Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Persons importing empty beverage container material and persons receiving imported empty beverage container material in excess of the minimum weights specified in Section 14596(a) of the Act shall prepare the applicable sections of the Imported Material Report described in this Section for each load of empty beverage container material imported into California. A separate Imported Material Report shall be prepared for each material type entering this State. Each Imported Material Report and all related documents shall be prepared in accordance with the requirements outlined in this Article and Sections 2085 and 2090 of these regulations. Notwithstanding Section 2090(d)(1) of these regulations, persons importing empty beverage container material and persons receiving imported empty beverage container material that have no certification number or Seller's Permit Number may submit Imported Material Reports without obtaining an identification number from the Division.
(a) Persons importing empty beverage container material shall prepare and provide to a California Department of Food and Agriculture inspector, Division staff person, law enforcement officer, or other appropriate official upon entry to this State a hardcopy printout of an Imported Material Report with the appropriate sections completed, whether or not the report was created or submitted electronically, that includes all of the following:
(1) A description of the empty beverage container material, including:
(A) The type of material, such as, aluminum, glass, plastic, or bimetal; and
(B) The condition of the material, such as, loose, baled, densified, shredded, flaked, or other conditions; and
(C) The weight of the material; and
(D) How the weight was calculated; and
1. Loads of imported empty beverage container material weighing more than 100 pounds must be accompanied by a weight ticket prepared by a weighmaster licensed, certified, registered, or otherwise officially credentialed by the applicable jurisdiction; and
(E) The percentage of the load that is empty beverage container material.
(2) Information about the point of origin of the material, including:
(A) The name, address, phone number, and other contact information of the consignor or other person shipping the material; and
(B) The address where the material was loaded for transportation into California.
(3) Information about the vehicles and other equipment used to transport the material, including:
(A) The motor vehicle license number and state or country of issuance; and
(B) The license number and state or country of issuance for any trailer being used; and
(C) The unit numbers of any shipping containers being used; and
(D) The type of vehicle used to transport the imported empty beverage container material; and
(E) The year, make, and model of the vehicle used to transport the imported empty beverage container material; and
(F) For vehicles or combinations of vehicles being operated under a rental agreement with a term of not more than 30 calendar days, the name, addresses, phone numbers, and other contact information of the rental company or other lessor, the vehicle tracking ID number, the rental contract number, and the name of the driver indicated on the rental contract.
(4) Information about the vehicle operator, including:
(A) The name and driver's license number with the state or country of issuance of the person driving the vehicle; and
(B) The signature of the person driving the vehicle with date the driver signed; and
(C) Whether the vehicle operator is a "for-hire motor carrier" or "private motor carrier" as defined in Section 390.5 of Title 49 of the Code of Federal Regulations (49 Code Fed. Regs. § 390.5); and
(D) For-hire motor carriers and private motor carriers, as defined above, shall provide the following information:
1. The name, addresses, phone numbers, and other contact information of the motor carrier; and
2. The USDOT number assigned to the motor carrier by the United States Department of Transportation; and
3. The California Motor Carrier Permit number assigned by the California Department of Motor Vehicles pursuant to Section 34507.5 and Division 14.85 of the Vehicle Code (commencing with Section 34600).
(5) Information about the destination to which the material will be delivered, including:
(A) The type of facility and business activity conducted at the location, such as, a manufacturing facility, certified processor, port or rail terminal, storage yard, warehouse, truck terminal, junk dealer, scrap metal dealer, personal residence, undeveloped parcel, or other facility or business type; and
(B) The complete street address where the material will be delivered; and
(C) The name, address, phone number, and other contact information of the consignee or other person receiving the imported empty beverage container material.
(6) In accordance with the general requirements outlined in Section 2090 of these regulations, the signature of the person preparing the sections of the Imported Materials Report required upon entry to this State and other information, including:
(A) The name, address, phone number, and other contact information of the person preparing the report. If the person is preparing the report on behalf of another, the name, address, phone number, and other contact information of that person shall also be provided; and
(B) The printed name, title, and signature of the person preparing the report; and
1. The signature block shall state that the information in the report is true and correct to the best knowledge of the person signing the report, the person signing is authorized to do so, and the person signing the report acknowledges that empty beverage container material imported into California is ineligible for refund value and other recycling program payments; and
(C) The date the report was signed.
(b) Persons importing empty beverage container material shall provide to the person taking delivery of the material copies of the proof of inspection and the Imported Material Report with the appropriate sections completed and the proper supporting documents attached for each load of imported empty beverage container material delivered in this State. The copies shall be provided at the time the material is delivered. The requirement to provide these records is in addition to the documentation requirements of any other laws applicable to the storage, transportation, delivery, sale, or transfer of the material.
(c) Persons receiving imported empty beverage container material shall, in the course of taking delivery of the material, complete all appropriate sections of the Imported Material Report that includes all of the following:
(1) The name, address, phone number, and other contact information of the person receiving the imported empty beverage container material; and
(2) Confirmation that the material is being delivered to the destination indicated on the Imported Material Report; and
(3) Confirmation that the material presented for delivery matches the description of the material on the Imported Material Report; and
(4) The printed name, title, and signature of the person accepting delivery of the material; and
(A) The signature block shall state that the information in the report is true and correct to the best knowledge of the person signing the report, the person signing is authorized to do so, and the person signing the report acknowledges that empty beverage container material imported into California is ineligible for refund value and other recycling program payments; and
(5) The date the report was signed by the person taking delivery.
1. New section filed 1-13-2014 as an emergency; operative 1-13-2014 (Register 2014, No. 3). Emergency amendments shall remain in effect until revised by the director of the Department of Resources Recycling and Recovery pursuant to section 14599 of the Public Resources Code.
Note: Authority cited: Sections 14530.5(b), 14536, 14596 and 14599, Public Resources Code. Reference: Sections 14536.5, 14552, 14553, 14595, 14595.4, 14595.5, 14596 and 14597, Public Resources Code.
