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(continued)
(c) Beverage manufacturers shall notify the Division in writing if another entity has agreed to report and make payments on the beverage manufacturer's behalf. The beverage manufacturer shall submit to the Division a copy of the written agreement between the beverage manufacturer and the entity, which has agreed to report and make payments on the beverage manufacturer's behalf. A copy of the written agreement shall be submitted to the Division within 10 working days of the initial agreement and any subsequent changes or termination of the agreement. The agreement shall include but is not limited to:
(1) The name of each company involved in the agreement.
(2) The beverage manufacturer identification number of each company.
(3) The business and mailing address of each company.
(4) A statement signed and dated by an authorized representative from each company indicating one company has agreed to report and pay for another company.
(d) Nothing in this article shall be construed to require the Division to transfer any of the responsibilities set forth in this article, nor shall the Division be prohibited from holding the in-state beverage manufacturer, distributor, dealer, and/or consumer liable for any due and unpaid processing fees.
Note: Authority cited: Sections 14506, 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14536 and 14575(g), Public Resources Code.
s 2235. Recordkeeping.
A beverage manufacturer shall maintain the following records in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.
(a) Transactions with a Container Manufacturer. A beverage manufacturer shall maintain the following records evidencing the receipt of beverage containers or components thereof. Such records shall include all bills of lading, other shipping documents, and the following information:
(1) Date of receipt of shipment;
(2) Quantity, material type, size, and component type, if applicable, of beverage containers or components in shipment;
(3) Full name and address of shipper; and
(4) Cancelled checks or other proof of payment (receipts), invoices, and statements regarding container manufacturers' payment or credit for processing fees pursuant to the Act.
(b) Rejected Containers. A beverage manufacturer shall maintain records of any recycling, processing, or other disposition of rejected containers and any payments therefor. These records shall include receipts or statements signed by the recycling center, processor, or other recipient. Such receipts or statements shall state the weight by material type of rejected containers and any payment made or credit granted therefor.
(c) Sales and Transfers of Beverage Containers by a Beverage Manufacturer. A beverage manufacturer shall maintain records, by individual sale or transfer, of all sales or transfers of beverage containers to distributors, dealers, or consumers, and any payments made therefor. The records shall include all of the following:
(1) The number, by material type, of beverage containers sold or transferred to dealers, distributors, or consumers;
(2) The date of the sale or transfer;
(3) The full name and address of the buyer or other transferee, and shipping name and address if different; and
(4) Proof of payment for the beverage containers sold or transferred, such as invoices and statements.
(d) Processing Fee Report Records. A beverage manufacturer shall retain a copy of the Beverage Manufacturer Report, DR-4 (1/00) submitted to the Division pursuant to section 2240 of this subchapter, and proof of payment and receipts for processing fee payments made to the Division.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14541(c) and (d), 14552 and 14575, Public Resources Code.
s 2240. Reporting.
For each month during which a processing fee applies to any beverage container material type sold or transferred by a beverage manufacturer, the appropriate beverage manufacturer, as determined by section 2230, shall prepare and submit to the Division the Beverage Manufacturer Report, DR-4 (1/00). The DR-4 (1/00) shall contain the following information in accordance with the general requirements for reporting as contained in section 2090 of these regulations.
(a) Sales and Transfers of Beverage Containers Subject to a Processing Fee. Each report shall contain all of the following information:
(1) The beverage manufacturer's name, address, manufacturer identification number, contact person, and telephone number of contact person;
(2) The reporting period;
(3) The number of beverage containers, by material type, sold or transferred in or into this state during the reporting period which are subject to a processing fee;
(4) The amount of the processing fee per beverage container and material type ( "unit fee");
(5) The amount of the processing fee payment for each material type, calculated by multiplying the beverage container count for each material type by the applicable processing fee per container;
(6) The amount of the total processing fee payment due, which is equal to the sum of the processing fee payments by material type pursuant to subsection (5); and
(7) The signature of an authorized representative and date signed.
(b) The DR-4 (1/00) shall be submitted no later than the tenth day of the second month following the month of sales. For example, sales of January 2000 shall be reported on March 10th, 2000, sales of February 2000 shall be reported on April 10th, 2000, sales of March 2000 shall be reported on May 10th, 2000, etc.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14552 and 14575, Public Resources Code.
s 2245. Payments.
Each beverage manufacturer, except as provided in section 2230(b), shall pay to the Division all applicable processing fees for the beverage containers that the beverage manufacturer sells or transfers to the following entities located in California: distributors, dealers, or consumers.
(a) Timing of payment. The payment is due on the same date as the report.
(b) Calculation of payment. A beverage manufacturer shall pay to the Division for each month the processing fee reported for that month pursuant to section 2240(a).
(c) Documentation. A beverage manufacturer shall submit a report as required by section 2240 with each payment.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14506, 14530.5, and 14575(h), Public Resources Code.
s 2300. Applicability.
In addition to the general requirements of subchapter 2 of these regulations, distributors shall comply with the provisions of this article. Persons other than distributors 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 2305. Recordkeeping.
A distributor shall maintain the following records by individual sale or transfer and in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.
(a) Receipt of Beverage Containers. A distributor shall maintain records, by individual sale or transfer, of all beverage containers received, including all containers which bear the message as required in Section 14561 of the Act. The records shall contain all of the following information:
(1) The quantity received by material type, of beverage containers, including all containers which bear the message as required in Section 14561 of the Act;
(2) The full name and address of the beverage manufacturer or other originating person; and
(3) The date the beverage containers, including all containers which bear the message as required in Section 14561 of the Act, were received by the distributor.
(b) Sale or Transfer of Beverage Containers. A distributor shall maintain records, by individual sale or transfer, of all beverage containers, including all containers which bear the message as required in Section 14561 of the Act on all CRV beverage containers, and refillable beverage containers sold or transferred to other distributors, dealers, or consumers. The records shall contain all of the following information:
(1) The quantity by material type of all beverage containers, including all containers which bear the message as required in Section 14561 of the Act, and refillable beverage containers;
(2) The full name and address (and the shipping or destination name and address, if different) of the dealer, consumer, or other distributor to whom the beverage containers, including refillable beverage containers and containers which bear the message as required in Section 14561 of the Act, were sold or transferred; and
(3) The date(s) the beverage containers, including all the containers which bear the message as required in Section 14561 of the Act, and refillable beverage containers, were sold or transferred.
(c) The Distributor Report, DR-3, (1/04) and Payments to the Division. A distributor shall maintain the DR-3 (1/04) and payment records prepared pursuant to sections 2310 and 2320 of this subchapter.
(d) Rejected Containers. A distributor shall maintain records of any recycling, processing, or other disposition of rejected containers and any payments therefor. These records shall include receipts or statements signed by the recycling center, processor, or other recipient. Such receipts shall state the weight by material type of the rejected containers and any payment made or credit granted therefor.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14537, 14550(b) and (c), 14561 and 14572.5, Public Resources Code.
s 2310. Reporting.
(a) A distributor shall prepare and submit to the Division the Distributor Report, DR-3 (1/04) in accordance with the general requirements for reporting contained in section 2090 of these regulations.
(1) The DR-3 (1/04) for sales or transfers of beverage containers shall be submitted no later than the last day of the third month following the month of sales. For example, sales of January 2000 shall be reported on April 30, 2000; sales of February 2000 shall be reported on May 31, 2000; sales of March 2000 shall be reported on June 30, 2000; etc.
(2) The DR-3 (1/04) shall contain all of the following information:
(A) The distributor's name, address, contact person, and telephone number of the contact person;
(B) The distributor's assigned identification number, specific to the beverage type reported. A report of sales or transfers of beer and malt beverage containers shall include an assigned identification number with the prefix "DB". A report of sales or transfers of beverage containers other than beer and malt beverage containers shall include an assigned identification number with the prefix "DS". A separate DR-3 (1/04) shall be submitted for each "DB" and "DS" identification number;
(C) The reporting period;
(D) The total number and total empty weight of beverage containers, by material type and size, including all containers which bear the message as required in Section 14561 of the Act, sold or transferred;
(E) The total number of beverage containers identified in subparagraph (C);
(F) Redemption payment and administrative fee:
1. The redemption payment for each material type by size, and
2. The total redemption payment,
3. The administrative fee deducted, and
4. The total due to the Division;
(G) The total number and total empty weight of refillable beverage containers sold, transferred, and returned to the distributor. Each of these items shall be reported by material type; and
(H) The signature of an authorized representative and date signed.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14550(b) and (c), 14560, 14561 and 14574, Public Resources Code.
s 2315. Reporting Additional Information.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5, 14560, 14561 and 14571.9, Public Resources Code.
s 2320. Payments.
(a) The distributor shall pay to the Division the total redemption payment for all beverage containers, including all containers which bear the message as required in Section 14561 of the Act, sold or transferred to dealers or consumers, less an administrative fee equal to one percent (1%) of the calculated redemption payment. Notwithstanding any other provisions of this subchapter, this administrative fee shall not be deducted from the calculated redemption payment, if the Division calculates the redemption payment owed by the distributor to the Division.
(b) Redemption Payments. The distributor shall compute the total redemption payment, by material type, by multiplying the number of beverage containers, including all containers which bear the message as required in Section 14561 of the Act, reported pursuant to section 2310(a), by the currently effective redemption payment per container for that material type. The currently effective redemption payment shall also be applicable for all containers which bear the message as required in Section 14561 of the Act.
(c) The redemption payment per container is determined by the Division pursuant to section 14560 of the Act and section 2900(b) of subchapter 12 of these regulations.
(d) The sum of the individual redemption payments by material type computed pursuant to subsection (b), shall equal the total redemption payment for the reporting period.
(e) Administrative Fee. The administrative fee equals one percent (1%) of the total redemption payment computed pursuant to subsection (b).
(f) Total Payment Due. The total payment due to the Division for each reporting period is calculated by subtracting the administrative fee computed pursuant to subsection (e) from the total redemption payment computed pursuant to subsection (b). The distributor shall submit to the Division the total payment due, accompanied by the reports required pursuant to section 2310.
(g) Recycling Center Handling Fee. The distributor shall negotiate a handling fee with each recycling center which returns or causes to be returned empty refillable beer or other refillable malt containers.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14561, 14572.5 and 14574, Public Resources Code.
s 2400. Operation Standards.
(a) All certified processors shall operate in accordance with all of the following requirements:
(1) Processors certified by the Division shall begin operation within sixty (60) calendar days of approval of the certification. Failure to begin operation within sixty (60) calendar days shall result in invalidation of the certification by the Division.
(2) The processor shall accept one or more type(s) of redeemable beverage container(s).
(3) Certified processors shall redeem empty beverage containers from any certified operators of recycling centers, dropoff or collection programs, or community service programs and operators of curbside programs which have been issued an identification number in accordance with these regulations. Payments shall be made in accordance with section 2430 of these regulations.
(4) Certified processors shall make payments and invoice the Division within the time periods specified in article 3 of this subchapter.
(5) Certified processors shall cancel redeemable beverage containers in any one or more of the manners prescribed in section 2000(a)(4) of these regulations.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14539, 14573, 14573.5 and 14573.6, Public Resources Code.
s 2401. Load Inspection Requirements.
(a) Certified processors shall inspect each load of containers, subject to the Act, delivered to the processor, for which refund value is claimed, to determine whether the load is eligible for any refund value and, if so, to determine whether the load is segregated or commingled, as follows:
(1) For any load delivered to a processor from a dropoff or collection program, community service program, curbside program or recycling center, each processor taking delivery of the material shall visually inspect each load of material by monitoring the unloading and/or conveyor process to determine eligibility and whether the load is segregated or commingled.
(b) In addition to the requirements of section 2110 of these regulations, a load of aluminum material shall be deemed not eligible for any refund value if there are pieces of broken, densified bales or biscuits of aluminum beverage containers within the load. This does not include cans which have merely been flattened. A load of plastic material shall be deemed not eligible for any refund value, if pieces of bales of plastic are found in the load.
(c) Once eligibility is determined, payment shall be calculated pursuant to section 2430 of these regulations.
(d) All out-of-state material, whether labeled with the message required in Section 14561 of the Act or not, and all rejected and line breakage containers are not eligible for any refund value payments.
(e) Notwithstanding Section 2530(b)(1) of these regulations, a certified processor shall not inspect, weigh or receive a load of material subject to the Act from a recycling center unless and until the shipper's section of the shipping report is completed and accompanies the load of material delivered to the certified processor's site.
(f) All rejected, line breakage or out-of-state containers in the load, whether labeled or not with the message required in Section 1451 of the Act, must be excluded from the received weight of the load.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14539 and 14553, Public Resources Code.
s 2405. Notification Requirements.
(a) Notwithstanding the requirements of section 2040 of these regulations, certified processors shall notify the Division in writing ten (10) calendar days prior to any of the following events:
(1) Change of name under which the processing facility is doing business,
(2) Change of business or mailing address or phone number of operator,
(3) Separation from parent company, if applicable,
(4) Merger with another company,
(5) Dissolution of the organization type identified in the applicationfor certification,
(6) Change in the type of redeemable beverage containers accepted,
(7) A change in the method a processor is using to cancel containers,
(8) Any change in a processor's status as a beneficiator as defined insection 2000(a)(3.1) of these regulations and Section 14503.6 of the Act.
(9) A change in the agent for service of process, if applicable,
(10) Any change in hours of operation, as presented in the applicationfor certification or subsequent notification to the Division, during whichcertified operators and curbside programs can deliver beverage containers to the processing facility. Processors who do not maintain regularhours are exempt from this subsection, and nothing in this subsectionshall result in processors being subject to the fine and penalty provisionsof the Act,
(11) A change in the type of organization,
(12) Change in the name of the contact person for the operator,
(13) Change in corporate officers, if applicable,
(14) Change in the name of organization,
(15) Any change in business ownership.
(b) A processor who intends to be decertified shall submit a written notification to the Division, which includes the proposed effective date.
Note: Authority cited: Section 14536(b), Public Resources Code. Reference:Sections 14503.6, 14539 and 14575, Public Resources Code.
s 2410. Notice of Disposal.
(a) Except as provided at Sections 14552.5 and 14552.51 of the Act, no processor shall dispose, have disposed, or authorize a recycling center operator to dispose of any empty beverage containers without written notice submitted to the Division at least ten days prior to disposal. For purposes of this section, disposal shall include burning, landfilling, or any other method of handling or processing material that is not consistent with recycling.
(1) Such notice shall clearly identify the place of disposal.
(2) The notice shall state the weight of the material, by material type, to be disposed.
(3) The notice shall be signed by an authorized representative of the processor and state the date and place of the signing.
(4) The signature block shall state that the information in the notice is correct to the best knowledge of the person signing the notice.
(5) For a specific load, or loads, authorization to dispose granted to a recycling center operator shall satisfy the requirement for authorization to cancel, pursuant to section 2110 of these regulations.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14501(h), 14518, 14519, 14538, 14539, 14552.5 and 14552.51, Public Resources Code.
s 2415. Applicability.
In addition to the general accounting requirements of subchapter 2, processors shall comply with the accounting and reporting provisions of this article. Persons other than processors 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 2420. Recordkeeping.
Processors shall maintain the following records in accordance with the general requirements set forth in section 2085 of these regulations.
(a) Shipping reports. Processors shall obtain shipping reports from each recycling center and also prepare shipping reports for material received from all other persons. Processors shall retain copies of all shipping reports.
(b) Weight tickets. Processors shall prepare and retain weight tickets indicating material and weight of individual loads of beverage containers by material type received from recycling centers and other persons. A copy of any weight ticket prepared pursuant to this section shall be provided to the shipper unless the receiving processor and the shipper are the same person and located at the same physical address or location.
(c) Processor reports to the Division. Processors shall retain copies of reports to the Division pursuant to section 2425 of these regulations.
(d) Verification of cancellation. Processors shall retain proof that the processor canceled or had canceled in accordance with section 2000(a)(4) of these regulations all empty beverage containers received. The verification shall include:
(1) For shipments by sea, the proof of cancellation by export from the state shall be the on-board bill of lading.
(2) For other shipments out of the State or to a location of end use, the proof of cancellation shall include a receipt issued by the person receiving the shipment and any applicable bill of lading.
(3) For other forms of cancellation defined in section 2000(a)(4) of these regulations, proof shall be a certification prepared in accordance with subsection 2090(d) of these regulations and signed by the person performing the cancellation. The certification shall identify the cancelled materials, the date of cancellation, and the method of cancellation, pursuant to subsections 2000(a)(4)(A), (B), (C), (D), (E), or (F) of these regulations.
(e) Records of processor to processor transactions. Processors shall prepare and retain a record of all exchanges of materials subject to the Act. Such records shall identify:
(1) The shipping processor and receiving processor(s):
(2) The date of the shipment, material type, and the weight of the material; and
(3) The amount of mixed-color glass collected by curbside program(s).
(f) Notices of Disposal. Processors shall retain copies of written notices of disposal sent to the Division pursuant to section 2410 of these regulations.
(g) The processor shall prepare and retain a receipt setting forth the weight and type of material delivered to the processor and payment made or credit granted for all scrap transactions. In addition, the receipt shall indicate if the load consisted of rejected containers, line-breakage containers, or out-of-state beverage containers.
(h) Records of scrap value survey data. Processors shall maintain records to support all of the information provided to the Division on the Scrap Value Purchases Survey Form DOR - SV (10/00) required by Section 2425(f) of this subchapter.
Note: Authority cited: Sections 14530.5, 14536 and 14536.1, Public Resources Code. Reference: Sections 14504, 14537, 14539, 14550, 14552 and 14575, Public Resources Code.
s 2425. Reporting.
The processor initially receiving material from recycling centers, curbside programs, dropoff or collection programs, or community service programs shall prepare and submit to the Division the report described in this section.
(a) The report shall be submitted monthly or, at the option of the processor, up to eight times per calendar month. The reporting periods for the month must cover from the beginning to the end of the calendar month and not overlap any days.
(1) All reports shall be submitted no later than the 10th day after the last day of the reporting period.
(2) Processors shall be allowed to submit no more than four supplemental processor invoices per material type, per original processor invoice, provided each is submitted no later than forty-five (45) days from the following events:
(A) The due date of the original processor invoice that the supplemental processor invoice covers, if it is for new shipping reports not previously submitted with the original processor invoice being supplemented; or
(B) The date appearing on the Notice of Denial (NOD) if the reports were previously denied or if the reports are a combination of new shipping reports not previously submitted with the original processor invoice and previously denied shipping reports.
(3) Processors shall be allowed to submit no more than two amended processor invoices per material type, per original processor invoice, provided each is submitted no later than ninety (90) days after the due date of the original processor invoice being amended.
(4) Nothing herein shall limit the Division's authority to accept an amended processor invoice which will result in money being owed to the State of California.
(b) The report shall contain the following information, by material type, in addition to the general requirements for reporting contained in section 2090 of these regulations.
(c) A summary of the processor's transactions during the period covered by the report, including all of the following information:
(1) The total weight of all material, including empty beverage containers received by the processor; and
(2) The total weight of empty beverage containers received, and the refund value, and applicable administrative and processing payments paid for such material by material type; and
(3) The computation and amount of the total processing payment due for the reporting period; and
(4) The computation and amount of the total administrative fee due for the period; and
(5) Total payments requested from the Division for the period. These payments are computed as the sum of the total reported refund value, the administrative fees due, and the processing payments due; and
(6) A statement indicating whether the materials which are the subject matter of the report are "for recycling" or "not for recycling."
(d) Each report shall also include copies of the shipping reports for the period of the report. The total number of shipping reports included shall be specified.
(e) Each report shall also contain a shipping report prepared by the processor for each shipment of materials received from any curbside program, dropoff or collection program, or community service program, and a shipping report for each shipment of materials received from a recycling center that has been prepared by the recycling center and completed by the processor. Each report shall include all of the following information:
(1) The name, address, and identification number or certification number, of the entity shipping the material to the processor, as well as the name and telephone number of a contact person; and
(2) The name and the certification number of the processor receiving the material; and
(3) The date the material was received and the material type covered by the report; and
(4) The received weight, excluding line breakage, rejected containers, and out-of-state containers; and
(5) The redemption weight; and, 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) in the QGIP (Quality Glass Incentive Payment) Box.
(6) The refund value paid; and
(7) The total administrative fees paid, when applicable; and
(8) The processing payments paid; and
(9) The printed name, title and signature of the shipper or an authorized representative of the shipper and date signed; and
(10) The weight ticket number; and
(11) The shrinkage deduction taken, if any; and
(12) The printed name, title and signature of an authorized representative of the processor and the date signed.
(f) Additionally each certified processor shall submit a Scrap Value Purchases Survey Form DOR - SV (10/00) report for purchases of beverage container material types every month. The DOR - SV (10/00) Scrap Value Purchases Survey Form shall be submitted to the Division no later than the 10th day of the month following the month of the report. The DOR - SV (10/00) Scrap Value Purchases Survey Form must be submitted regardless of whether or not purchases occurred in the applicable time period. In addition to the general requirements for reporting contained in section 2090 of these regulations, the DOR - SV (10/00) Scrap Value Purchases Survey Form shall contain all of the following information, if applicable:
(1) The processor's name, address and certification number, physical address, including city, phone number and date prepared; and,
(2) The month covered by the report; and
(3) The total weight, in tons, of each beverage container material type purchased, even if zero, from nonaffiliated sellers, excluding beverage container material types received in a form mixed with other beverage material types or material types not covered by the Act, in each of the following categories: certified recycling centers, dropoff or collection programs, community service programs, processors, registered curbside programs, any certified and non-certified entities; in the case of glass, beneficiating and nonbeneficiating processors shall be reported separately; and
(4) The total weight, in tons, of each beverage container material type received from affiliates and/or subsidiaries. Beverage container material that processors receive in a form mixed with other beverage container material types and/or material types not covered by the Act, whether from affiliates or nonaffiliates, shall be reported with the affiliated transaction after the material has been sorted and the received weight determined.
(5) The total net payment for the reported total monthly weight, in tons, for each beverage container material type purchased, by the reporting processor from nonaffiliated sellers in each of the categories listed in item 3 above; and
(6) For glass only, the monthly total weight, in tons, of purchased beverage container material types by color; and the monthly total weight of color sorted or mixed glass purchased from any non-affiliated beneficiating or nonbeneficiating processor; and
(7) For plastic, the monthly total weight, in tons, of purchased beverage container material types, by each plastic resin code type (1 through 7); and
(8) The printed name and signature of an authorized representative of the reporting processor.
(g) Processors purchasing materials directly from more than one curbside program, dropoff or collection program, or community service program may apply to the Division to request the use of alternative methods for preparing the corresponding shipping reports. The Division shall consider each proposed alternative method and issue a written approval or denial within forty-five (45) calendar days.
(1) In order for alternative methods to be accepted, they must be based on reasonable allocation methods.
(2) An application for an alternative allocation method shall be denied if:
(A) The received weight of the material purchased by an entity from the processor is not used to calculate allocations to the curbside programs, dropoff or collection programs, or community service programs; or
(B) The processor does not ensure that the weight of rejected containers, line breakage, and out-of-state containers is not included in the allocated weight (this does not require a physical separation); or
(C) The processor does not account for each incoming load of material; or
(D) The processor does not inspect incoming material to verify that it is eligible for refund value payments, as specified in section 2401.
(3) Processors may file a formal appeal by writing the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a notice denying an application requesting an alternative method for shipping report preparation. Appeals submitted after this time period shall be rejected. All written appeals shall include:
(A) A copy of the notice denying the allocation method;
(B) A detailed explanation of why the determination was in error; and,
(C) Any other documentation that supports the appeal.
(4) A written decision on the appeal shall be sent to the processor within seven (7) calendar days of the receipt of the appeal.
(h) Processors purchasing commingled glass from a certified dropoff or collection program including a "waste reduction facility", a certified community service program, or a registered curbside program, shall visually inspect every load delivered to determine eligibility for refund value and the level of contamination in the load. If a load presented to a processor is eligible for refund value and has residual or other contamination, the processor shall reduce the load for shrinkage. If a load has a residual or other contamination level of greater than 10% by weight, and the load is otherwise eligible for refund value, the receiving processor shall request an alternative method of preparing the shipping report for payment. The Division shall consider each proposed alternative method and issue a written approval or denial within forty-five (45) calendar days.
(1) In order for the alternative method to be accepted, it must:
(A) Be based on a recycled glass cleaning process that produces cullet which meets the American Society for Testing and Materials standard specification for waste glass as a raw material for the manufacture of glass as specified in Section 2000(a)(3.1)(A).
(B) Clearly state:
1. That the received weight, for beverage container redemption purposes, shall be determined from the cullet produced in (A) above.
2. That the redemption weight shall be determined using the applicable commingled rates and the received weight from 1.
3. That, if a sampling procedure will be used to determine the received weight of contaminated loads from each entity, the sampling procedure must be included with the request for an alternative method of preparing the shipping report.
(2) An application for an alternate method will be denied if:
(A) The total weight of all contaminated materials received at the facility is not recorded.
(B) All material received at this facility is not inspected for the presence of out-of-state, rejected, or line breakage containers and this weight excluded from shipping reports.
(C) Records accurately supporting both cullet sold and residual or contaminated material disposed of or used for an alternative market is not made available to Department staff upon request.
(D) The method does not clearly account for the weight of empty beverage containers for each certified dropoff or collection program including a "waste reduction facility", certified community service program, or registered curbside program from which the processor receives this material.
(3) When used in this subsection, "waste reduction facility" means a dropoff or collection program certified by the Department, which separates beverage container material types from mixed waste.
Note: Authority cited: Sections 14530.5, 14536 and 14536.1, Public Resources Code. Reference: Sections 14504, 14515.5, 14518.5, 14519.5, 14537, 14539, 14549.1, 14550, 14552, 14552.51, 14575 and 18015, Public Resources Code.
s 2430. Payments.
(a) Payments to recycling centers.
(1) Substantiation of payment. The processor shall weigh, and pursuant to section 2401, inspect all loads received from recycling centers before completing the receiver's section of the shipping reports. The processor shall do all of the following for materials received from recycling centers:
(A) Verify all calculations are accurate and that all other pieces of information shown on the shipping report, including signatures, are filled in.
(B) Record the received weight, excluding the weight of rejected containers, line breakage and out-of-state containers provided by the shipping recycler, onto the shipping report.
(C) Sign and date the shipping report to verify the receipt of the materials as indicated on the report.
(D) Calculate the refund value payment. If the redemption weight does not exceed the received weight by more than 2.5 percent, then the processor shall reimburse the recycler the refund value claimed. Otherwise, the processor shall multiply the received weight by the segregated rate per pound and record that amount as the refund value paid.
(E) Calculate the processing payment. If the redemption weight does not exceed the received weight by more than 2.5 percent, then the processor shall multiply the redemption weight claimed by the processing payment in effect on the date the material was received and pay that amount. Otherwise, the processor shall multiply the received weight by the processing payment in effect on the date the material was received and pay that amount.
(F) Calculate the administrative fee. The processor shall multiply the refund value paid from (D) by the administrative fee rate in effect on the date the material was received and pay that amount.
(2) In addition to the provisions of this section, processors shall not make any payments pursuant to the Act for materials which have not been delivered to the processor unless the following conditions are met:
(A) The shipper is a certified recycling center to which the processor has given authorization to cancel pursuant to section 2110 of these regulations; and
(B) The delivery to a location of end use and cancellation are verified in accordance with section 2420(d) of these regulations.
(3) In the case of processors that do not take delivery of the material, the weight shall mean the weight received by the entity to whom the material is physically delivered.
(4) In no case shall a processor make any payments pursuant to the Act for any material which the processor has rejected for any reason.
(b) Payments to curbside programs. Processors shall pay the refund value, administrative fees and any applicable processing payments for materials delivered to the processor from curbside programs. Processors shall adjust the refund value rate to account for shrinkage in the same manner as set forth in subsection 2535(e) of these regulations.
(1) Substantiation of payment. The processor shall compute the refund value, administrative fees and applicable processing payments based upon the materials delivered on the shipping report prepared pursuant to subsection 2425(c) of these regulations. The processor shall provide a duplicate copy of the shipping report to the shipper. Notwithstanding any other provision of this subchapter, curbside programs may not be paid at more than the applicable statewide average commingled rate, or the Division's approved individual commingled rate.
(2) Calculation of payment and fee.
(A) The processor shall pay based on the received weight of the material, excluded the weight of rejected, line breakage and out-of-state containers, multiplied by:
1. the statewide commingled rate, or the Division's approved individual commingled rate in effect on the date received; and
2. the per pound processing payment in effect on the date received, when applicable.
(B) In addition, administrative fees shall be calculated as three-fourths of one percent (3/4%) of the total refund value.
(c) Payments to dropoff or collection programs and community service programs. Processors shall adjust the refund value rate to account for shrinkage in the same manner as set forth in subsection 2535(e) of subchapter 6 these regulations. Notwithstanding any other provision of this subchapter, dropoff or collection, and community service programs may not be paid at more than the applicable statewide average commingled rate, or the Division's approved individual commingled rate.
(1) Substantiation of payment. Based upon materials received, the processor shall prepare a shipping report which states the refund value and applicable processing payments paid. The shipping report shall be prepared pursuant to subsection 2425(c) of these regulations. The processor shall provide a copy of the shipping report to the shipper.
(2) Calculation of payment and fee.
(A) The processor shall pay based on the received weight of the material, excluding the weight of rejected, line breakage and out-of-state containers, multiplied by:
1. the statewide commingled rate, or the Division's approved individual commingled rate in effect on the date received; and
2. the per pound processing payment in effect on the date received, when applicable.
(d) Payments for canceled material. The authorizing processor shall make payment in accordance with Section 14573.5 of the Act, to recycling centers for canceled material provided the material is shipped to the authorizing processor or to a location designated by the authorizing processor. For such transactions, program payments will be issued by the Division to processors issuing the written authorization to cancel. Program payments will not be issued by the Division to processors for loads for which they have received authorization to cancel.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14518.5, 14539, 14552(a), 14572 and 14573.5, Public Resources Code.
s 2500. Operation Standards.
(a) With the exception of recycling centers which meet the criteria for grandfathering, all certified recycling centers shall operate in accordance with all of the following requirements:
(1) Recycling centers certified by the Division shall begin operation within sixty (60) calendar days of approval of the certification. Failure to begin operating within sixty (60) calendar days shall result in invalidation of the certification by the Division.
(2) The recycling center shall accept from customers all of the following:
(A) All types of redeemable beverage containers; and
(B) With the exception of reverse vending machines, refillable beer and malt beverage containers.
(3) The recycling center shall make all payments in accordance with section 2535 of these regulations.
(4) Unless an exception is provided for elsewhere in this Chapter, each certified recycling center shall be open for business during the following hours:
(A) At least thirty (30) hours per week, and
(B) At least five (5) hours per week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday; and
(C) Up to fifteen (15) hours each week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday if the Division, subsequent to a public hearing, determines that it is necessary to further the recycling goals specified in Section 14501 of the Act. In making its determination, the Division shall consider, but not be limited to, the following:
1. Convenience to the public,
2. Alternative recycling opportunities available to the public, and
3. If the Division has received three or more complaints against the certified recycling center regarding its operating hours outside of 9:00 a.m. to 5:00 p.m., Monday through Friday.
(b) A recycling center which is staffed and is not a reverse vending machine shall have an employee present during its posted hours and shall display a sign having a minimum size of two feet by two feet (576 square inches) informing the public that the recycling center is open for business. Where local zoning or ordinance restricts the size of the sign to less than two feet by two feet, the sign shall be the maximum size allowable. Where the physical location of the posted sign restricts the size of the sign, a sign varying from the specifications contained in this section may be posted if requested in writing and approved in writing by the Division. The sign shall contain, at a minimum, the word "OPEN" in lettering at least 10 inches in height.
(1) If the recycling center consists of dropoff receptacles with refund value payment occurring elsewhere on the property, the operator of the recycling center shall take the following actions:
(A) A sign shall be placed on or at the front of the receptacles with lettering of at least 3/8 inch in height which informs the customer that all types of empty beverage containers will be accepted and redeemed at all open check-out stands, or exactly where on the property the customer may redeem the beverage containers.
(B) A person shall be present during the hours posted at the recycling center to inspect the empty beverage containers pursuant to Article 3 of this subchapter and pay customers the refund value.
(C) A sign shall be posted during the hours open for business at the designated area where the public may redeem beverage containers. The sign shall contain, at a minimum, the words "OPEN" and "RECYCLING CENTER." The word "OPEN" shall consist of lettering at least 10 inches in height. The words "RECYCLING CENTER" shall be on a separate line and consist of lettering at least 3 1/2 inches in height.
(c) An operator of a recycling center who does not accept all types of redeemable beverage containers may continue to do so and shall be certified as a recycling center, provided all of the following conditions are met:
(1) The recycling center was operating in the same location on January 1, 1986, or if it is a reverse vending machine, the machine was operational on January 1, 1986;
(2) The recycling center did not accept all types of redeemable beverage containers at the same location as of January 1, 1986;
(3) The recycling center continues to redeem, at a minimum, those beverage containers it accepted at the same location as of January 1, 1986; and
(d) A recycling center which meets the criteria to be grandfathered shall make payments in accordance with section 2535 of these regulations.
(e) Each certified recycling center which does not utilize a reverse vending machine shall post the following near the certification sign provided by the Division and in a conspicuous location which can be easily seen by the public:
(1) A legible sign indicating its hours of operation; and
(2) A refund price sign indicating the prices paid by weight or per container and by material type (i.e. aluminum, glass, plastic or bimetal). A refund price sign shall meet the following specifications:
(A) Dimensions. The sign shall be two feet by two feet (576 square inches).
(B) Content. In addition to the prices paid as required in subsection (e)(2) above, the sign shall contain, at a minimum, the statements as indicated in Figure 9. A refund price sign varying from the specifications of this section may be posted if requested in writing and approved in writing by the Division.
*Refund is not paid for packaging, contamination such as dirt or moisture, nor beverage containers not properly labeled with the California redemption value message.
*This recycler will discount the refund value, and may discount scrap value for loads of containers which include nonredemption material.
*The consumer has the right to:
a. Accept a discounted refund and/or scrap price.
b. Separate refund from nonrefund material.
c. Take material back.
Figure 9.
(f) Each certified recycling center utilizing a reverse vending machine shall post the following on each machine near the certification sign provided by the Division:
(1) A legible sign indicating its hours of operation, and
(2) A refund price sign or decal indicating the prices paid by weight or per container for each material type accepted by that reverse vending machine. The refund price sign or decal shall be at a minimum 15 square inches with lettering of at least 3/8 inch in height. A refund price sign or decal not meeting the requirements of this section may be posted if requested in writing and approved in writing by the Division.
(3) A sign which specifies the method approved by the Division for redeeming empty beverage containers which are odd-sized, made of materials other than aluminum, glass or plastic, or otherwise notaccepted by the reverse vending machine or if the reverse vending machine is out of order. If in-store redemption is the alternative method, a sign which is at a minimum 120 square inches with lettering of at least 1/2 inch in height shall be posted which specifies that containers will be redeemed at all open cash registers or the sign must designate exactly where redemption will occur. (continued)