Loading (50 kb)...'
(continued)
(4) The name and signature of the primary applicant who has the authority to sign and bind the collector to this application.
(5) The date and location of application.
(b) The CIWMB shall not approve a collector located outside the United States, unless required to by treaty. If the CIWMB must approve a collector outside the United States, the collector must comply with the requirements of Section 42476.5 of the Public Resources Code.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42476.5, 42477, 42478 and 42479, Public Resources Code.
s 18660.13. Additional Application Requirements for Recyclers.
(a) In addition to the general information required in Section 18660.11 of this Chapter, a recycler shall also include the following information:
(1) Documentation that the recycler has fulfilled DTSC notification and authorization requirements regarding the handling and processing of CEWs.
(2) A description of the recycling operation, including:
(A) The method(s) of cancellation used by the recycler.
(B) The types of CEWs cancelled by the recycler, pursuant to Section 18660.32 of this Chapter.
(C) Estimated percentages of cancelled CEWs expected to originate from inside of and from outside of the State of California annually.
(3) An explanation and documentation showing how the demonstrations in Public Resources Code Section 42479(b) have been satisfied, including but not limited to the following:
(A) The recycler is in compliance with applicable requirements of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations.
(B) The recycler demonstrates to the CIWMB that the recycler's facility meets all of the following standards:
1. The facility has been inspected by DTSC within the past 12 months, as specified in Section 42479(b)(2)(A). If a DTSC inspection has been requested but not yet completed, then the CIWMB will review the remainder of the application but withhold approval until the DTSC inspection is completed and the facility found to be in conformance.
2. The facility is accessible during normal business hours for unannounced inspections by state or local agencies.
3. The facility has health and safety, employee training, and environmental compliance plans and certifies compliance with the plans.
4. The facility meets or exceeds the standards specified in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 Division 4 (commencing with Section 3200), and Division 5 (commencing with Section 6300), of the Labor Code or, if all or part of the work is to be performed in another state, the equivalent requirements of that state.
(4) Unless the recycler is applying as a dual entity, the name, address, contact person's name and telephone number of at least one (1) collector from which the recycler has accepted, has contracted to accept or intends to contract to accept CEWs for cancellation with a letter from the collector certifying under penalty of perjury that California CEWs from that collector will be transferred to the recycler for recycling.
(5) A completed "Payee Data Record" STD. 204 form (Rev. 6-2003) - Department of Finance, State of California with an original signature of the primary applicant. The form will be provided by the CIWMB and is hereby incorporated by reference.
(6) Certification statements by the recycler as follows:
(A) "The undersigned recycler agrees under penalty of perjury and of immediate revocation of approval and denial of recycling payments that as an approved recycler:"
1. "I shall fully reimburse an approved collector for all CEWs and/or CEWs transferred at the rate specified in this Chapter within 60 days"
2. "I shall not adjust fees, charges or other contract provisions upward for the purpose of negating the recovery payment to approved collectors."
3. "I shall provide free CEW recycling by accepting without charge CEWs from approved collectors if the payment from the CIWMB fully covers the net cost of CEW recycling."
4. "I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions."
(B) "The undersigned certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct."
(7) The name and signature of the primary applicant who has the authority to sign and bind the recycler to this application.
(8) The date and location of application.
(b) The CIWMB shall not approve a recycler located outside California.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.14. Additional Application Requirements for Dual Entities.
(a) An entity that is both a collector and a recycler at the same location may apply for both approvals, and if approved will be an approved dual entity.
(b) In addition to completing and submitting one copy of the General information required in Section 18660.11 of this Chapter, all dual entity approval applications shall contain the information required in Sections 18660.12 and 18660.13 for collector applications and recycler applications, respectively.
(c) Unless there are specific "dual entity" provisions, an approved dual entity, when acting as a collector, shall meet all the requirements in this Chapter for approved collectors.
(d) Unless there are specific "dual entity" provisions, an approved dual entity, when acting as a recycler, shall meet all the requirements in this Chapter for approved recyclers.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.15. CIWMB Review of Applications.
(a) Upon receipt of the application, the CIWMB will notify the applicant within 30 calendar days if the application is complete or incomplete.
(b) If the CIWMB determines the application is incomplete, with exception of a pending inspection by DTSC, the CIWMB notification will list the missing information, and the applicant will have 30 calendar days from the notification to provide the missing information or the CIWMB will deny the application.
(c) After the CIWMB determines that an application is complete, the CIWMB will notify the applicant within 30 calendar days whether the application has been:
(1) Approved, and if so, proof of approval bearing a unique approval identification number will be provided stating the type of approval granted:
(A) Approved collector, and/or
(B) Approved recycler.
(2) Denied, and if so, the cause(s) for denial will be listed. After denial, an application to become approved may be resubmitted at any time after the causes for denial have been corrected.
(d) The CIWMB shall not charge collector or recyclers to process an application.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.16. Approval Term and Applications for Renewal.
(a) An approved collector's approval remains valid for 2 years following the date of approval provided that the information in the original application remains unchanged, the collector continues to meet and fulfill the requirements of this Chapter, and the collector continues to operate in conformance with DTSC requirements.
(b) An approved recycler's approval remains valid for 2 years following the date of approval provided that the information in the original application remains unchanged, the recycler continues to meet and fulfill the requirements of this Chapter, and the recycler continues to operate in conformance with DTSC requirements and submit to inspections by DTSC.
(c) To renew approval, a collector or recycler shall re-apply to the CIWMB on a biennial basis at least 90 calendar days prior to the expiration date of approval.
(d) If a collector or recycler fails to renew approval, after the expiration date all of the following conditions apply:
(1) The approval is expired and invalid.
(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter.
(3) The collector or recycler shall immediately return any issued proof of approval to the CIWMB.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.17. Prohibited Activities.
(a) The CIWMB may deny a renewal or revoke the approval of a collector or recycler for any of the following prohibited activities:
(1) Failure by a collector or recycler to operate in conformance with DTSC requirements.
(2) Failure by a recycler to submit to a DTSC inspection within any 12-month period.
(3) Failure by a recycler to provide recovery payments to approved collectors as specified in this Chapter.
(4) Failure to submit to CIWMB audits as specified by this Chapter.
(5) Failure to submit a net cost report as specified in Section 18660.10.
(6) Transferring an approval or proof of approval to any other person.
(7) Altering the proof of approval.
(8) A material breach of any of the certification statements contained in the application.
(9) Fraudulently requesting a recovery payment.
(10) Fraudulently claiming a recycling payment.
(11) Submitting a fraudulent net cost report.
(b) If the CIWMB denies a renewal or revokes an approval for prohibited activities, all of the following conditions apply:
(1) The approval is immediately invalid.
(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter.
(3) The collector or recycler shall immediately return any issued proof of approval to the CIWMB.
(c) A collector or recycler may not reapply for approval until 180 calendar days after denial or revocation for prohibited activities.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.18. Changes to an Approved Application.
(a) An approved collector or an approved recycler shall reapply to the CIWMB for approval at least 90 calendar days prior to the change taking effect, if one of the following changes may occur:
(1) A change in recovery, recycling or business practices that will prevent the approved collector or approved recycler from meeting the requirements of this Chapter.
(2) A change in recovery, recycling or business practices that will result in the breach of a certified statement on the application or in a prohibited activity as specified in Section 18660.17 of this Chapter.
(b) If an unforeseen change occurs an approved collector or an approved recycler shall notify the CIWMB of the change within ten calendar days after the unforeseen change. In cases of notification after a change specified in subsections (1) or (2) in part (a) of this Section, the CIWMB may revoke the approval immediately or may require the collector or recycler to reapply for approval.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.19. Appeal of Denial or Revocation of Approval.
(a) If the CIWMB denies an application for approval or revokes an approval, the collector or recycler may appeal that decision and request a hearing within 30 calendar days after the date of the denial or revocation. Any appeal received by the CIWMB after 30 calendar days from the date of the denial or revocation shall be denied without a hearing or consideration of the appeal.
(b) This appeal provided for in this Section is also governed by the general administrative adjudication provisions of the California Administrative Procedure Act, found at Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11400. This appeal is not subject to the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11500.
(c) The collector or recycler requesting a hearing must submit the appeal in writing and ensure that it is received by the CIWMB's main business office, to the attention of the Legal Office. The collector or recycler shall clearly mark the outside of the package containing the appeal with: "e-Waste Appeal Enclosed".
(d) In an appeal, a collector or recycler shall include, at a minimum, all of the following:
(1) The collector's or recycler's name, mailing address, contact name and daytime telephone number.
(2) The type of approval: collector, recycler or both.
(3) The location and street address.
(4) The date on the notification from the CIWMB and the stated reasons for denial or revocation.
(5) A statement of the basis for objecting to the denial or revocation.
(e) At any time during the proceeding, before a final decision is issued, the CIWMB, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10.
(f) The CIWMB shall provide a hearing before the executive director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the application, the reasons for denial or revocation, and any additional relevant information presented by the applicant or CIWMB staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision.
(g) The Board may adopt the decision as the final decision, or review all or a part of the decision at a hearing before the Board.
(h) The CIWMB will notify the collector or recycler of the final determination in writing within 20 calendar days from the date on which the Board adopts a final decision.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463(b) and 42479, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code.
s 18660.20. Requirements for an Approved Collector.
(a) Upon CIWMB approval of its application, an approved collector may begin requesting recovery payments for CEWs transferred to approved recyclers after the approval.
(b) An approved collector shall comply with the requirements of this Chapter, including:
(1) Begin collection activities from California sources within 180 calendar days of approval. The CIWMB may revoke approval if a collector fails to begin collection activities within 180 days.
(2) Transfer at least one (1) load of CEWs to an approved recycler within 180 calendar days of approval. Approved dual entities may also meet this requirement by both collecting and canceling at least one load of CEWs within 180 calendar days of approval. The CIWMB may revoke approval if a collector fails to transfer at least one load of CEWs within 180 calendar days of approval.
(c) An approved collector shall make reasonable efforts to determine if CEWs it collects are from California sources or from non-California sources and shall keep track of those materials separately. Reasonable efforts may include any of the following, but are not limited to:
(1) Posting signs and asking consumers.
(2) Conducting spot checks and/or surveys.
(3) Checking for a valid California identification of a person, a California license plate on a vehicle, and/or a bill of lading showing a California origin.
(4) Requiring additional documentation from consumers or collectors delivering large numbers of CEWs.
(5) Not allowing CEWs from being dropped-off anonymously or illegally disposed at the approved collector's facilities or operations.
(d) An approved collector shall not knowingly request recovery payment for non-California CEWs.
(e) An approved collector shall determine if CEWs they transfer to recyclers have already been cancelled, and shall keep track of those materials separately.
(f) An approved collector shall not request recovery payment for previously cancelled CEWs.
(g) An approved collector shall show the CIWMB-issued proof of approval, or a legible photocopy, bearing the unique identification number when requesting recovery payments from an approved recycler. If an approved collector, or its agent, fails to show the proof of approval, the approved recycler may deny recovery payment.
(h) An approved collector shall provide to any collector or recycler information on the origin (California or non-California) and cancellation status of CEWs transferred, including but not limited to the following:
(1) Signed statement listing the sources(s) of the transferred CEWs.
(2) A copy(ies) of the applicable portions of the collection log specified in subsection (j) of this section that describe the collection activities that resulted in the transferred CEWs.
(3) Written description of any activity, such as packaging and consolidation, that explains any discrepancy between the CEWs transferred and the CEWs collected as recorded in a log specified in subsection (j) of this section.
(4) A copy of any applicable proof of designation specified in subsection (k) of this section associated with CEWs collected while acting as a designated approved collector for a local government.
(i) An approved collector shall operate in accordance with all Federal, State and local laws and regulations.
(j) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved collector shall maintain the following records:
(1) A collection log containing:
(A) A brief written description of collection activities or events, including the type of consumers targeted for collection, the dates and locations the activities occurred, and an estimate of the weight of CEWs collected.
(B) Approved collectors that are not California local governments, nor entities acting as the designated approved collector for a California local government, shall maintain a list of all consumers who transfer CEWs to the approved collector, including the name and address of the consumer and the number of CEWs transferred.
(C) A list of other handlers and approved collectors who transferred CEWs to the approved collector in any month, including the name and address of the other handler and approved collector and the number of CEWs transferred and the sources of those CEWs as recorded pursuant to parts (A) and (B) of this Section.
(D) When collecting source-anonymous CEWs, all approved collectors shall log this activity separately and provide a brief written description of the activity or incident that resulted in the source-anonymous CEWS, the date and location of the activity or incident, the number and an estimate of the weight of source-anonymous CEWs collected from the location of the activity or incident, and a name, organizational affiliation, address and phone number of a person responsible for the site of the activity or incident.
(2) Records of transfers by load and recovery payments from approved recyclers, including signed and dated receipts showing the weight of CEWs transferred. The approved collector shall identify and record each approved recycler using the name and identification number from the recycler's "proof of approval."
(3) Records on the costs, revenues and net costs associated with the collection, transportation and disposition of all CEWs handled as specified in Section 18660.10 of this Chapter.
(k) An approved collector that is acting as a designated approved collector for a local government shall do the following:
(1) Secure proof of designation as defined in Section 18660.5(a)(29) of this of this Chapter.
(2) Provide a copy of the applicable proof of designation to another approved collector or approved recycler at the time CEWs are transferred from the designated approved collector to another approved collector or approved recycler.
(3) A designated approved collector shall be relieved only of the source documentation requirement specified by Section 18660.20(j)(1)(B) of this Chapter only for those collection activities that occur within the designation as specified in subsection k(1) of this section.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.21. Requirements for an Approved Recycler.
(a) Upon CIWMB approval of its application, an approved recycler may begin claiming recycling payments for CEWs received from an approved collector and cancelled after the approval.
(b) An approved recycler shall comply with the requirements of this Chapter, including:
(1) Begin CEW cancellation activities within 180 calendar days of approval. The CIWMB may revoke approval if a recycler fails to begin CEW cancellation within 180 days.
(2) Accept transfer of and cancel at least one (1) load of CEWs from an approved collector within 180 days of approval. Approved dual entities may also meet this requirement by both collecting and canceling at least one load of CEWs within 180 days of approval. The CIWMB may revoke approval if a recycler fails to cancel at least one load within 180 days of approval.
(3) Record each approved collector's proof of approval identification number and provide a receipt showing the weight, or number, of CEWs transferred and the amount of the corresponding recovery payment made to the collector.
(4) Make recovery payments to approved collectors, or their agents, for all CEWs transferred, in accordance with this Chapter, at the time of transfer of CEWs, or at a later time specified in a written contract between the approved collector and approved recycler, but not more than 60 days from the date of transfer.
(5) Cancel CEWs by one or more of the manners prescribed in Section 18660.32 of this Chapter.
(6) Submit recycling payment claims to the CIWMB as specified in Sections 18660.22 through 18660.31 of this Chapter.
(7) Submit to and obtain a DTSC inspection, within any 12-month period.
(c) Based on information supplied by approved collectors, an approved recycler shall, at a minimum, keep track of the weight of CEWs from both California and non-California sources transferred from approved collectors and ensure that recycling payments are not claimed for non-California source materials.
(d) An approved recycler shall not provide recovery payment to approved collectors for CEWs from outside California, or to approved collectors that refuse to provide information on CEW origin pursuant to Section 18660.20(h) of this Chapter.
(e) An approved recycler shall not claim recycling payments for non-California CEWs.
(f) Approved recyclers shall determine if CEWs they accept from collectors have already been cancelled and shall, at a minimum keep track of the weight of those materials and ensure that recycling payments are not claimed for these materials.
(g) An approved recycler shall not provide recovery payment to approved collectors for previously cancelled material.
(h) An approved recycler shall not claim recycling payments for previously cancelled material.
(i) An approved recycler may deny recovery payments for commingled loads in which CEWs cannot be distinguished from other materials.
(j) An approved recycler shall operate in accordance with all Federal, State and local laws and regulations.
(k) An approved recycler shall measure, record and report weights in pounds. An approved recycler shall weigh CEWs and/or treatment residuals on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures).
(l) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved recycler shall maintain the following records:
(1) A recycling log containing a brief written description of CEW transfers by load from approved collectors and the dates the transfers from collectors occurred.
(2) Records of CEW transfers, including all documentation received from an approved collector as specified in Section 18660.20(h), and recovery payments made to approved collectors, including signed and dated receipts showing the weight of CEWs transferred.
(A) The approved recycler shall identify and record each approved collector using the name and identification number from the collector's "proof of approval."
(B) The approved recycler shall record separately the quantity of source-anonymous CEWs transferred from an approved collector.
(3) Records showing the definitive cancellation of CEWs by weight, date and cancellation method upon which a payment claim is based.
(4) Records for all bills of lading for treatment residuals including the following information:
(A) Date of shipment.
(B) Quantity and material type in shipment.
(C) Full name and address of shipper.
(D) The full name and address of the buyer or other transferee, and shipping name and address if different.
(5) Records on the net costs associated with the disposition of all CEWs handled, the net costs of accepting the transfer of CEWs, the net costs of each cancellation method used, and any additional administrative costs of providing recovery payments to approved collectors.
(6) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to the CIWMB.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.22. General Requirements for Recycling Payment Claims.
(a) An approved recycler shall submit all of the following general information in a claim for recycling payments from the CIWMB:
(1) The full name, mailing address, and federal tax identification number of the recycler preparing the report.
(2) The name and phone number of a contact person for purposes of the report.
(3) The reporting period (calendar month and year) and date of preparation of the report.
(4) The total weight of CEW devices claimed, as calculated in Sections 18660.23, 18660.24, and 18660.25 of this Chapter.
(5) The total monetary amount being claimed.
(6) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.11 of this Chapter. The signature block shall include the following certification statements:
(A) "I hereby declare under penalty of perjury that:"
1. "The recycler is currently in compliance with all Federal, State and local requirements, including compliance with the requirements of the Act and this Chapter."
2. "All claimed CEWs have been cancelled as specified in Section 18660.32 and are unable to re-enter the payment system."
3. "I have certified the weights and verified the calculations, including the adjustments for CEWs from non-California sources and for prior cancellation."
4. "This payment claim, including any and all accompanying documents has been examined by me and is true, correct and complete."
5. "I understand that errors or omissions on my part may result in the CIWMB delaying or denying payment"
6. "I further understand that fraud could result in revocation of the recycler's approval."
(7) The date and place of the signing of the claim.
(b) For each cancellation method used, an approved recycler shall submit no more than one recycling payment claim per calendar month and may only include one reporting period, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter, in a single recycling payment claim. An approved recycler shall prepare payment claims for different cancellation methods separately, but may submit a package containing all the claims for a reporting period.
(c) An approved recycler shall attach all of the following to the payment claim:
(1) For all CEWs received from collectors, that are not included in a prior claim, a report that includes:
(A) A list of approved collectors from which the transfers of CEWs were accepted with the name and proof of approval identification number of each.
(B) The total weight of CEWs in all loads transferred from the approved collector. Note that this weight may not equal the weight claimed for recycling payment because recovery payments are made on the weight of all CEWs transferred while recycling payments are made on the weight of only those CEWs cancelled.
(C) The total amount of recovery payments made to approved collectors.
(D) A copy(ies) of the applicable records specified in Section 18660.21(l)(1)- (4) pertaining to the collection and processing activities involving the CEWs cancelled and being claimed for payment.
(E) The total weight of source-anonymous CEWs transferred from approved collectors.
(2) For all CEWs cancelled, that are not included in a prior claim, a description of cancellation activities that includes the types of cancellation used and the time period(s) in which each cancellation method occurred.
(3) For all CEWs that are not cancelled but are transferred to another entity, that are not included in a prior claim, a description and quantification of those activities including but not limited to repair, refurbishment, resale, reuse, transfer and/or export.
(d) An approved recycler shall deliver recycling payment claims to the CIWMB's main business office, to the attention of the Accounting Section. An approved recycler shall mark the outside of the package containing the claims clearly with "e-Waste Claim Enclosed."
(e) An approved recycler shall submit timely recycling payment claims so that the CIWMB receives each claim within 45 days of the end of the reporting period, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter. The CIWMB may return without payment any claim received more than 45 days after the end of the reporting period, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter. The CIWMB shall determine a claim's receipt as either the date of the postmark on the claim package, or the date the claim package was physically received by the CIWMB, whichever is earlier.
(f) The CIWMB may reject a claim if it fails to comply with the general requirements of this Section, or the additional requirements in the applicable provisions regarding cancellation methods in Sections 18660.23, 18660.24 and/or 18660.25 of this Chapter.
(g) The CIWMB's rejection of a recycling payment claim shall not extend any applicable due date or time period.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.23. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs Through Crushing or Shredding.
(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling CRT-containing CEWs through crushing or shredding as specified in Section 18660.32 of this Chapter.
(b) An approved recycler shall base recycling payment claims on the weight of CRT-containing CEWs cancelled.
(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which one or more shipments of CRT glass cullet were sent to an end use destination.
(d) The reporting period for a recycling payment claim pursuant to this Section is the month in which shipment(s) of CRT glass cullet were made.
(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling CRT-containing CEWs through crushing or shredding as follows:
(1) The total weight of CRT-containing CEWs cancelled for the reporting period.
(2) The total payment claimed, calculated by multiplying the weight of CRT-containing CEWs cancelled by the Standard Statewide combined recovery and recycling payment rate specified in Section 18660.34 of this Chapter.
(3) If the amount in subsection (1) of this Section includes CEWs from outside California or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights.
(f) An example calculation for canceling CRT-containing CEWs through crushing or shredding is included for illustration purposes as follows:
The weight of CRT-containing CEWs cancelled: 1000 pounds Times the per pound Standard Statewide combined recovery and recycling payment rate: X $0.48 Equals the payment claim for the reporting period: = $480.00 Total Claim
(g) An approved recycler shall attach to the payment claim the following documentation from all shipments of CRT glass cullet made during the reporting period of a calendar month:
(1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination.
(2) The date of the shipment and the weight of the CRT glass cullet.
(3) Weight tickets of individual shipments of CRT glass cullet.
(4) Verification of post cancellation disposition, including:
(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading and an executed contract or other documentation from the intended recipient of the shipment.
(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading.
(C) For all shipments of CRT glass cullet, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air.
(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and quantification of the disposition of other treatment residuals derived from cancellation of the CRT-containing CEWs, including but not limited to metals, plastics, fibers and wood.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.24. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs Through Dismantling to a Bare CRT After Relieving the Vacuum.
(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling CRT containing CEWs through dismantling to a bare CRT after relieving the vacuum as specified in Section 18660.32 of this Chapter.
(b) An approved recycler shall base recycling payment claims on the weight of CRT-containing CEWs cancelled.
(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which one or more shipments of bare CRTs were sent to an end use destination.
(d) The reporting period for a recycling payment claim pursuant to this Section is the month in which the shipment(s) of bare CRTs were made.
(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling CRT-containing CEWs through dismantling to a bare CRT as follows:
(1) The total weight of CRT-containing CEWs cancelled.
(2) The total payment claimed, calculated by multiplying the weight of CRT-containing CEWs cancelled by the Standard Statewide combined recovery and recycling payment rate specified in Section 18660.34 of this Chapter.
(3) If the amount in subsection (1) of this Section includes CEWs from outside California or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights.
(f) An example calculation for canceling CRT containing CEWs through dismantling to a bare CRT after relieving the vacuum is included for illustration purposes as follows:
The weight of CRT-containing CEWs cancelled: 1000 pounds Times the per pound Standard Statewide combined recovery and recycling payment rate: X $0.48 Equals the payment claim for the reporting period: = $480.00 Total Claim
(g) An approved recycler shall attach the following documentation for all shipments of bare CRTs made during the reporting period of a calendar month:
(1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination.
(2) The date of the shipment and the weight of the bare CRTs.
(3) Weight tickets of individual shipments of bare CRTs.
(4) Verification of post cancellation disposition, including:
(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading and an executed contract or other documentation from the intended recipient of the shipment.
(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading.
(C) For all shipments of bare CRTs, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air.
(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and quantification of the disposition of other treatment residuals derived from cancellation of the CRT-containing CEWs, including but not limited to metals, plastics, fibers and wood.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.25. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of Non-CRT-Containing CEWs.
(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW as specified in Section 18660.32 of this Chapter.
(b) An approved recycler shall base recycling payment claims on the weight of the cancelled non-CRT-containing CEWs.
(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which it cancels non-CRT-containing CEWs.
(d) The reporting period for a recycling payment claim pursuant to this Section is the calendar month the cancellation occurs.
(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW as follows:
(1) The total weight of non-CRT-containing CEWs prior to cancellation for the reporting period. Note that non-CRT-containing CEWs commingled with other material are ineligible for recycling payment.
(2) The total payment claimed, calculated by multiplying the adjusted weight of non-CRT-containing CEWs cancelled by the Standard Statewide combined recovery and recycling payment rate specified in Section 18660.34 of this Chapter.
(3) If the amount in subsection (1) of this Section includes CEWs from outside California or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights.
(4) For each cancelled non-CRT-containing CEWs, the recycler shall record and report the manufacturer name, model number, serial number and weight prior to processing.
(f) An example calculation for canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW is included for illustration purposes as follows:
The weight of non-CRT-containing CEWs cancelled: 1000 pounds Times the per pound Standard Statewide combined recovery and recycling payment rate: X $0.48 Equals the payment claim for the reporting period: = $480.00 Total Claim
(g) An approved recycler shall attach the following documentation for all shipments of circuit boards from non-CRT-containing CEWs made during the reporting period of a calendar month:
(1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination.
(2) The date of the shipment and the weight of the circuit boards.
(3) Weight tickets of individual shipments of the circuit boards.
(4) Verification of post cancellation disposition, including:
(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading.
(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading.
(C) For all shipments of non-CRT-containing CEWs circuit boards, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air.
(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and quantification of the disposition of other treatment residuals derived from cancellation of the non-CRT-containing CEWs, including but not limited to metals, plastics, and fibers.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.30. CIWMB Review of Recycling Payment Claims.
(a) The CIWMB shall review a recycling payment claim and determine if a recycling payment is due pursuant to this Chapter. If the CIWMB has cause to investigate any aspect of a claim, the review will be extended until resolution of all issues aspects under investigation.
(b) The CIWMB may deny payment for any of the following reasons:
(1) The CIWMB determines that:
(A) The signature on the claim is not that of a person with signature authority for recycling payment claims as designated pursuant to Section 18660.11 of this Chapter.
(B) The recycler did not have current approval for the reporting period and/or the cancellation period in the claim.
(C) The approved recycler failed to meet the requirements in this Chapter or committed an activity prohibited in this Chapter.
(D) The payment claim contains a numerical discrepancy between values or calculations reported on the claim and the CIWMB verified values and calculations.
(E) The facility has not been inspected by DTSC within the past 12 months, as specified in Section 42479(b)(2)(A) of the Public Resources Code.
(F) The recycler is ineligible for payment pursuant to Section 42479(b)(1) of the Public Resources Code.
(2) The CIWMB has prevailed against the claimant in a civil or administrative action and money is owed to the CIWMB as a result of the action.
(3) The CIWMB discovers, as part of an application review, claim review or an audit, significant inconsistencies or fraud.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.31. Appeal of Denied or Adjusted Recycling Payment Claims.
(a) An approved recycler may file a formal appeal by writing to the CIWMB within 30 calendar days of the warrant date of an adjusted payment or the date of the notice denying the claim.
(b) Any appeal received by the CIWMB after 30 calendar days from the date of the adjustment letter from the CIWMB on an adjusted payment or the date of the notice denying the claim shall be denied without a hearing or consideration of the appeal.
(c) An approved recycler shall include all of the following information in a written appeal:
(1) The recycler's name and identification number from its proof of approval.
(2) The month(s) and year(s) in question.
(3) A copy of the recycling payment claim and the notice denying the claim, or a copy of the remittance advice if a payment adjustment is being appealed.
(4) An explanation of why the adjustment or denial was in error.
(5) Any other documentation that supports the appeal.
(d) At any time during the proceeding, before a final decision is issued, the CIWMB, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10.
(e) The CIWMB shall provide a hearing before the executive director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the claim, the reasons for payment denial or payment adjustment, and any additional relevant information presented by the claimant or CIWMB staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision.
(f) The CIWMB may adopt the decision as the final decision, or review all or a part of the decision at a hearing before the Board.
(g) The CIWMB will notify the recycler of the final determination in writing within 20 calendar days from the date on which Board adopts a final decision.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42479, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code.
s 18660.32. Cancellation Methods.
(a) The CIWMB shall not pay recycling payment claims unless the cancellation method used meets the requirements of this Section.
(b) An approved recycler shall not use or propose cancellation methods that are inconsistent with any DTSC requirements for handling or otherwise processing CEWs.
(c) An approved recycler may use the following standard CEW cancellation methods that qualify for recycling payments as specified in the requirements of this Chapter:
(1) CRT or CRT-containing CEW cancellation through crushing or shredding.
(2) CRT or CRT-containing CEW cancellation through dismantling to a bare CRT after relieving the vacuum.
(3) Cancellation of non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW.
(d) An approved recycler may submit proposals for alternative cancellation methods to the CIWMB for review on a case-by-case basis. The CIWMB, in consultation with DTSC, shall act within 180 calendar days to disapprove an alternative method, approve an alternative method for use only by the requesting recycler, or approve an alternative method for use by all recyclers.
(e) An approved recycler shall not claim, and the CIWMB shall not pay, recycling payments for CEWs "cancelled" with an alternative method unless the CIWMB has previously approved the alternative method. The CIWMB shall deny payment on any CEWs "cancelled" with an alternative method prior to CIWMB approval.
(f) Reuse of either an intact CEW or of a partially disassembled CEW, such as a CRT with an attached yoke, is not cancellation and is not eligible for recycling payments.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.33. Standard Statewide Recovery Payment Rate.
(a) An approved recycler shall pay an approved collector at least the Standard Statewide recovery payment rate of $0.20 per pound for all CEWs transferred to the recycler regardless of the real or anticipated disposition of the CEWs.
(b) In addition to the Net Cost Report described by Section 18660.10 of this Chapter, an approved collector or an approved recycler may submit test results, studies or other information for the CIWMB to consider when the Standard Statewide recovery payment rate is reviewed and adjusted, if necessary, biennially.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.34. Standard Statewide Combined Recovery and Recycling Payment Rate.
(a) The CIWMB shall pay an approved recycler the Standard Statewide combined recovery and recycling payment rate of $0.48 per pound for the weight of CEWs cancelled pursuant to the requirements of this Chapter, which includes a component for recovery costs and a component for recycling costs.
(b) In addition to the Net Cost Report described by Section 18660.10 of this Chapter, an approved collector or an approved recycler may submit test results, studies or other information for the CIWMB to consider when the Standard Statewide recycling payment rate is reviewed and adjusted, if necessary, biennially.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
s 18660.35. Manufacturer Registration.
(a) A manufacturer may apply to become registered, to renew an existing registration, or to revise an existing registration at any time by submitting a complete application.
(b) In an application for registration, manufacturers shall provide the following general information:
(1) Name of manufacturer.
(2) Mailing address and physical address.
(3) Name of the employee or officer of the manufacturer who is the contact person.
(4) Telephone number(s) of the contact person.
(5) An e-mail address of the contact person.
(6) Name of the employee or officer of the manufacturer who is the primary applicant authorized to sign:
(A) Payment claims.
(B) Reports.
(C) Other payment-related documentation and/or correspondence required by the CIWMB.
(7) Name of theemployee or officer of the manufacturer (if any), in addition to the primary applicant, who is authorized to sign: (continued)