California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 5 - Division of Recycling
Subchapter 2 - General Requirements
Article 4 - General Accounting Requirements
Section 2085 - Records

Universal Citation: 14 CA Code of Regs 2085

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Any records which persons are required to maintain pursuant to these regulations shall be kept in accordance with the following provisions:

(a) Location of Records.

(1) Records of certified recycling centers and certified processors shall be kept at the business address identified in the application for certification pursuant to section 2045(a)(2) or (a)(6) of these regulations. Records may be moved to and kept at a different location if notice is given to the Division pursuant to subsection (3) below.

(2) Container manufacturers in this state, beverage manufacturers in this state, and distributors shall give the Division notice of the location of their records on or before October 1, 1987. Notice of any change in location, or intent to establish a new location of such records, shall be provided pursuant to subsection (3) below.

(3) Notice shall mean written notice stating the full name of the person; certification number where applicable; complete present and future addresses of the location of the records, and name and phone number of the individuals responsible for such records. Such notice shall be submitted no less than 10 days prior to any change in location or establishment of a new location.

(4) Records of dropoff or collection programs and community service programs shall be kept at the business address identified in the application for certification pursuant to section 2055(a)(1) of these regulations. Records may be moved to and kept at a different location, if notice is given to the Division pursuant to subsection (3) above.

(5) Records of persons importing empty beverage container material, as defined in section 2830 of these regulations, shall be kept at the address of the person preparing the report that is provided in the signature section of the Imported Material Report pursuant to Section 2835(a)(6) of these regulations. Records may be moved to and kept at a different location if notice is given to the Division pursuant to subsection (3) above.

(b) Record Retention Period. Records shall be maintained for at least five years following their preparation.

(c) Suitability for Examination. Any receipt or log records that certified recycling centers other than reverse vending machines are required to maintain pursuant to this chapter shall be original receipt or log records. All records maintained pursuant to this chapter shall be suitable for examination. All records suitable for examination shall be prepared and retained in accordance with all of the following conditions:

(1) records must be legible;

(2) records must be stored at the address identified by the certified operator pursuant to subsection (a)(1), (3) or (4) above;

(3) records must be stored in a secured area where the records are protected from debris, moisture, contamination, hazardous waste, fire and theft;

(4) records shall not be stored in an unprotected area, stored in an outside location, stored in a motor vehicle or stored in a location where the records are likely to become contaminated, damaged or stolen.

(d) If the Department determines that records do not meet the conditions in Section 2085(c), the Department may take disciplinary action against the certificate holder pursuant to Section 14591.2(c) of the Act.

1. Renumbering and amendment of former section 2085 to section 2505, and renumbering and amendment of former section 2603 to section 2085 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. Amendment of subsection (a)(1) and new subsection (a)(5) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Amendment of subsection (a)(1), subsection renumbering, and amendment of subsections (a)(2) and (4) and NOTE filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
4. Amendment of subsections (a)(4) and (c) and new subsections (c)(1)-(d) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
5. New subsection (a)(5) and amendment of NOTE 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 14537, 14538, 14539, 14552, 14595 and 14596, Public Resources Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.