources Code.
s 2225. Recordkeeping.
A container manufacturer shall maintain records of any recycling, processing, or other transfer of containers rejected and any payments therefor. These records shall include receipts from the recycling center, processor, or other recipient. Such receipts shall be signed by the recycling center, processor, or other recipient and shall state the weight by material type of rejected containers and any payments made or credit granted therefor. Such records shall be maintained in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14541(d), 14552 and 14575, Public Resources Code.
s 2230. Applicability.
(a) Except where other persons are responsible as provided in subsections (b) and (c), in addition to the general requirements of subchapter 2 of these regulations, a beverage manufacturer shall be responsible for the recordkeeping, reporting, and processing fee payments of this article.
(b) Out-of-state vendors, holding a certificate of compliance with the Department of Alcoholic Beverage Control, of beer and other malt beverages located outside of California which sell or transfer filled beveragecontainers to California shall, pursuant to Public Resources Code Section 14575(g)(2), be deemed to be the beverage manufacturer for payment of processing fees and shall be responsible for the recordkeeping, reporting, and payment responsibilities described in sections 2235(d), 2240, and 2245. (continued)