California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 5 - Division of Recycling
Subchapter 12 - DOR Requirements
Article 2 - Processing Fees and Processing Payments
Section 2955 - Scrap Value Calculation
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Division shall survey processors to determine statewide weighted average scrap values paid for each beverage container material type (in the case of plastic, for each resin code type) on a monthly basis.
(b) The Division shall calculate the statewide weighted average scrap value using a statistically significant survey of the processors pursuant to paragraph (a).
(c) The statewide weighted average scrap value shall be equal to the quotient of the total net payment by the sampled processors to nonaffiliated recyclers divided by the total volume of beverage container material types purchased by the sampled processors from nonaffiliated recyclers, excluding beverage container material types processors receive in a form mixed with other beverage container material types and/or material types not covered by the Act.
(d) The scrap values reported in (c) above will then be used to determine a per container statewide weighted average scrap value for each container type.
(e) The Division may periodically sample and review processors' individual scrap purchases to verify the accuracy of the aggregated weights and aggregated net payments reported on the monthly Scrap Value Purchases Survey Form DOR - SV (10/00). The review may include examination of the records maintained by a sample of the selling entities.
(f) If, through this review the Division determines that either or both of the sampled weights and sampled net payments reported by a processor differ by more than ten percent (.10) from those recorded by the sellers, the Division shall adjust the reported aggregate weights or aggregate net payments or both to reflect the discovered difference.
1. Renumbering and amendment of former section 2955 to section 2655, and renumbering and amendment of former sections 2820 and 2825 to section 2955 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Repealer of subsection (a) and subsection relettering, amendment of newly designated subsections (a)-(d), new subsections (e) and (f), and new Form DC DOR 12-92 filed 12-30-92 as an emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-29-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-30-92 order including amendments transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
4. Amendment of subsection (c) filed 1-3-94 as an emergency pursuant to Public Resources Code section 14581.5(e)(2); operative 1-3-94 (Register 94, No.1). A Certificate of Compliance must be transmitted to OAL by 7-2-94 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (c) refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-26-94 order transmitted to OAL 8-22-94 with amendment of subsections (c) and (e) and filed 9-28-94 (Register 94, No. 39).
7. Amendment of subsections (a) and (e), NOTE and forms filed 2-27-95 as an emergency; operative 2-27-95. A Certificate of Compliance must be transmitted to OAL by 8-26-95 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (a)-(b), (e) and NOTE refiled 8-14-95 as an emergency; operative 8-26-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-22-96 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a), (c), (e) and NOTE filed 12-22-95 as an emergency pursuant to Public Resources Code section 14536.1; operative 1-1-96 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-1-96 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of HISTORY 9 (Register 96, No. 10).
11. Amendment of subsections (a), (c), (e) and NOTE refiled 6-26-96 as an emergency pursuant to Public Resources Code section 14536.1; operative 6-30-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 6-26-96 order, including amendment of subsection (e) and Scrap Value Survey Form, transmitted to OAL 10-22-96 and filed 12-6-96 (Register 96, No. 49).
13. New subsection (c)(1), amendment of subsection (e), new form DOR 6/98 1, and repealer and new form DOR 7/95 2 filed 7-24-98 as an emergency; operative 7-24-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-22-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of HISTORY 13 (Register 98, No. 43).
15. Reinstatement of section as it existed prior to 7-24-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 13).
16. Amendment of section and NOTE, and new form DOR 7/95 2 (Rev. 7/98) filed 4-12-99 as an emergency; operative 4-12-99 (Register 99, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-9-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
17. Strikeout version of DOR 7/95 2 (Rev. 11/95), and a copy of DOR 6/98 2 (Rev. 11/98) filed with the Secretary of State 4-19-99 (Register 99, No. 17).
18. Reinstatement of section as it existed prior to 4-12-99 action by operation of Government Code section 11346.1(f) (Register 99, No. 43).
19. Amendment of subsections (a), (c) and (e), amendment of NOTE, repealer of form DOR 7/95 2, and new form DOR-SV (10/99) filed 12-21-99 as an emergency; operative 1-1-2000 (Register 99, No. 52). Pursuant to Public Resources Code section 14536.1 a Certificate of Compliance must be transmitted to OAL by 6-29-2000 or emergency language will be repealed by operation of law on the following day.
20. Editorial correction of HISTORY 19 (Register 2000, No. 27).
21. Reinstatement of section as it existed prior to 12-21-99 emergency amendment pursuant to Government Code section 11346.1(f) (Register 2000, No. 27).
22. Amendment of subsections (a), (c) and (e), amendment of NOTE, repealer of form DOR 7/95 2, and new form DOR-SV (10/99) filed 7-5-2000 as an emergency; operative 7-5-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536.1 a Certificate of Compliance must be transmitted to OAL by 1-2-2001 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 7-5-2000 order, including further amendment of subsections (a), (c) and (e) and revised form DOR-SV (10/00), transmitted to OAL 12-19-2000 and filed 1-30-2001 (Register 2001, No. 5).
Note: Authority cited: Sections 14530.5(b), 14536 and 14536.1, Public Resources Code. Reference: Sections 14504, 14515.5, 14518.5, 14519.5, 14526, 14538(b)(8), 14539(a)(9), 14575 and 18015, Public Resources Code.
