Loading (50 kb)...'
(continued)
(A) If beverage containers are not redeemed at all open registers, a sign shall be posted where refund value payment occurs within the store. The sign shall contain, at a minimum, the words "Redeem CA beverage containers here", and consist of lettering at least 3 inches in height.
(g) The operator of a certified recycling center shall maintain records and submit reports regarding redemption activities in compliance with Article 3 of this subchapter.
(h) Notwithstanding section 2060(e) of these regulations, if all of the requirements of section 2525(k) are met, a certified recycling center may collect, and pay refund value for, empty beverage containers at a church, school, business where beverages are consumed, or other community service organization.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14501(i), 14515.6, 14538, 14571, 14571.3, 14572(a), (b) and (c) and 14572.5, Public Resources Code.
s 2501. Load Inspection Requirements.
(a) Certified recycling centers shall inspect each load of containers, subject to the Act, delivered to the recycling center, 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 transactions with consumers, the recycling center shall remove the containers from any bag, box or other receptacle used to deliver the material to the recycling center and visually inspect the containers prior to determining the basis for payment and paying the seller. In no case shall a certified recycling center pay or claim the refund value for any material not inspected by the recycling center.
(2) For any load delivered to a recycling center, from a dropoff or collection program, community service program, curbside program or other recycling center, each recycling center 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 material shall be deemed not eligible for any refund value if any one of the following conditions exist:
(1) 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.
(2) Pieces of bales of plastic are found in the load.
(3) The motor vehicle, if any, used to deliver the load has a license plate from any foreign country, or any state other than California, unless all of the following conditions are met:
(A) The person delivering the load is not a noncertified recycler, as defined at Section 14520.6 of the Act; and,
(B) The total refund value of material delivered by any one person per day does not exceed fifty dollars ($50.00); and,
(C) The load is not ineligible pursuant to subsection (b)(1), above.
(c) Once eligibility is determined payment shall be calculated pursuant to section 2535(d), 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) All rejected, line breakage or out-of-state containers in a load delivered from another recycling center, dropoff or collection program, community service program or curbside program, whether labeled or not with the message required in Section 14561 of the Act, must be excluded from the received weight of the load.
(f) All loads containing out-of-state material received from consumers are not eligible for any refund value payments.
(g) Loads received from consumers shall have rejected or line breakage containers removed from the load or the load is not eligible for any refund value payments.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14538 and 14553, Public Resources Code.
s 2502. Labeling Required.
s 2505. Notification Requirements.
(a) Notwithstanding the requirements of section 2040 of these regulations, certified recycling centers shall notify the Division in writing ten (10) calendar days prior to any of the following events:
(1) Change of name under which the recycling center is doing business,
(2) Change of business address, mailing address or phone number of operator,
(3) Separation from parent company, if applicable,
(4) Merger with another company,
(5) Discontinuance of operation,
(6) Dissolution of the organization type identified in the application for certification,
(7) Change in the type of redeemable beverage containers accepted,
(8) Any change in the hours of operation as presented in the application for certification or by subsequent notification to the Division,
(9) For recycling centers which consist of reverse vending machines, a change in the method approved by the Division for redeeming empty beverage containers which are odd-sized, made of materials other than aluminum, glass, and plastic, or otherwise not accepted by the reverse vending machine, or
(10) Change in the agent for service of process, if applicable,
(11) 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 the organization,
(15) Any change in business ownership.
(b) Within five (5) calendar days of the date the recycling center began redeeming empty beverage containers, the operator of the recycling center shall notify the Division in writing of the actual date the recycling center began redeeming. Failure to do so or to provide an accurate date will result in denial of handling fee payments for the months the operator failed to notify, or provide an accurate date to, the Division.
(c) The operator of a supermarket site shall notify the Division in writing, within ten (10) working days, of the closure of the supermarket or dealer where the recycling center is located.
(d) The operator of a certified recycling center who intends to be decertified shall submit a written notification to the Division, which includes the proposed effective date.
(e) The operator of a supermarket site shall notify the Division in writing, within five (5) calendar days, if the recycling center is moved within the supermarket or dealer parking lot. Nothing in this section is intended to require a recycling center to report to the Division movement related to the emptying of recycling equipment.
Note: Authority cited: Section 14536(b), Public Resources Code. Reference: Sections 14515.6, 14526.6, 14538, 14571(d) and 14585, Public Resources Code.
s 2510. Operation Standards.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14514.5, 14538, 14541.5, 14571 and 14572(a) and (b), Public Resources Code.
s 2515. Notification Requirements.
Note: Authority cited: Sections 14530.5 and 14536(b), Public Resources Code. Reference: Sections 14538, 14541.5, 14542(c) and 14571.9, Public Resources Code.
s 2516. Eligibility Criteria.
(a) In addition to meeting the requirements of Section 14585 of the Act, a recycling center shall meet all of the following criteria for handling fees eligibility on the first day of the calendar month for which they are claimed. A recycling center must be:
(1) certified, operational, and accepting and paying refund value to consumers for all empty beverage container material types; and
(2) located within a convenience zone; and
(3) a "supermarket-site" recycling center as defined in Section 14526.6 of the Act, or a nonprofit convenience zone recycler as defined in Section 14514.7 of the Act, or a rural region recycler as defined in Section 14525.5.1 of the Act; and
(4) the only certified, non-grandfathered recycling center in the convenience zone.
(b) The Division shall inspect each supermarket site, nonprofit convenience zone recycler, or rural region recycler to determine whether such sites satisfy the requirements of this section.
(c) Commencing January 1, 1993, a recycling center, which locates within a convenience zone, thereby causing a preexisting recycling center to become ineligible to receive handling fees, shall never be eligible to receive handling fees in that convenience zone. Such ineligibility shall apply to the parent company, its subsidiaries and affiliates even if the preexisting recycling center ceases to operate within the convenience zone. Such ineligibility shall also apply to the parent, the subsidiaries and the affiliates of any grandfathered recycling center which elects to begin accepting all material types.
(d) A rural region recycler may combine total monthly beverage container purchases from two or more of its convenience zone sites to establish eligibility for a single handling fee payment by submitting the following information monthly in writing:
(1) The certification numbers and addresses of the locations where receipt and/or log transactions are to be combined;
(2) The month and year of the transactions to be combined;
(3) The company name, address, contact person and business phone number, signed and dated by the contact person.
(e) The additional information required in subsection (d) shall be postmarked no later than the fifth day of the first month following the reporting month. A rural region recycler that fails to provide this information by the date specified in this subsection shall not be eligible for a single handling fee payment based on combined monthly beverage container purchases from two or more of its convenience zone sites.
(f) A rural region recycler shall submit a separate Handling Fee Application Form (Form DR-14 (1/00)) for each convenience zone site which is combined with one or more convenience zone sites to establish eligibility for a single handling fee payment.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14513.4, 14514.7, 14525.5.1, 14526.6, 14552, 14571.8(b), 14572 and 14585, Public Resources Code.
s 2517. Termination of Eligibility.
(a) A recycling center's eligibility for handling fees shall terminate if that supermarket-site recycling center, nonprofit convenience zone recycler, or rural region recycler, fails to meet the criteria established in Section 2516 of this subchapter or any other criteria established in Section 14585 of the Act or if, commencing January 1, 1993:
(1) Another recycling center certifies and begins operation, or a grandfathered recycling center amends their certification application to begin accepting all beverage container types, within the convenience zone in which a recycling center is eligible to receive handling fees. Eligibility will terminate sixty (60) days from the effective date of the second recycling center's certification and operational date; or,
(2) The convenience zone served by a recycling center is deleted due to the closure of a supermarket, or exempted by the Department pursuant to Section 14571.8 of the Act, or the dealer where the supermarket site is located closes. Eligibility will terminate at the end of the month in which the supermarket or dealer closes or a convenience zone exemption is granted.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14513.4, 14525.5.1, 14526.6, 14552, 14571.8(b), 14572 and 14585, Public Resources Code.
s 2518. Calculations and Payments.
(a) The Division shall determine handling fee payments for a recycling center meeting the requirements of Section 14585 of the Act and Section 2516, above, based on data contained in the Handling Fee Application Form (Form DR-14 (1/00)) by performing the following calculations:
(1) The reported redemption weights shall be converted to number of empty beverage containers using the Division's statewide average containers-per-pound rate for each material type, and pursuant to Subsection 14585(a)(3) of the Act.
(2) The total number of empty beverage containers for the calendar month shall be calculated by summing the number of empty aluminum, glass, plastic and bimetal beverage containers. If the total number of empty beverage containers is less than the minimum number required by Section 14585(a)(2) of the Act, the recycling center is not eligible for handling fees for that calendar month.
(3) The Division shall determine the number of empty beverage containers eligible for handling fees pursuant to Subsection 14585(a)(4) of the Act.
(4) The monthly handling fee for each recycling center shall be the lesser of the following:
(A) Two thousand three hundred dollars ($2,300); or
(B) The total number of containers eligible for handling fees as derived in paragraph (3) above, multiplied by one and eight-tenths of one cent ($0.018).
(b) Prior to release of handling fees for each month during which a recycling center is eligible, the Division may determine that such fees should be withheld for any of the following reasons:
(1) The Division has prevailed against the recycler in a civil or administrative action and money is owed to the Division as a result of the action.
(2) The Division determines, based on information contained in the shipping reports filed pursuant to Section 2530 of Article 3 of Subchapter 6, that the recycler has received handling fees for materials which were not redeemed for refund value and such discrepancies between reported redemption weights and shipping weights are more than two and one-half percent.
Note: Authority cited: Sections 14530.5, 14536 and 14552(e), Public Resources Code. Reference: Sections 14504, 14526.6 and 14585, Public Resources Code.
s 2519. Handling Fee Appeals.
(a) Recycling centers may file a formal appeal by writing to the Division within thirty (30) calendar days of the warrant date of the payment or the date of the Notice of Denial (NOD). Appeals submitted after this time period will be rejected. All written appeals must include:
(1) A list of applicable certification numbers and corresponding facility addresses; and,
(2) the month(s) and year(s) in question; and,
(3) the canceled, original Form(s) DR-14 (1/00) and NOD(s), if this is an appeal of a denial; and,
(4) a copy of the remittance advice, if this is an appeal of a payment determination; and,
(5) a short explanation of why you believe the determination was in error; and,
(6) any other documentation that supports your appeal.
(b) A decision on the appeal will be sent, in writing, within fifteen (15) working days of receipt of the appeal.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14526.6 and 14585, Public Resources Code.
s 2520. Applicability.
In addition to the general accounting requirements of subchapter 2, recycling centers shall comply with the accounting and reporting provisions of this article.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14530.5 and 14536, Public Resources Code.
s 2525. Recordkeeping.
Recycling centers shall maintain the following records in accordance with the general requirements set forth in section 2085 of these regulations.
(a) Except for reverse vending machines as provided in subsection 2525(c) below, the recycling centers shall prepare and maintain a copy of a press pre-numbered receipt or a receipt produced by an automatic computer-generated numbering system that cannot be altered by the participant, for any purchase or donation of empty beverage containers in the amount of one hundred dollars ($100.00) or more in refund value. A copy of the receipt shall be provided to the person selling or donating the material, and shall include all of the following information:
(1) The total weight or count of materials by material type (the recycling center shall comply with section 2535(f) but may treat different colors of glass as different material types only for recordkeeping purposes pursuant to this section); and
(2) The total payment made by the recycling center or the amount paid for each material type; and
(3) The basis for the refund value payment (e.g., segregated and counted, segregated and weighed, commingled, or, if no refund value is paid, indicate scrap only); and
(4) The certification number of the recycling center; and
(5) The date of the sale or donation; and
(6) The printed name and signature of the person selling or donating the material, or a statement explaining why such could not be obtained; and
(7) Additional information identifying the person selling or donating the material. The additional information shall be either: the person's valid driver license number and state of issuance or vehicle license number and state of issuance. If neither identifying item is available, a California Identification Card number may be substituted. In the absence of any of these items of identification, a statement shall be required explaining why the additional information could not be obtained.
(b) Except for reverse vending machines as provided in subsection 2525(c) below, for all purchases or donations with a total refund value of less than one hundred dollars ($100.00), the recycling center shall either prepare a receipt pursuant to subsection 2525(a), or shall maintain a log setting forth the information required by subsections (a)(1) through (a)(6) above. Any item of additional identifying information specified in subsection 2525(a)(7) above may be substituted for the printed name of the person selling or donating the material.
(c) For all material received from a reverse vending machine owned or operated by the recycling center, the recycling center shall prepare a receipt or log each time material is removed from the reverse vending machine, or if material is removed more than once a day, on a daily basis. The receipt or log shall set forth the meter reading, date, total weight, and certification number. Recycling centers shall retain such receipts or logs in their records along with the copies of any receipts issued by the machine. For redemption transactions other than machine transactions, receipt and log requirements pursuant to 2525(a) or (b) shall be followed.
(d) For all donations made anonymously, such as those left at the recycling center when the recycling center is not open for business, the recycling center shall prepare a receipt or log setting forth the information required by subsections 2525(a)(1) through (a)(5) above. The refund value stated on such a receipt shall be based on the applicable commingled rate. Such receipts or log entries shall be prepared on at least a daily basis for all days when the recycling center receives anonymous donations.
(e) The recycling center shall retain a copy of any shipping report which the recycling center prepares or receives from another recycling center pursuant to section 2530 of these regulations.
(f) The recycling center shall retain a copy of the weight ticket prepared by the recycling center, or provided by the person receiving material from the recycling center, describing the weight of shipped material by material type.
(g) The recycling center shall retain a copy of any report to the Division for handling fee prepared pursuant to section 2530 of these regulations.
(h) The recycling center shall prepare and retain a receipt setting forth the information required by subsection (b) of this section for all scrap transactions. In addition, the receipt shall indicate whether the load consisted of rejected containers, line-breakage containers, or out-of-state beverage containers.
(i) The recycling center shall prepare and retain daily summaries of all receipt and log transactions, including donations, for each shipping report. The summaries shall contain the total weight and the corresponding refund value for each day of the shipping report period.
(j) Records of allowable cost. Recycling centers shall maintain records containing the information specified at section 2960(b)(1) through (12), inclusive.
(k) Certified recycling centers collecting materials pursuant to section 2500(h) shall, in addition to subsections (a) through (j) of this section, do both of the following:
(1) Maintain a written agreement at the recycling center which is between the recycling center and the church, school, business where beverages are consumed, or other community service organization. The agreement must include, at a minimum, the following:
(A) The name, address, and certification number of the recycling center, as well as the name and phone number of a contact person at the recycling center; and
(B) The name and address of the organization to be served by the recycling center, as well as the name and phone number of a contact person at the organization; and
(C) Language, typed or legibly handwritten in English, which states the agreement between the recycling center and the organization and includes the material type of beverage containers to be picked up and the method of determining the weight of beverage containers picked up.
(2) Prepare, issue and maintain a receipt for the transaction, regardless of the amount of the transaction. The receipt shall be in the form of a press pre-numbered receipt and shall include all of the information specified in section 2525(a)(1) through (a)(6) and section 2525(k)(1)(B) of these regulations.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14538, 14552, 14575 and 14585, Public Resources Code.Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14538, 14552, 14575 and 14585, Public Resources Code.
s 2530. Reporting.
Recycling centers shall prepare and submit all of the following reports in accordance with the general requirements for reporting of section 2090 of these regulations.
(a) A shipping report for each delivery (of material subject to the Act) between:
(1) the recycling center and any other recycling center; or
(2) the recycling center and the processor; or
(3) the recycling center and a dropoff or collection program, community service program, or curbside program, as provided in subdivision (f), below.
(b) The shipping recycling center shall indicate on the shipping report all information listed under subsection 2530(e)(1) through (6), provide the shipping report containing this information to the person receiving the shipment and shall retain a completed copy; the shipping report shall accompany the material shipped, except as noted in (1) below. For shipments to processors, the recycling center shall receive a copy of the completed shipping report from the processor upon payment, pursuant to section 2430(a)(1) of these regulations.
(1) In the case of glass, recyclers may add up the daily summaries until total weight is equal to received weight and claim the corresponding redemption weight and refund value. In such cases, a shipping report need not accompany the load.
(c) The shipping report shall be based upon any receipts or log entries prepared pursuant to section 2525 above, or any shipping reports for material received by recycling centers from other recycling centers.
(d) Copies of any shipping reports for material received by a recycling center from other recycling centers, dropoff or collection programs, community service programs, or curbside programs, shall be appended to the shipping report prepared pursuant to this section.
(e) Except as provided for in subsection (f) below, a separate shipping report shall be prepared for each material type and shall include all of the following information:
(1) The name, address, and certification number of the recycling center shipping the material as well as the name and telephone number of a contact person; and
(2) The name and certification number of the recycling center or processor receiving the material; and
(3) The period and the material type covered by the report; and
(4) The following information based upon the information contained in the receipts and logs and the received shipping reports:
(A) The redemption weight of the material.
(B) The total refund value.
(5) The number of attached shipping reports which pertain to material included in the shipment.
(6) The printed name, title and signature of an authorized representative of the recycling center and the date signed.
(f) For material received by the recycling center from a dropoff or collection program, community service program or curbside program, the recycling center shall prepare a separate shipping report for each material type and provide a copy of the completed shipping report to the shipping dropoff or collection program, community service program or curbside program. Shipping reports prepared pursuant to this subsection shall contain all of the following information:
(1) The name, address, certification or identification number for the entity shipping the material, as well as the name and telephone number of a contact person; and
(2) The name and certification number of the recycling center 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 rejected containers, line breakage, and out-of-state containers; and
(5) The refund value paid; and
(6) The printed name, title and signature of the shipper or an authorized representative of the shipper and the date signed; and
(7) The printed name, title and signature of an authorized representative of the recycling center and the date signed; and
(8) The weight ticket number; and
(9) The shrinkage deduction taken, if any.
(10) 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.
(g) For material received by a recycling center from another recycling center, the receiving recycling center shall ensure that all the information specified in subsection 2530(f)(1) through (8) is recorded on the report and provide a copy of the completed shipping report to the shipping recycling center.
(h) To obtain handling fees, only those recycling centers eligible for such fees, as described in section 2516, shall submit a Handling Fee Application Form (Form DR-14 (1/00)) to the Division for the calendar month for which handling fees are being claimed. The Form DR-14 (1/00) shall be postmarked no later than the first day of the second month following the reporting month. Forms postmarked after this date, and incorrectly completed forms, will be denied for payment and the handling fee will be forfeited for that calendar month. Forfeiture for that calendar month will not affect eligibility for subsequent months. There shall be a separate Form DR-14 (1/00) completed for each supermarket site recycling center, nonprofit convenience zone recycler, or rural region recycler which shall include all of the following information in addition to that required by section 2090 of these regulations:
(1) The calendar month and year covered by the report; and
(2) The name and mailing address of the recycling center; and
(3) The name and telephone number of a contact person; and
(4) The certification number of the supermarket site recycling center, nonprofit convenience zone recycler, or rural region recycler; and,
(5) A change of mailing address, ownership or a closing of the supermarket site recycling center, nonprofit convenience zone recycler, or rural region recycler; and
(6) The weight, to the nearest tenth of a pound, of empty beverage containers, by material type, redeemed by that recycling center, at that supermarket site, nonprofit convenience zone recycler, or rural region recycler, only from consumers delivering that material during the hours the recycling center was open for business. This weight shall be taken from the receipts and logs of that recycling center for that calendar month; and,
(7) The signature and title of an authorized representative of the recycling center in accordance with subsections 2090(d)(4) and (5) of subchapter 2 of these regulations; and
(8) The date the application was signed.
(i) Each recycling center shall maintain a separate list of all purchases of more than 250 pounds of aluminum beverage containers. Such list (or legible copies of the receipts) shall be sent to the Division weekly and shall contain all of the following information, taken from the receipt prepared pursuant to section 2525(a) of these regulations:
(1) The receipt number for the transaction; and
(2) The name of the person selling the material; and
(3) The additional identifying information of the person selling the material; and
(4) The name, address, and certification number of the recycling center submitting the list; and
(5) The transaction date; and
(6) The pounds purchased on the receipt; and
(7) The total amount paid.
(j) Recycling centers 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 recycling center is not used to calculate allocations to the curbside programs, dropoff or collection programs, or community service programs; or
(B) The recycling center 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 recycling center does not account for each incoming load of material; or
(D) The recycling center does not inspect incoming material to verify that it is eligible for refund value payments, as specified in section 2501.
(3) Recycling centers 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 recycling center within seven (7) calendar days of the receipt of the appeal.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14526.6, 14538, 14549.1, 14571.9 and 14585, Public Resources Code.
s 2535. Payments to Consumers, Curbside Programs, Community Service Programs and Dropoff or Collection Programs.
(a) Recycling centers shall pay on delivery the refund value for every empty beverage container not donated to the recycling center.
(b) For deliveries to a recycling center, except reverse vending machines:
(1) The consumer has the option of being paid based on count for up to 50 empty beverage containers of each material type.
(2) The recycler may pay based on count for all deliveries of empty beverage containers received from consumers.
(c) Notwithstanding any other provision of this subchapter, recycling centers shall not pay dropoff or collection, community service, and curbside programs more than the relevant commingled rate.
(d) Calculation of Payment.
(1) If the material received from consumers is segregated, as determined by the load inspection required by section 2501 of these regulations, and payment is based upon weight, payment shall be calculated by multiplying the actual weight of the empty beverage containers, by the applicable segregated refund value per pound for the relevant material type.
(2) If the payment is based on the actual number of empty beverage containers, the payment shall be based upon the following:
(A) in the case of recycling centers other than a reverse vending machine, the number of the empty beverage containers, multiplied by the refund value per empty beverage container for the relevant material type and size; or,
(B) in the case of a reverse vending machine, the number of empty beverage containers, multiplied by the refund value per empty beverage container for the relevant material type and size. If the reverse vending machine accepts empty beverage containers in gross, rather than by individual containers, and pays based on weight, the payment shall be based on the applicable refund value per pound rate.
(3) For commingled materials delivered from a dropoff or collection program, community service program or curbside program, payment shall be based on the received weight of the commingled material, excluding the weight of line breakage, rejected and out-of-state material, multiplied by the applicable commingled rate, or the Division's approved individual commingled rate.
(4) For commingled materials delivered from another recycling center, payment shall be based on the received weight of the commingled material, excluding the weight of line breakage, rejected and out-of-state material, multiplied by the applicable commingled rate.
(5) For commingled materials delivered from consumers, payment shall be based on the received weight of the material, multiplied by the applicable commingled rate.
(e) Recycling centers shall have the option to refuse to accept empty beverage containers which, in the opinion of the recycling center, are excessively contaminated with dirt, moisture, or other foreign substances ( "shrinkage"). Alternatively, recycling centers may adjust downward the refund value per pound used to calculate payment by the ratio of such substances to empty beverage containers.
(f) A certified recycler shall not pay the refund value to, or claim refund value for any material received from any person, operation or entity who is not certified by the Division, delivering a load of material in excess of 500 pounds of aluminum or plastic beverage containers, or 2,500 pounds of glass beverage containers, per day. This limitation is applicable to all transactions, including those performed pursuant to section 2500(h) of these regulations.
(1) It is a violation of this Section for a recycling center to split loads in excess of the aforementioned weighs, or accept during any one day an aggregate total of material in excess of the aforementioned weighs from any person not certified by the Division.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14572 and 14572.5, Public Resources Code.
s 2540. Receipt of Funds.
(a) The recycling center shall receive from the processor the sum of the following amounts:
(1) total refund value; and
(2) three-fourths of one percent (3/4%) of the refund value for administrative costs; and
(3) any applicable processing payment pursuant to Section 14573.5 of the Act.
(b) Such payments in subsection (a) above shall be based upon the lesser of the shipping report total amount due as set forth in the shipping report, or the value appropriate for the received weight as determined by the processor in accordance with subsections 2430(a)(1)(D), (E), and (F) of these regulations.
(c) For reverse vending machines, the refund value pursuant to subsection 2540(a) above shall be based upon the applicable commingled rate, except as follows:
(1) The refund value shall be based upon the full refund value only where the reverse vending machine distinguishes 100% of the time between empty beverage containers and other containers.
(d) Except as provided in Section 14585(b)(4) of the Act, a recycling center shall receive handling fees directly from the Division based upon the weight of all empty beverage containers reported to the Division pursuant to subsection 2530(c) of these regulations.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14518.5, 14573.5, 14575(c) and 14585(b)(4), Public Resources Code.
s 2550. Additions and Clarifications.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14500, 14503, 14504, 14505, 14512.5, 14513, 14514, 14517, 14518, 14520.6, 14524, 14530.5, 14536, 14550, 14552, 14561, 14572, 14573, and 14573.5, Public Resources Code.
s 2600. Operation Standards.
(a) All certified dropoff or collection programs shall meet the following requirements:
(1) Operate and maintain records in accordance with the category of certification as approved by the Division and defined in these regulations.
(2) In order to remain certified, a dropoff or collection program must collect or accept a minimum of 500 pounds of aluminum or plastic beverage containers, or 2,000 pounds of glass beverage containers every year after becoming certified.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
s 2601. Examinations.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14538(f), 14541(c) and (d), Public Resources Code.
s 2602. Proprietary and Other Records Exempt from Disclosure.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Section 14551(b), Public Resources Code.
s 2603. Records.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14538(e) and (f) and 14552, Public Resources Code.
s 2604. Reports, Notices, and Claims Submitted to Division.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 1438, 14541, 14541.5, 14550, 14551, 14552, and 14553, Public Resources Code; and Sections 6066 and 6067, Revenue and Taxation Code.
s 2605. Notification Requirements.
(a) In addition to the requirements contained in section 2600(a) above, the operator of a certified dropoff or collection program shall notify the Division prior to any of the following events:
(1) Any change in operation, including additional dropoff or collection sites and changes in location of dropoff sites.
(2) Any change in operator name or contact person, business or mailing address, or telephone number of the operator.
(3) Change in the name of the program.
(4) Change in the corporate officers, if applicable.
(5) Change in the agent for service of process, if applicable.
(b) The operator of a certified dropoff or collection program who intends to be decertified shall submit a written notification to the Division, which includes the proposed effective date.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7, Public Resources Code.
s 2606. Penalties and Interest Charges.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14541 and 14591(c), Public Resources Code; and Section 11500 et seq., Government Code.
s 2607. Persons That are Certified as Both Processors and Recycling Centers (Dual Certified Entities).
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14540, 14572 and 14573.5, Public Resources Code.
s 2608. Cancelled Material and Rejected Containers.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14518, 14539 and 14573.5, Public Resources Code.
s 2609. Notice of Disposal.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14501(h), 14518 and 14519, Public Resources Code.
s 2610. Applicability.
In addition to the general accounting requirements of subchapter 2, dropoff or collection programs shall comply with the accounting and reporting provisions of this article.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7 and 14552, Public Resources Code.
s 2611. Dates.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14551(b) and 14552, Public Resources Code.
s 2615. Recordkeeping.
(a) Dropoff or collection programs shall maintain the following records in accordance with the general requirements set forth in section 2085 of these regulations.
(1) Dropoff or collection programs shall prepare and maintain logs which contain all of the following information:
(A) The date and time of pickup or donation; and
(B) The name and address of the location of pickup or donation; and
(C) The material types picked up or donated; and
(D) An approximation of the weight of each material type picked up or donated; and
(E) The name and phone number of a contact person at the location of pickup; and
(F) Amount of scrap value paid for each material type.
(2) Dropoff or collection programs shall maintain a copy of the shipping report prepared by a recycling center or processor and a copy of the weight ticket prepared by a recycling center or processor.
(b) Dropoff or collection programs shall not claim refund value for empty beverage containers purchased from, or donated by, curbside programs. All scrap transactions between dropoff or collection programs and curbside programs shall be reported in the same manner as is required pursuant to section 2530 of these regulations.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7 and 14552, Public Resources Code.
s 2616. Obtaining Department Approval.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
s 2617. Alternative Methodology Procedures.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
s 2618. Permit Processing Times for Individual Commingled Rate Studies.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 15376, Government Code; Section 14552(a), Public Resources Code.
s 2619. Appeals.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
s 2620. Obtaining Division Approval.
Operators of dropoff or collection programs shall be paid the applicable statewide average commingled rate, determined by the Division, for commingled beverage container material types, unless the Division approves an individual commingled rate for their program. Individual commingled rates may be approved for one or more material-types which have an existing statewide commingled rate. Operators of dropoff or collection programs who wish to apply for an individual commingled rate shall submit a completed Individual Commingled Rate Application (ICRS-APP (07/00)) in the form and manner required by this section. The applicant shall request approval to conduct an individual commingled rate survey using either the Division's individual commingled rate methodology specified in subsection (c), or an alternative methodology submitted by the applicant. A total of six weekly surveys shall be conducted on a bimonthly basis beginning in October and ending no later than the second full week of the following September. Individual commingled rates that are approved by the Division, shall be effective from January 1 through December 31 of the year following the survey period.
(a) At least 60 days prior to the commencement of the surveys, which begin in October, the Division shall notify operators of dropoff or collection programs of the opportunity to perform an individual commingled rate survey. An operator of a dropoff or collection program wishing to conduct an individual commingled rate survey shall contact the Division to obtain the Individual Commingled Rate Application (ICRS-APP (07/00)).
(b) The Individual Commingled Rate Application (ICRS-APP (07/00)) must be completed and submitted to the Division no later than September 1st. To be considered complete, the survey application shall contain the following information:
(1) The organization name and, if applicable, a copy of any fictitious business name statement being used.
(2) The operator contact person's name, title, phone number, facsimile number, mailing address, and business address.
(3) The survey location address and city, and a brief site description.
(4) The survey technician's name and phone number.
(5) A selection of either the Division's survey methodology in subsection (c) or an alternative proposed methodology to be submitted by the applicant.
(6) The identification of material-types selected to be surveyed, the sample size, and daily sample size for each selected material.
(7) The dates of survey weeks and the number of days for specified sample periods.
(8) The specific time of the day in which surveys will be conducted.
(9) The program category of the certified program to be surveyed.
(10) The certification number of the program to be surveyed.
(11) The source of material for the certified program to be surveyed.
(12) The number of municipalities served by the certified program to be surveyed, if any.
(13) The number of customer sites from which survey material is to be collected by the certified program.
(14) The frequency that collected material is sold.
(15) A brief description of the certified program.
(16) Declarations and signatures of applicant.
(c) The Division's suggested methodology requires the following:
(1)The program shall determine the annual survey sample size for each material type based on the chart below.
Annual Survey Sample Size
Aluminum 6600
Glass 4500
Plastic (all resins) 3000
(2) Upon determining the annual survey sample size, the program shall calculate the daily sample size by dividing the annual survey sample size, specified in the chart above, by the total number of days the survey will be conducted during the entire annual survey. Once the daily sample size is determined for each material type, this will remain the daily sample size throughout the entire annual survey period for that material type.
(3) Surveys shall be conducted for one regular workweek during each two-month sample period at pre-established dates, times, and places as indicated on the Individual Commingled Rate Application (ICRS-APP (07/00)) submitted to the Division. Surveys shall not be scheduled for weeks containing holidays or other days the program is not in operation, and shall be equally distributed throughout the survey period.
(4) Daily samples shall be collected on a random basis from the material which has been received exclusively from programs approved for the survey. Only whole containers may be surveyed.
(5) Upon selection and removal of containers for the daily sample, the applicant shall perform a complete sample analysis of counting, sorting, and weighing containers.
In performing a sample analysis, weight shall be measured, recorded, and reported in 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.
(6) The results of the sample analysis shall be legibly, accurately, and completely recorded on the Daily Data Collection Sheet (DDCS (07/00)), which shall contain the following information:
(A) The year the rate will be effective.
(B) The two-month sample period in which each one-week survey is conducted.
(C) The program name.
(D) The survey day and date.
(E) The certification and/or registration numbers.
(F) Identification of the material type surveyed.
(G) The total quantity of containers surveyed, and their total weight.
(H) The quantity and weight of CRV containers surveyed that have a volume less than 24 ounces.
(I) The quantity and weight of CRV containers surveyed that have a volume of 24 ounces or more.
(J) The quantity and weight of non-CRV containers surveyed.
(K) The daily totals for each column.
(7) At the conclusion of each weekly survey, the applicant shall complete a Weekly Summary Sheet (WSS (07/00)) which shall contain the following information:
(A) The year the rate will be effective.
(B) The two-month sample period of the weekly survey
(C) The program name.
(D) The survey week by dates.
(E) The certification and/or registration numbers.
(F) Identification of the material type surveyed. (continued)