Loading (50 kb)...'

(continued)

(G) The survey date summarized on that line.

(H) The total quantity of containers surveyed on that date, and their total weight.
(I) The quantity and weight of CRV containers surveyed on that date that have a volume less than 24 ounces.

(J) The quantity and weight of CRV containers surveyed on that date that have a volume of 24 ounces or more.

(K) The quantity and weight of non-CRV containers surveyed on that date.

(L) The weekly totals for each column.

(8) The completed original Daily Data Collection Sheet, and the Weekly Summary Sheet shall be confirmed to be complete, accurate, and consistent with the methodology approved for that program and shall be submitted to the Division for review, verification, and approval at the conclusion of each two-month survey period and must be postmarked no later than the 15th day of the month following the survey period.

(9) At the conclusion of the annual survey period, the applicant shall submit an Affidavit (AFD (07/00)) to confirm that all information is complete, accurate, and consistent with the methodology approved for that program.

(d) Dropoff or collection programs proposing to alter the Division's methodology or create their own alternative methodology must apply for Division approval, in advance, pursuant to section 2625 of these regulations. A proposed alternative methodology must equal the Division's methodology in the accuracy of estimation and level of confidence in the estimation. The alternative methodology must be described in adequate detail to determine the accuracy of estimation and level of confidence in the estimation.

(e) Determination by the Division that a program has deviated from an approved methodology, demonstrated a significant lack of quality control, or misrepresented their survey results shall result in the termination of the individual commingled rate survey and/or disapproval or revocation of the individual commingled rate and a reversion to the statewide average commingled rate. The Division's adverse action may be appealed pursuant to section 2645 of these regulations.

(1) A significant lack of quality control is demonstrated when five (5) percent or more of the sample data submitted by an applicant is found to be incorrect by the Division, and is deleted from the survey pursuant to Section 2620(e)(3) below because of the following:
(A) The cumulative weight of all components of a sample deviates by more than an acceptable range of accuracy , as defined in Section 2620(e)(2) below, from the total sample taken for that material type and/or

(B) The cumulative count of containers from all components of a sample does not equal the total sample count for that material type.

(2) An acceptable range of accuracy, applicable to Section 2620(e)(1)(A) above, is the smallest variance or increment of accuracy of the applicant's scale multiplied by 2.0.

(3) The Division, upon its sole discretion, may delete incorrect data samples.

(f) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such disapproval within thirty (30) calendar days of the determination that a program has deviated from an approved methodology, demonstrated a lack of quality control, or misrepresented survey results.



Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.







s 2625. Alternative Methodology Procedures.

(a) Dropoff or collection programs choosing to use an alternative survey methodology shall apply to the Division for approval. Operators shall complete and submit to the Division the following documents, in originals:

(1) A completed survey application as specified in section 2620(b);

(2) A written description of the alternative methodology procedure in detail, the steps necessary to perform the alternative survey methodology, including the equipment to be used, materials to be collected, how the materials will be analyzed, location where sampling will occur, time and dates of the survey, and any other relevant details that are necessary to arrive at the individual commingled rate. The proposed alternative methodology procedure must be as detailed and inclusive as the survey methodology provided by the Division.

(b) The Division shall review all completed proposed alternative methodology requests submitted.

(c) The Division shall notify the operator of its decision, after receipt of the documents requested in this subsection, if the methodology was approved or denied, pursuant to section 2630 of these regulations.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.







s 2630. Survey Application Processing Time.

(a) Within fifteen (15) calendar days from the receipt of the survey application and alternative methodology procedure, if applicable, from an operator of a dropoff or collection program requesting approval to use the Division's methodology or an alternative methodology to determine their program's specific individual commingled rate, the Division shall inform the applicant, in writing, that the survey application and alternative methodology procedure, if applicable, are either complete and accepted for processing, or incomplete. If the survey application and/or alternative methodology procedure, if applicable, are incomplete, the Division shall indicate, in writing, to the applicant what information or documentation is required. The applicant shall submit the required additional information or documentation, to the Division, postmarked no later than ten (10) calendar days from the date indicated in the Division's letter requesting additional information or documentation. Material postmarked later than ten (10) calendar days will be rejected and the application will be denied.

(b) Within fifteen (15) calendar days after the Division informs the applicant of the receipt of a complete survey application and alternative methodology procedure, if applicable, as indicated in subsection 2630(a) above, the Division shall approve or disapprove the survey application and alternative methodology procedure, if applicable.

(c) If the application is disapproved, the applicant may request an appeal pursuant to subsection 2645 of these regulations.

(d) The applicant may begin using the approved survey methodology for the specified survey period, after receiving written notification from the Division that the survey application and alternative methodology procedure, if applicable, has been approved.


Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Section 14511.7 and 14552(a), Public Resources Code and Section 15376, Government Code.







s 2635. Individual Commingled Rate Survey Audit and Results.

(a) The Division may audit any applicant's procedures and results of an approved individual commingled rate survey. The Division shall conduct its audit during the scheduled survey week for any applicant.

(b) The Division shall conduct audits. To enable the Division to conduct audits, applicants shall retain the pile of material from which the sample was taken, including the sample itself, until the completion of their daily survey. On the day of the audit, the applicant shall provide Division audit staff access to the material immediately after the applicant conducts the survey. If the applicant deviates from the approved survey time, they shall notify the Division immediately, but not less than 24 hours prior to the time of the deviation.

(c) If, in each of two separate audits, the Division determines, using standard statistical formulas, that the difference between the applicant's and the Division's proportion of California Redemption Value containers is statistically significant, the Division shall terminate the applicant's individual commingled rate survey. The difference shall be statistically significant, if the applicant's proportion is higher than the Division's, and the Division is 99% confident that the chances of the difference occurring under the applicant's approved study methodology is 5% or less.

(1) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such termination and disapproval within thirty (30) calendar days of the audit.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code.







s 2640. Receipt of Approval or Disapproval and Notification of Changes.

(a) Within sixty (60) calendar days after the Division receives the dropoff or collection program's final survey results, the Division shall approve or disapprove the program's individual commingled rate.

(b) The applicant shall notify the Division, in writing, within ten (10) working days, of the occurrence of either of the following for any material for which the operator has an approved individual commingled rate:
(1) Any increase or decrease of twenty (20) percent or more in the total monthly weight from the average weight of the previous three (3) month period; or

(2) Any increase or decrease of twenty (20) percent in the total monthly number of customer sites served by the applicant from the average number of customer sites of the previous three (3) month period.

(c) Failure to provide this notification may subject the applicant to immediate revocation of the individual commingled rate.

(d) Upon notification of operational changes, described in subsections (b)(1) or (b)(2) above, the Division may, upon its sole discretion, review and alter or revoke the individual commingled rate.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code; and Section 15376, Government Code.







s 2645. Individual Commingled Rate Appeals Process.

(a) In the event of the denial of a survey application, termination of an individual commingled rate survey and/or disapproval or revocation of an individual commingled rate, dropoff or collection programs may file a formal appeal by writing to the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a Letter of Denial (LED). Appeals submitted after this time period shall be rejected. All written appeals shall include:

(1) A copy of the (LED);
(2) A detailed explanation of why the determination was in error; and

(3) Any other documentation that supports the appeal.

(b) A decision on the appeal shall be sent to the program applicant, in writing, within fifteen (15) working days of receipt of the appeal.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.







s 2650. Curbside Registration Application Review and Renewal.

(a) The Division will issue a registration number to all eligible curbside programs in order to facilitate the auditing of payments made to curbside programs, and proper payment of refund values, processing payments, supplemental payments, quality glass incentive payments and administrative fees. No curbside program may receive refund values, processing payments, supplemental payments, quality glass incentive payments or administrative fees without a valid registration number.

(b) The registration number issued shall be valid for a maximum of two years. All registration numbers expire on the anniversary of the original application approval date. The curbside program shall submit a completed Application for Curbside Registration, DOR 50 10/99, for renewal, at least 30 days prior to the expiration date of the registration number. The application may be obtained from the Division upon request. The renewal application shall be subject to the same standards and requirements as the original application.

(c) Upon receiving a request for a registration number from a curbside program, the Division shall furnish the curbside operator with an "Application for Curbside Registration" DOR 50 10/99, which shall be used to apply for a new registration number or for renewal of a current registration number. In addition to submitting the completed application, the curbside program operator shall supply to the Division the following information:

(1) A dated and signed copy of a contract or franchise agreement acknowledging the curbside program and the expiration date of the contract or franchise agreement, and identification of the public official responsible for oversight of the contract or franchise agreement, including the official's title, address, and phone number; or
(2) A letter prepared by the operator or the public official, and bearing the signature of the city, county or other public agency's chief administrative officer, or his or her designee, verifying that the program operates with the full knowledge and concurrence of the city, county, or public agency.

(d) The application (DOR 50 10/99) shall be completed by providing the following information:

(1) The operator's organization name; parent company name and fictitious business name statement, if applicable; business and mailing address; telephone number; federal employer identification number and the name and title of the individual responsible for completing the application.

(2) The date the program started, or proposes to start operation.

(3) The operator's type of organization, whether an individual, partnership, profit corporation, nonprofit corporation, limited liability company, husband and wife co-ownership, local government agency, federal agency, joint power of authority, or other type of organization.

(A) If the organization or individual is doing or proposing to do business under a different name, the applicant shall provide a copy of their fictitious business name statement.

(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement.

(C) If the organization is a corporation, the applicant shall provide the corporate number, the Articles of Incorporation, name and position of all current corporate officers as filed with the Secretary of State, and the agent for service of process.

(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.

(E) If the organization is a husband and wife co-ownership, both names shall be provided.

(F) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, and the agent for service of process.

(G) If the organization is a limited liability company (LLC) from a state other than California, the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, the agent for service of process and a copy of the certificate from the California Secretary of State authorizing the LLC to transact business in California.

(H) If the organization is a local government agency, federal agency or a joint power of authority, the applicant shall provide a copy of the authorizing resolution from the governing board.

(4) A map of the areas serviced by the program and the number of single and multiple family residences and apartment units served by the program.

(5) Whether the operator of the curbside program is currently certified by the Division and a list of valid certification numbers, if applicable.

(6) A description of the program including a listing of the types of residences and/or businesses served by the program.

(7) Whether recyclables are sorted or mixed at the point of collection.

(8) A description of the collection containers used by the program.

(9) If a separate company sorts the curbside materials after collection, the sorter company name, address, telephone number and contact person.

(10) The name and certification number of the recycling centers and/or processors to which materials collected by the curbside program are most often sold and the type(s) of material sold.

(11) The name and address of the public agency responsible for the oversight of the contract or franchise agreement and the name, title and telephone number of the public agency contact person as well as the community or communities served by this curbside program.

(12) The frequency that curbside materials are collected.

(13) The method of collection for materials in residential areas.
(14) The types of recyclable materials the curbside program accepts or collects.

(15) The name, residence address, including city and zip code, residence phone number, and driver license number of the applicant(s).

(e) The curbside program operator shall submit to the Division the local public agency authorization described in subsection (c) above and the completed application signed by the operator under penalty of perjury. The signature block shall contain an affidavit that the information in the application is true and that the operator agrees to operate in compliance with the Act and these regulations.

(1) If the operator is a partnership, each partner shall sign the application.

(2) If the operator is a firm, association, corporation, LLC, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with the authority to legally bind the entity to a contract.
(3) If the operator is a husband and wife co-ownership, both husband and wife shall sign the application.

(f) All applications for curbside registration shall be reviewed by the Division for compliance with the Act and these regulations. Within 15 working days of receiving the Application for Curbside Registration, DOR 50 10/99 and local public agency authorization, the Division shall notify the curbside program, in writing, that the requested information is complete and accepted for filing with the Division, or incomplete and the reasons for the incompleteness. If incomplete, the Division shall specify the additional information necessary before a registration number will be issued. Upon determining that an application is complete, the Division shall notify the applicant in writing within forty-five (45) calendar days that the application is either approved, approved for probationary status or denied and the reason(s) for denial.

(g) A curbside program shall meet all standards and requirements for registration contained in section 14551.5 of the Act and in these regulations.

(h) Reasons for denial of an Application for Curbside Registration, DOR 50 10/99, are:
(1) Failure to provide information or documentation to complete the application as required in these regulations;

(2) The curbside program is unwilling to accept all beverage container types;

(3) The curbside operator, the curbside program or other individuals identified in the application have a history which demonstrates a pattern of operation in conflict with the requirements of the Act.

(i) The curbside program shall provide its registration number on all reports required by the Division and shall provide its registration number to certified recyclers and processors at the time it delivers recyclables.

(j) The operator of a curbside program shall notify the Division in writing ten (10) calendar days prior to any of the following events:

(1) Change of name under which the curbside program is doing business,

(2) Change of address or phone number of operator,
(3) Separation from parent company, if applicable,

(4) Merger with another company,

(5) Discontinuance of operation,

(6) Expiration of, or cancellation of, contract or franchise agreement with the city, county, or local public agency, or

(7) Change or retraction in the acknowledgment of the curbside program by the authorized public agency.

(k) Notification of any events listed in (j) above may result in cancellation of the registration number by the Division.

( l) Any curbside program information of a personal or proprietary nature that is retained by the Division shall be confidential. The data shall only be released on a cumulative basis, and without identification of any individual operator by name, number or location of operation.



Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14549.1, 14551.5, 14554, 14571.8 and 14573.5, Public Resources Code.







s 2655. Survey Form and Identification Number Renewal.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14551.5, 14571.8 and 14554, Public Resources Code.







s 2660. Obtaining Division Approval.

Operators of curbside 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 curbside 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. An operator of a curbside program shall conduct surveys on each day the program operates during a one week period. 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 curbside programs of the opportunity to perform an individual commingled rate survey. An operator of a curbside 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) For each curbside program to be surveyed under one application, the curbside registration number, the municipality served, and the operator contracted for collection and/or sorting, if any.

(11) 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.

(G) The survey date summarized on that line.

(H) The total quantity of containers surveyed on that date, and their total weight.

(I) The quantity and weight of CRV containers surveyed on that date that have a volume less than 24 ounces.

(J) The quantity and weight of CRV containers surveyed on that date that have a volume of 24 ounces or more.

(K) The quantity and weight of non-CRV containers surveyed on that date.
(L) The weekly totals for each column.

(8) The completed original Daily Data Collection Sheet, and the Weekly Summary Sheet shall be confirmed to be complete, accurate, and consistent with the methodology approved for that program and shall be submitted to the Division for review, verification, and approval at the conclusion of each two-month survey period and must be postmarked no later than the 15th day of the month following the survey period.

(9) At the conclusion of the annual survey period, the applicant shall submit an Affidavit (AFD (07/00)) to confirm that all information is complete, accurate, and consistent with the methodology approved for that program.

(d) Curbside programs proposing to alter the Division's methodology or create their own alternative methodology must apply for Division approval, in advance, pursuant to section 2665 of these regulations. A proposed alternative methodology must equal the Division's methodology in the accuracy of estimation and level of confidence in the estimation. The alternative methodology must be described in adequate detail to determine the accuracy of estimation and level of confidence in the estimation.

(e) Curbside programs shall have the option of conducting their individual commingled rate survey at either their location where curbside trucks unload or the location of curbside collections(s).

(f) Determination by the Division that a program has deviated from an approved methodology, demonstrated a significant lack of quality control, or misrepresented their survey results shall result in the termination of the individual commingled rate survey and/or disapproval or revocation of the individual commingled rate and a reversion to the statewide average commingled rate. The Division's adverse action may be appealed pursuant to section 2685 of these regulations.

(1) A significant lack of quality control is demonstrated when five (5) percent or more of the sample data submitted by an applicant is found to be incorrect by the Division, and is deleted from the survey pursuant to Section 2660(f)(3) below because of the following:

(A) The cumulative weight of all components of a sample deviates by more than an acceptable range of accuracy ,as defined in Section 2660(f)(2) below, from the total sample taken for that material type and/or
(B) The cumulative count of containers from all components of a sample does not equal the total sample count for that material type.

(2) An acceptable range of accuracy, applicable to Section 2660(f)(1)(A) above, is the smallest variance or increment of accuracy of the applicant's scale multiplied by 2.0.

(3) The Division, upon its sole discretion, may delete incorrect data samples.

(g) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such disapproval within thirty (30) calendar days of the determination that a program has deviated from an approved methodology, demonstrated a lack of quality control, or misrepresented survey results.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14552(a) and 14573.51, Public Resources Code.







s 2665. Alternative Methodology Procedures.

(a) Curbside programs choosing to use an alternative survey methodology shall apply to the Division for approval. Operators shall complete and submit to the Division the following documents, in originals:

(1) A completed survey application as specified in section 2660(b);

(2) A written description of the alternative methodology procedure in detail, the steps necessary to perform the alternative survey methodology, including the equipment to be used, materials to be collected, how the materials will be analyzed, location where sampling will occur, time and days of the survey, and any other relevant details that are necessary to arrive at the individual commingled rate. The proposed alternative methodology procedure must be as detailed and inclusive as the survey methodology provided by the Division.

(b) The Division shall review all completed proposed alternative methodology requests submitted.

(c) The Division shall notify the operator of its decision, after receipt of the documents requested in this subsection, if their methodology was approved or denied, pursuant to section 2670 of these regulations.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14552(a) and 14573.51, Public Resources Code.







s 2670. Survey Application Processing Time.

(a) Within fifteen (15) calendar days from the receipt of the survey application and alternative methodology procedure, if applicable, from an operator of a curbside program requesting approval to use the Division's methodology or an alternative methodology to determine their program's specific individual commingled rate, the Division shall inform the applicant, in writing, that the survey application, and alternative methodology procedure, if applicable, are either complete and accepted for processing, or incomplete. If the survey application, and/or alternative methodology procedure, if applicable, are incomplete, the Division shall indicate, in writing, to the applicant what information or documentation is required. The applicant shall submit the required additional information or documentation, to the Division, postmarked no later than 10 calendar days from the date indicated in the Division's letter requesting additional information or documentation. Material postmarked later than ten (10) calendar days will be rejected and the application will be denied.

(b) Within fifteen (15) calendar days after the Division informs the applicant of the receipt of a complete survey application and alternative methodology procedure, if applicable, as indicated in subsection 2670(a) above, the Division shall approve or disapprove the survey application and alternative methodology procedure, if applicable.

(c) If the application is disapproved, the applicant may request an appeal pursuant to subsection 2685 of these regulations.

(d) The applicant may begin using the approved survey methodology for the specified survey period, after receiving written notification from the Division that the survey application and alternative methodology procedure, if applicable, has been approved.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14552(a) and 14573.51, Public Resources Code; and Section 15376, Government Code.







s 2675. Individual Commingled Rate Survey Audit and Results.

(a) The Division may audit any applicant's procedures and results of an approved individual commingled rate survey. The Division shall conduct its audit during the scheduled survey week for any applicant.

(b) The Division shall conduct audits. To enable the Division to conduct audits, applicants shall retain the pile of material from which the sample was taken, including the sample itself, until the completion of their daily survey. On the day of the audit, the applicant shall provide Division audit staff access to the material immediately after the applicant conducts the survey. If the applicant deviates from the approved survey time, they shall notify the Division immediately, but not less than 24 hours prior to the time of the deviation.

(c) If, in each of two separate audits, the Division determines, using standard statistical formulas, that the difference between the applicant's and the Division's proportion of California Redemption Value containers is statistically significant, the Division shall terminate the applicant's individual commingled rate survey. The difference shall be statistically significant, if the applicant's proportion is higher than the Division's, and the Division is 99% confident that the chances of the difference occurring under the applicant's approved study methodology is 5% or less.

(1) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such termination and disapproval within thirty (30) calendar days of the audit.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5 and 14552(a), Public Resources Code.







s 2680. Receipt of Approval or Disapproval and Notification of Changes.

(a) Within sixty (60) calendar days after the Division receives the curbside program's final survey results, the Division shall approve or disapprove the program's individual commingled rate.

(b) The applicant shall notify the Division, in writing, within ten (10) working days, of the occurrence of either of the following for any material for which the operator has an approved individual commingled rate:
(1) Any increase or decrease of twenty (20) percent or more in the total monthly weight from the average weight of the previous three (3) month period; or

(2) Any increase or decrease of twenty (20) percent in the total monthly number of customer sites served by the applicant from the average number of customer sites of the previous three (3) month period.

(c) Failure to provide this notification may subject the applicant to immediate revocation of the individual commingled rate.

(d) Upon notification of operational changes, described in subsections (b)(1) or (b)(2) above, the Division may, upon its sole discretion, review and alter or revoke the individual commingled rate.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14552(a), Public Resources Code; and Section 15376, Government Code.







s 2685. Individual Commingled Rate Appeals Process.

(a) In the event of the denial of survey application, termination of an individual commingled rate survey, and/or disapproval or revocation of an individual commingled rate, curbside programs may file a formal appeal by writing to the Assistant Director for Recycling within thirty (30) calendar days after the receipt of a Letter of Denial (LED). Appeals submitted after this time period shall be rejected. All written appeals shall include:

(1) A copy of the LED; and
(2) A detailed explanation of why the determination was in error; and

(3) Any other documentation that supports the appeal.

(b) A decision on the appeal shall be sent to the program applicant, in writing, within fifteen (15) working days of receipt of the appeal.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5 and 14552(a), Public Resources Code.







s 2690. Quality Glass Incentive Payments.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Section 14549.1, Public Resources Code.







s 2700. Operation Standards.

(a) All certified community service programs shall meet the following requirements:

(1) Operate in accordance with the category of certification as approved by the Division and defined in these regulations.

(2) In order to remain certified, a community service program must collect or accept a minimum of 500 pounds of aluminum or plastic beverage containers, or 2000 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 2701. Recordkeeping.


Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14541(d), 14552 and 14575, Public Resources Code.







s 2705. Notification Requirements.

(a) In addition to the requirements contained in section 2700(a) above, a certified community service program shall notify the Division prior to any of the following events:

(1) Any change in operation.

(2) Any change in operator name or contact person, mailing or business 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 community service program who includes 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 2710. Applicability.

In addition to the general accounting requirements of article 4 of subchapter 2, community service 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 2711. Recordkeeping.






s 2712. Reporting.






s 2713. Payments.






s 2715. Recordkeeping.

Community service programs shall maintain the following records in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.

(a) Community service programs which accept or collect empty beverage containers at a specific location or location(s) shall maintain all of the following:

(1) A copy of the shipping report prepared by a recycling center or processor; and

(2) A copy of the weight ticket prepared by a recycling center or processor; and

(3) A log containing a brief written description of any recycling drive or special event at which the program accepts or collects empty beverage containers, including the name of the event, the name and phone number of a contact person from the community service program, the date the event occurred, the material types collected, and an estimate of the weight of each material type collected.


Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7 and 14552, Public Resources Code.







s 2716. 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 2717. 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 2718. 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 2719. Appeals.


Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.







s 2720. Obtaining Division Approval.

Operators of community service 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 community service 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. An operator of a community service program shall conduct surveys on each day the program operates during a one week period. 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 community service programs of the opportunity to perform an individual commingled rate survey. An operator of a community service 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.

(G) The survey date summarized on that line.

(H) The total quantity of containers surveyed on that date, and their total weight.

(I) The quantity and weight of CRV containers surveyed on that date that have a volume less than 24 ounces.

(J) The quantity and weight of CRV containers surveyed on that date that have a volume of 24 ounces or more.

(K) The quantity and weight of non-CRV containers surveyed on that date.

(L) The weekly totals for each column.

(8) The completed original Daily Data Collection Sheet, and the Weekly Summary Sheet shall be confirmed to be complete, accurate, and consistent with the methodology approved for that program and shall be submitted to the Division for review, verification, and approval at the conclusion of each two-month survey period and must be postmarked no later than the 15th day of the month following the survey period.

(9) At the conclusion of the annual survey period, the applicant shall submit an Affidavit (AFD (07/00)) toconfirm that all information is complete, accurate, and consistent with the methodology approved for that program. (continued)