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(A) Payment claims.
(B) Reports.
(C) Other-payment related documentation and/or correspondence required by the CIWMB.
(8) An indication of whether the manufacturer wishes to be included in an on-line registry.
(9) The location in which the records required by this Chapter will be maintained.
(c) In an application for registration, a manufacturer shall also include the following information about its take back program or activities, including but not limited to:
(1) The types of California sources from which the manufacturer may take back CEWs, including but not limited to households, businesses, and/or other collectors.
(2) The type(s) of CEWs that the manufacturer may take back for recycling.
(3) The mechanism(s) by which the manufacturer will accept CEWs into the take back program, such as mail-in, drop-off, trade-in, or pick-up.
(4) Any conditions the manufacturer may place on accepting CEWs.
(5) Whether the manufacturer may recover for the purposes of recycling discarded electronic devices similar to CEWs from outside of the State of California.
(d) In an application for registration, a manufacturer shall also include the following information regarding the recycling of the CEWs received into its take back program:
(1) The name and address of the recycling facility(ies) used by the manufacturer.
(2) A description of the recycling operation used by the manufacturer, including the recycling process that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.
(e) In an application for registration, a manufacturer shall make the following certification statements:
(1) "The undersigned manufacturer agrees under penalty of immediate revocation of registration and denial of manufacturer payments that as an registered manufacturer:"
(A) "I shall ensure that any CEWs for which payment is claimed originate from a California source."
(B) "I shall only claim payment for those CEWs that I take back and process for recycling."
(C) "I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions."
(2) "The undersigned manufacturer certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct."
(A) The name and signature of the primary applicant who has the authority to sign and bind the manufacturer to this application.
(B) The date and location of application execution.
(f) In an application for registration, a manufacturer shall submit a completed "Payee Data Record" STD. 204 Form (or as revised) - 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.
(g) Within 30 calendar days upon receipt of the application for registration, the CIWMB will notify the manufacturer if the applicant is a registered manufacturer and provide a registration number to be used in all correspondence and claims.
(h) A registered manufacturer's registration remains valid for 2 years following the date of registration provided that the information in the original application remains unchanged and the manufacturer continues to meet and fulfill the requirements of this Chapter.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a) and 42476, Public Resources Code.





s 18660.36. Requirements for a Registered Manufacturer.
(a) Upon registration with the CIWMB, a registered manufacturer may claim manufacturer payments for those CEWs received by the manufacturer's take back program after the effective date of registration and processed for recycling as specified in Section 18660.6(i)(3) of this Chapter.
(b) A registered manufacturer shall determine if CEWs received by the manufacturer's take back program and processed for recycling are from California sources or from non-California sources and shall keep track of those materials separately.
(c) A registered manufacturer shall not request payment for non-California CEWs.
(d) A registered manufacturer shall not request payment for previously cancelled CEWs.
(e) A registered manufacturer shall ensure that any CEW on which the manufacturer has claimed manufacturer payment does not enter the recovery and recycling payment system.
(f) The recycling operation used by a registered manufacturer shall operate in accordance with all Federal, State and local laws and regulations.
(g) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, a registered manufacturer shall obtain and maintain the following records:
(1) A written description of the take back program, including the type of consumers from whom CEWs are accepted for take back.
(2) A record of the number of CEWs collected by the product categories defined in Section 18660.5(a)(27) of this Chapter.
(3) Records of transfers by load to the recycling operation used by the registered manufacturer, including signed and dated receipts showing the weight and number of CEWs transferred.
(4) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the recycling operation used by the manufacturer.
(5) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use.
(6) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling.
(7) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.
(8) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to the CIWMB.
(h) A registered manufacturer shall measure, record and report weights in pounds. A registered manufacturer 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) or in accordance with comparable standards of the state in which the registered manufacturer is located.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476 and 42479, Public Resources Code.





s 18660.37. Manufacturer Payment Claims.
(a) A registered manufacturer shall base a manufacturer payment claim on the number of CEWs processed for recycling by screen size(s) as listed in Section 42464(a) of the Public Resources Code.
(b) A registered manufacturer shall submit all of the following general information in a claim for manufacturer payments from the CIWMB:
(1) The full name, mailing address, registration number, and federal tax identification number of the registered manufacturer preparing the claim.
(2) The name and phone number of a contact person for purposes of the claim.
(3) The period of time covered by the claim and date of preparation of the claim.
(4) The number of CEW devices claimed:
(A) In each product category as defined in Section 18660.5(a)(27).
(B) By screen size as listed in Section 42464(a) of the Public Resources Code.
(5) The total monetary amount being claimed, as calculated in subsection (f) of this Section.
(6) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article. The signature block shall include the following certification statements:
(A) "I hereby declare under penalty of perjury that:"
1. "All claimed CEWs were received from California sources through the manufacture take back program described in the manufacturer registration."
2. "All claimed CEWs have been processed for recycling in a manner that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result."
3. "No claimed CEWs were transferred into the recovery and recycling payment system."
4. "I have certified the number of devices and verified the calculations."
5. "This payment claim, including any and all accompanying documents, has been examined by me and is true, correct and complete."
6. "I understand that errors or omissions on my part may result in the CIWMB delaying or denying payment"
7. "I further understand that fraud could result in revocation of the manufacturer registration."
(7) The date and place the claim was signed.
(c) A registered manufacturer shall submit no more than one payment claim per calendar month.
(d) The claim period for a manufacturer payment claim pursuant to this Section is the time period within which processing occurs and may not exceed three (3) months.
(e) A registered manufacturer shall attach all of the following to the payment claim:
(1) A written description of take back program that collected the CEWs for which payment is being claimed, including the type of consumers from whom CEWs were accepted, and a record of the number of CEWs collected by the product categories as defined in Section 18660.5(a)(27) of this Chapter.
(2) Records of transfers by load to the registered manufacturer's recycling operation, including signed and dated receipts showing the weight and number of CEWs transferred.
(3) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the manufacturer's recycling operation.
(4) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use.
(5) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling.
(6) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.
(f) A registered manufacturer shall calculate the payment and include the calculation in a manufacturer payment claim as follows:
(1) The total number of CEWs, by screen size as specified in Section 42464(a) of the Public Resources Code, that are processed for recycling during the claim period.
(2) The total payment claimed, calculated by:
(A) Multiplying the number of CEWs in each screen size category by the value of the covered electronic waste recycling fee that applies to that category.
(B) Adding the calculations in (A) above for each screen size category calculation together.
(g) An example calculation for a manufacturer claim is included for illustration purposes as follows:
The number CEWs processed for recycling by screen size: 100 devices with less than 15 inch screen size 100 devices Times the covered electronic waste recycling fee for category x $6.00 __________ $600.00
200 devices greater than or equal to 15 inch screen size but less than 35 inch screen size 200 devices Times the covered electronic waste recycling fee for category x $8.00 __________ $1600.00 Equals the payment claim for the claim period: ($600.00+$1600.00)= $2200.00 Total Claim
(h) A registered manufacturer shall deliver manufacturer payment claims to the CIWMB's main business office, to the attention of the Accounting Section. A registered manufacturer shall mark the outside of the package containing the claims clearly with "e-Waste Claim Enclosed."
(i) A registered manufacturer shall submit timely manufacturer payment claims so that the CIWMB receives each claim within 45 days of the end of the claim period. The CIWMB may return without payment any claim received more than 45 days after the end of the claim period. 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.
(j) The CIWMB may reject a claim if it fails to comply with the requirements of this Section.
(k) The CIWMB's rejection of a manufacturer 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 and 42479, Public Resources Code.





s 18660.38. CIWMB Review of Manufacturer Payment Claims.
(a) The CIWMB shall review a manufacturer payment claim and determine if a manufacturer 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 registered manufacturer payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article.
(B) The registered manufacturer did not have current registration for the claim period.
(C) The registered manufacturer 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.
(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) and 42476, Public Resources Code.





s 18660.39. Appeal of Denied or Adjusted Manufacturer Payment Claims.
(a) A registered manufacturer 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) A registered manufacturer shall include all of the following information in a written appeal:
(1) The registered manufacturer's name and registration.
(2) The month(s) and year(s) in question.
(3) A copy of the manufacturer 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 registered manufacturer 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 42476, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code.





s 18660.41. Reporting Requirements.
Each manufacturer as defined by Section 42463(n) of the Public Resources Code shall submit an annual report to the CIWMB on or before July 1, 2005, and annually thereafter, for the period of the previous calendar year. Each manufacturer shall report information by brand name of covered electronic devices sold in the state.
(a) The report shall include the following:
(1) Name and address of the manufacturer; and name, address, phone number, and email address for a contact person of the manufacturer.
(2) The information elements, as described in Section 42465.2 of the Public Resources Code and specified in Sections 18660.41(b) through (f), below.
(b) The sales reporting shall include:
(1) Data on the number of covered electronic devices sold in the state by:
(A) Screen size as listed in Section 42464(a) of the Public Resources Code; and
(B) Product category;
(2) An explanation of the methodology used to estimate sales data.
(c) The materials reporting shall include:
(1) An estimated average amount in milligrams for mercury, cadmium, lead, hexavalent chromium, including their alloys and compounds, and PBBs used in covered electronic devices, and all their component parts by product category.
(2) Estimates may be based on either physical testing or maximum tolerance levels of the material in product design specifications.
(3) An explanation of the methodology used to estimate data.
(d) Recyclable content reporting shall include:
(1) Estimates on the amount in tons of recyclable content materials (e.g., plastics, glass, and metals) contained in covered electronic devices;
(2) The increase from the previous year in the use of recyclable content materials; and
(3) An explanation of the methodology used to estimate recyclable content.
(e) Design for recycling reporting shall include:
(1) Information on current activities and future plans related to the design of covered electronic devices, including but not limited to, the following:
(A) Ease of disassembly of covered electronic devices;
(B) Identification of resin types; and
(C) Improved materials efficiency through reduction in hazardous materials use or other approaches.
(f) List of retailers noticed pursuant to Section 42465.2(a)(1)(E) of the Public Resources Code shall include:
(1) The contact information used by the manufacturer to perform the notice, such as the name, address, contact person, phone number and/or email address of the retailer to which the notice was made.
(2) The list of covered products contained in the notice.
(g) Manufacturers shall individually submit to the CIWMB samples of the consumer information and description of all methods used to comply with Section 18660.42 of this Chapter. Manufacturers shall submit this information at the same time they comply with Section 18660.41(a) through (e), above.
(h) Each manufacturer shall maintain the report and all supporting documentation for three years after the report is submitted. If the CIWMB or DTSC requests a copy of the supporting documentation the manufacturer shall submit the supporting documentation within 10 days of the request.
(i) Each manufacturer shall provide a certification under penalty of perjury that the information is true and correct.
(j) Collective reporting - Compliance with the reporting required in Sections 18660.41(b) through (f), above, is the individual responsibility of each manufacturer. A manufacturer may comply with the reporting requirements in subsections (b) and (c), above, by submitting a collective report for the subsections containing sales and materials information, if the following conditions are met:
(1) A collective report must contain all of the information required in Sections 18660.41(b) and (c), above, but may combine the information for those manufacturers submitting information for the collective report;
(2) The collective report shall contain a list of all manufacturers whose reports are included in the collective report. This list shall include the name of the manufacturer and address of the manufacturer; and name, address, phone number, and email address for a contact person of the manufacturer;
(3) Each manufacturer shall provide a certification under penalty of perjury that the information provided for the collective report is true and correct; and
(4) Notwithstanding Section 18660.41(j)(1) through (3), above, the CIWMB may request, on a case-by-case basis, a manufacturer to submit an individual report with the information required in Sections 18660.41(b) and (c), above, and all supporting documentation of the information contained in the report. In response to CIWMB's request, the manufacturer shall submit an individual report and supporting documentation within ten days of receiving the CIWMB's request.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42465.2, Public Resources Code.





s 18660.42. Requirements.
A manufacturer shall do the following:
(a) Make the consumer information required by Section 42465.2(a)(2) of the Public Resources Code available in English and Spanish; and
(b) If a manufacturer uses a centralized database or Internet site to meet the requirement in (a), the manufacturer must maintain the databases or Internet site for their accuracy.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42465.2, Public Resources Code.





s 18660.43. Requirements.
The protection from disclosure of information or the disclosure of information submitted to the CIWMB by a collector, a recycler, or a manufacturer of covered electronic devices, pursuant to this Chapter, shall be governed by the standards adopted by the Board found at Sections 17041 through 17046, of this Title.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42465.2(c) and 42475(c), Public Resources Code






s 18700. Authority.

Note: Authority cited: Section 66790, Government Code. Reference: Section 66796.22, Government Code.






s 18720. Definitions.
(a) The following definitions shall apply to the regulations contained in this chapter.
(1) Agricultural wastes.
"Agricultural wastes" means solid wastes of plant and animal origin, which result from the production and processing of farm or agricultural products, including manures, orchard and vineyard prunings, and crop residues, which are removed from the site of generation for solid waste management. Agricultural refers to SIC Codes 011 through 0291.
(2) Aluminum can or aluminum container.
"Aluminum can" or "aluminum container" means any food or beverage container that is composed of at least 94% aluminum.
(3) Asbestos.
"Asbestos" means fibrous forms of various hydrated minerals, including chrysotile (fibrous serpentine), crocidolite (fibrous reibecktite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
(4) Ash.
"Ash" or "ashes" means the residue from the combustion of any solid or liquid material.
(5) Bi-metal container.
"Bi-metal container" means any metal container composed of at least two different types of metals, such as a steel container with an aluminum top.
(6) Best readily available and applicable data or representative data.
"Best readily available and applicable data" or "representative data" means information that is available to a jurisdiction from published sources, field sampling, the Board, or other identifiable entities which is the most current data and which addresses the situation being examined.
(7) Buy-back recycling center.
"Buy-back recycling center" means a facility which pays a fee for the delivery and transfer of ownership to the facility of source separated materials, for the purpose of recycling or composting.
(8) Capital costs.
"Capital costs" means those direct costs incurred in order to acquire real property assets such as land, buildings and building additions; site improvements; machinery; and equipment.
(9) Commercial solid wastes.
"Commercial solid waste" means solid waste originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military, and correctional institutions, non-profit research organizations, and government offices. Commercial solid waste refers to SIC Codes 401 through 4939, 4961, and 4971 (transportation, communications and utilities), 501 through 5999 (wholesale and retail trade), 601 through 679 (finance, insurance and real estate), 701 through 8748 (public and private service industries such as hospitals and hotels), and 911 through 9721 (public administration). Commercial solid wastes do not include construction and demolition waste.
(10) Commercial unit.
"Commercial unit" means a site zoned for a commercial business and which generates commercial solid wastes.
(11) Composition.
"Composition" means a set of identified solid waste materials, categorized into waste categories and waste types pursuant to sections 18722(i) and (j) of article 6.1 of this chapter.
(12) Composting.
"Composting" means a method of waste treatment which produces a product meeting the definition of "compost" in Public Resources Code section 40116.
(13) Composting facility.
"Composting facility" means a permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of "compost" in Public Resources Code section 40116.
(14) Construction and demolition waste.
"Construction and demolition waste" includes solid wastes, such as building materials; and packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings, and other structures. Construction refers to SIC Codes 152 through 1794, 1796, and 1799. Demolition refers to SIC Code 1795.
(15) Corrugated Container.
"Corrugated container" means a paperboard container fabricated from two layers of kraft linerboard sandwiched around a corrugating medium. Kraft linerboard means paperboard made from wood pulp produced by a modified sulfate pulping process, with basis weight ranging from 18 to 200 pounds, manufactured for use as facing material for corrugated or solid fiber containers. Linerboard also may mean that material which is made from reclaimed paper stock. Corrugating medium means paperboard made from chemical or semichemical wood pulps, straw or reclaimed paper stock, and folded to form permanent corrugations. Corrugated container refers to SIC Code 2653.
(16) Cost-effective.
"Cost-effective" means a measurement of cost compared to an unvalued output (e.g., the cost per ton of solid waste collected) such that the lower the cost, the more cost-effective the action.
(17) Disposal.
"Disposal" means the management of solid waste through landfilling or transformation at permitted solid waste facilities.
(18) Disposal capacity.
"Disposal capacity" means the capacity, expressed in either weight in tons or its volumetric equivalent in cubic yards, which is either currently available at a permitted solid waste landfill, or will be needed for the disposal of solid waste generated within the jurisdiction over a specified period of time.
(19) Diversion Alternative.
"Diversion alternative" means any activity, existing or occurring in the future, which has been, is, or will be implemented by a jurisdiction which could result in or promote the diversion of solid waste, through source reduction, recycling or composting, from solid waste landfills and transformation facilities.
(20) Drop-off recycling center.
"Drop-off recycling center" means a facility which accepts delivery or transfer of ownership of source separated materials for the purpose of recycling or composting, without paying a fee. Donation of materials to collection organizations, such as charitable groups, is included in this definition.
(21) Durability.
"Durability" means the ability of a product to be used for its intended purpose for a period greater than the mean useful product life span of similar products.
(22) End market or end use.
"End market" or "end use" means the use or uses of a diverted material or product which has been returned to the economic mainstream, whether or not this return is through sale of the material or product. The material or product can have a value which is less than the solid waste disposal cost.
(23) Feasible.
"Feasible" means that a specified program, method, or other activity can, on the basis of cost, technical requirements and time frame for accomplishment, be undertaken to achieve the objectives and tasks identified by a jurisdiction in a Countywide Integrated Waste Management Plan.
(24) Ferrous metals.
"Ferrous metals" means any iron or steel scrap which has an iron content sufficient for magnetic separation.
(25) Food waste.
"Food waste" means all animal and vegetable solid wastes generated by food facilities, as defined in California Health and Safety Code section 27521, or from residences, that result from the storage, preparation, cooking, or handling of food.
(26) Hazard.
"Hazard" means having one or more of the characteristics that cause a substance or combination of substances to qualify as a hazardous material, as defined by section 66084 of title 22 of the California Code of Regulations.
(27) Household hazardous waste.
"Household hazardous wastes" are those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed.
(28) Household hazardous waste collection.
"Household hazardous waste collection" means a program activity in which household hazardous wastes are brought to a designated collection point where the household hazardous wastes are separated for temporary storage and ultimate recycling, treatment, or disposal.
(29) Implementation.
"Implementation" means the accomplishment of the program tasks as identified in each component required by section 18733 of this chapter.
(30) Industrial solid waste.
"Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and publicly operated treatment works, and/or solid wastes placed in debris boxes.
(31) Industrial unit.
"Industrial unit" means a site zoned for an industrial business and which generates industrial solid wastes.
(32) Inert solids or inert waste.
"Inert solids" or "inert waste" means a non-liquid solid waste including, but not limited to, soil and concrete, that does not contain hazardous waste or soluble pollutants at concentrations in excess of water-quality objectives established by a regional water board pursuant to division 7 (commencing with section 13000) of the California Water Code and does not contain significant quantities of decomposable solid waste.
(33) Jurisdiction.
"Jurisdiction" means the city or county responsible for preparing any one or all of the following: the Countywide Integrated Waste Management Plan, or the Countywide Siting Element, or the Source Reduction and Recycling Element.
(34) Marine wastes.
"Marine wastes" means solid wastes generated from marine vessels and ocean work platforms, solid wastes washed onto ocean beaches, and litter discarded on ocean beaches.
(35) Market development.
"Market development" means a method of increasing the demand for recovered materials so that end markets for the materials are established, improved or stabilized and thereby become more reliable .
(36) Materials recovery facility.
"Materials recovery facility" means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting.
(37) Medium-term planning period.
"Medium-term planning period" means a period beginning in the year 1996 and ending in the year 2000.
(38) Mixed paper.
"Mixed paper" means a waste type which is a mixture, unsegregated by color or quality, of at least two of the following paper wastes: newspaper, corrugated cardboard, office paper, computer paper, white paper, coated paper stock, or other paper wastes.
(39) Model component format.
"Model component format" means that format described in sections 18733.1 through 18733.6 of article 6.2 of this chapter which shall be used for preparation of several of the individual components of a SRR Element.
(40) Municipal solid waste or MSW.
"Municipal solid waste" or "MSW" means all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, at food-processing facilities, and at treatment works for water and waste water, which are collected and transported under the authorization of a jurisdiction or are self-hauled. Municipal solid waste does not include agricultural crop residues (SIC Codes 071 through 0724, 0751), animal manures (SIC Code 0751), mining waste and fuel extraction waste (SIC Codes 101 through 1499), forestry wastes (SIC Codes 081 through 0851, 2411 and 2421), and ash from industrial boilers, furnaces and incinerators.
(41) Non-ferrous metals.
"Non-Ferrous metals" means any metal scraps that have value, and that are derived from metals other than iron and its alloys in steel, such as aluminum, copper, brass, bronze, lead, zinc and other metals, and to which a magnet will not adhere.
(42) Non-recyclable paper.
"Non-recyclable paper" means discarded paper which has no market value because of its physical or chemical or biological characteristics or properties.
(43) Non-renewable resource.
"Non-renewable resource" means a resource which cannot be replenished, such as those resources derived from fossil fuels.
(44) Normally disposed of.
"Normally disposed of" refers to those waste categories and waste types which:
1) have been demonstrated by the Solid Waste Generation Study, conducted pursuant to section 18722 of this chapter, to constitute at least 0.001% of the total weight of solid wastes disposed in a solid waste stream attributed to the jurisdiction as of January 1, 1990;
2) which are deposited at permitted solid waste landfills or transformation facilities subsequent to any recycling or composting activities at those solid waste facilities; and
3) which are allowed to be considered in the establishment of the base amount of solid waste from which source reduction, recycling, and composting levels shall be calculated, pursuant to the limitations listed in Public Resources Code section 41781(b).
(45) Old newspaper.
"Old newspaper" means any newsprint which is separated from other types of solid waste or collected separately from other types of solid waste and made available for reuse and which may be used as a raw material in the manufacture of a new paper product.
(46) Operational costs.
"Operational costs" means those direct costs incurred in maintaining the ongoing operation of a program or facility. Operational costs do not include capital costs.
(47) Organic waste.
"Organic waste" means solid wastes originated from living organisms and their metabolic waste products, and from petroleum, which contain naturally produced organic compounds, and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide, and other simpler organic compounds.
(48) Other plastics.
"Other plastics" means all waste plastics except polyethylene terephthalate (PET) containers, film plastics, and high density polyethylene (HDPE) containers.
(49) Permitted capacity.
"Permitted capacity" means that volume in cubic yards or weight in tons which a solid waste facility is allowed to receive, on a periodic basis, under the terms and conditions of that solid waste facility's current Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board.
(50) Permitted landfill.
"Permitted landfill" means a solid waste landfill for which there exists a current Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board, or which is permitted under the regulatory scheme of another state.
(51) Permitted solid waste facility.
"Permitted solid waste facility" means a solid waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board, or which is permitted under the regulatory scheme of another state.
(52) Plan or Countywide Integrated Waste Management Plan.
"Plan" or "Countywide Integrated Waste Management Plan" means the Countywide Integrated Waste Management Plan as defined in section 41750 of the Public Resources Code.
(53) Program.
"Program" means the full range of source reduction, recycling, composting, special waste, or household hazardous waste activities undertaken by or in the jurisdiction or relating to management of the jurisdiction's waste stream to achieve the objectives identified in the Source Reduction, Recycling, Composting, and Special Waste components, and Household Hazardous Waste Element, respectively.
(54) Purchase preference.
"Purchase preference" means a preference provided to a wholesale or retail commodity dealer which is based upon the percentage amount that the costs of products made from recycled materials may exceed that of similar non-recycled products and still be deemed the lowest bid.
(55) Rate structure.
"Rate structure" means that set of prices established by a jurisdiction, special district (as defined in Government Code section 56036), or other rate setting authority to compensate the jurisdiction, special district or rate setting authority for the partial or full costs of the collection, processing, recycling, composting, and/or transformation or landfill disposal of solid wastes.
(56) Recovered material.
"Recovered material" means material which has been retrieved or diverted from disposal or transformation for the purpose of recycling, re-use or composting. "Recovered material" does not include those materials generated from and reused on site for manufacturing purposes.
(57) Region.
"Region" means the combined geographic area of two or more incorporated areas; two or more unincorporated areas; or any combination of incorporated and unincorporated areas.
(58) Repairability.
"Repairability" means the ability of a product or package to be restored to a working or usable state at a cost which is less than the replacement cost of the product or package.
(59) Residential solid waste.
"Residential solid waste" means solid waste originating from single-family or multiple family dwellings.
(60) Residential unit.
"Residential unit" means a site occupied by a building which is zoned for residential occupation and whose occupants generate residential solid wastes.
(61) Reusability.
"Reusability" means the ability of a product or package to be used more than once in its same form.
(62) Re-use.
"Re-use" means the use, in the same form as it was produced, of a material which might otherwise be discarded.
(63) Rubber.
"Rubber" means an amorphous polymer of isoprene derived from natural latex of certain tropical plants or from petroleum.
(64) Salvage.
"Salvage" means the controlled removal of solid waste materials at a permitted solid waste facility for recycling, re-use, composting, or transformation.
(65) Seasonal.
"Seasonal" means those periods of time during the calendar year which are identifiable by distinct cyclical patterns of local climate, demography, trade or commerce.
(66) Sewage sludge.
"Sewage sludge" means residual solids and semi-solids resulting from the treatment of waste water, but does not include waste water effluent discharged from such treatment processes.
(67) Short-term planning period.
"Short-term planning period" means a period beginning in the year 1991 and ending in the year 1995.
(68) SIC Code.
"SIC Code" means the standards published in the U.S. Standard Industrial Classification Manual (1987), which is herein incorporated by reference.
(69) Sludge.
"Sludge" means residual solids and semi-solids resulting from the treatment of water, waste water, and/or other liquids. Sludge includes sewage sludge and sludge derived from industrial processes, but does not include effluent discharged from such treatment processes.
(70) Solid Waste Generation Study.
"Solid Waste Generation Study" means the study undertaken by a jurisdiction to characterize its solid waste stream and comply with all the requirements of sections 18722, 18724, and 18726 of this chapter.
(71) Source Reduction and Recycling Element or SRR Element.
"Source Reduction and Recycling Element" or "SRR Element" means the source reduction and recycling element required pursuant to Public Resources Code sections 41000 and 41300.
(72) Source separated.
"Source separated" describes the segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling.
(73) Special waste.
"Special waste" means any hazardous waste listed in section 66740 of title 22 of the California Code of Regulations, or any waste which has been classified as a special waste pursuant to section 66744 of title 22 of the California Code of Regulations, or which has been granted a variance for the purpose of storage, transportation, treatment, or disposal by the Department of Health Services pursuant to section 66310 of title 22 of the California Code of Regulations. Special waste also includes any solid waste which, because of its source of generation, physical, chemical or biological characteristics or unique disposal practices, is specifically conditioned in a solid waste facilities permit for handling and/or disposal.
(74) Statistically representative.
"Statistically representative" means those representative and random samples of units that are taken from a population sample, pursuant to the procedures given in appendix 1 of article 6.1 of this chapter. For the purposes of this definition, population sample includes, but is not limited to, a sample from a population of solid waste generation sites, solid waste facilities and recycling facilities, or a population of items of materials and solid wastes in a refuse vehicle load of solid waste.
(75) Tin can or tin container.
"Tin can" or "tin container" means any food or beverage container that is composed of steel with a tin coating.
(76) Ton.
"Ton" means a unit of weight in the U.S. Customary System of Measurement, an avoirdupois unit equal to 2,000 pounds. Also called short ton or net ton.
(77) Transformation facility.
"Transformation facility" means a facility whose principal function is to convert, combust, or otherwise process solid waste by incineration, pyrolysis, destructive distillation, or gasification, or to chemically or biologically process solid wastes, for the purpose of volume reduction, synthetic fuel production, or energy recovery. Transformation facility does not include a composting facility.
(78) Volume.
"Volume" means a three dimensional measurement of the capacity of a region of space or a container. Volume is commonly expressed in terms of cubic yards or cubic meters. Volume is not expressed in terms of mass or weight.
(79) Waste categories.
"Waste categories" means the grouping of solid wastes with similar properties into major solid waste classes, such as grouping together office, corrugated and newspaper as a paper waste category, as identified by the solid waste classification system contained in section 18722 of article 6.1 of this chapter, except where a component-specific requirement provides alternative means of classification.
(80) Waste diversion.
"Waste diversion" means to divert solid waste, in accordance with all applicable federal, state and local requirements, from disposal at solid waste landfills or transformation facilities through source reduction, recycling or composting.
(81) Waste generator.
"Waste generator" means any person, as defined by section 40170 of the Public Resources Code, whose act or process produces solid waste as defined in Public Resources Code section 40191, or whose act first causes solid waste to become subject to regulation.
(82) Waste type.
"Waste type" means identified wastes having the features of a group or class of wastes which are distinguishable from any other waste type, as identified by the waste classification system contained in section 18722 of article 6.1 of this chapter, except where a component-specific requirement provides alternative means of classification.
(83) White goods.
"White goods" means discarded, enamel-coated major appliances, such as washing machines, clothes dryers, hot water heaters, stoves and refrigerators.
(84) Wood waste.
"Wood waste" means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities.
(85) Yard waste.
"Yard waste" means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.

Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41000, 41300 and 41823, Public Resources Code.





s 18722. Solid Waste Generation Studies -General Requirements.
(a) Relation to Waste Characterization Component. For the purposes of this Chapter, a solid waste generation study constitutes the waste characterization component of the SRR Element required by sections 41003, 41030, 41303 and 41330 of the Public Resources Code.
Each jurisdiction shall prepare an initial solid waste generation study and all subsequent solid waste generation studies in accordance with the requirements of this Article. Additional specific requirements and guidelines for the initial solid waste generation study are defined in Section 18724 of this Article.
(b) Regional and Joint Solid Waste Generation Studies.
Solid waste generation studies may be conducted by an individual jurisdiction for solid waste generated within that jurisdiction, or jointly by two or more jurisdictions for the solid waste generated within the participating jurisdictions.
(c) Solid Waste Generation Data Projections. All solid waste generation studies shall include a 15-year projection of the solid waste to be generated within the jurisdiction, and diverted and disposed by the jurisdiction. The projected time period shall commence from the date of the local adoption of a SRR Element. The projection is to include the amounts, waste categories and waste types generated, diverted from disposal, and disposed, for each year of the 15- year period, under (1) the solid waste management system conditions and diversion activities existing at the time that the Solid Waste Generation study is prepared, and under (2) the solid waste management system conditions expected to be realized after a jurisdiction's implementation of its SRR Element and its attainment of the statutory diversion mandates.
(1) Acceptable information sources which may be used by the jurisdiction to determine and project changes in population, or in governmental, residential, industrial, and commercial operations, shall be the following:
(A) documented population data available from the California Department of Finance;
(B) documented employment data available from the California State Employment Development Department;
(C) documented industrial and commercial operations data available from the California Department of Commerce or from the California State Employment Development Department;
(D) documented data available in a local jurisdiction's adopted current General Plan;
(E) documented data available from published reports of local associations of governments and chambers of commerce;
(F) documented data available from the U.S. Census Bureau;
(G) documented jurisdiction-specific demographic, economic, and solid waste data developed and published by a jurisdiction in the course of the preparation of its solid waste generation study.
(d) Annual Report on Solid Waste Generation.
The annual report on the implementation of the SRR Element, required pursuant to Section 41821 of the Public Resources Code, shall contain the jurisdiction's analysis of the need to revise its solid waste generation study, including the need to revise its data on the sources of generation, diversion and disposal, and its data on categories and types of solid waste generated, diverted and disposed.
(e) Uses of Solid Waste Generation Data.
Data obtained from a solid waste generation study shall be used to determine the total quantity of solid waste generated within the jurisdiction, and diverted and disposed, for purposes of identifying the quantities and types of materials to be diverted from disposal pursuant to Sections 41780 and 41781 of the Public Resources Code.
(f) Measuring Solid Waste Quantity. In determining the aggregate quantity of solid waste generated, each jurisdiction shall use the following types of measurements: volume or weight. The conversion factors used to convert volume to weight, or weight to volume, shall be provided in the solid waste generation study and submitted to the Board inthe SRR Element. (continued)