Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) With the exception of recycling centers which meet the criteria for grandfathering, all certified recycling centers shall operate in accordance with all of the following requirements:
(1) Recycling centers certified by the Division shall begin operation within sixty (60) calendar days of approval of the certification. Failure to begin operating within sixty (60) calendar days shall result in invalidation of the certification by the Division.
(2) The recycling center shall accept from customers all of the following:
(A) All types of redeemable beverage containers; and
(B) With the exception of reverse vending machines, refillable beer and malt beverage containers.
(3) The recycling center shall make all payments in accordance with section 2535 of these regulations.
(4) Unless an exception is provided for elsewhere in this Chapter, each certified recycling center shall be open for business during the following hours:
(A) At least thirty (30) hours per week, and
(B) At least five (5) hours per week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday; and
(C) Up to fifteen (15) hours each week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday if the Division, subsequent to a public hearing, determines that it is necessary to further the recycling goals specified in Section 14501 of the Act. In making its determination, the Division shall consider, but not be limited to, the following:
1. Convenience to the public,
2. Alternative recycling opportunities available to the public, and
3. If the Division has received three or more complaints against the certified recycling center regarding its operating hours outside of 9:00 a.m. to 5:00 p.m., Monday through Friday.
(b) A recycling center which is staffed and is not a reverse vending machine shall have an employee present during its posted hours and shall display a sign having a minimum size of two feet by two feet (576 square inches) informing the public that the recycling center is open for business. Where local zoning or ordinance restricts the size of the sign to less than two feet by two feet, the sign shall be the maximum size allowable. Where the physical location of the posted sign restricts the size of the sign, a sign varying from the specifications contained in this section may be posted if requested in writing and approved in writing by the Division. The sign shall contain, at a minimum, the word "OPEN" in lettering at least 10 inches in height.
(1) If the recycling center consists of dropoff receptacles with refund value payment occurring elsewhere on the property, the operator of the recycling center shall take the following actions:
(A) A sign shall be placed on or at the front of the receptacles with lettering of at least 3/8 inch in height which informs the customer that all types of empty beverage containers will be accepted and redeemed at all open check-out stands, or exactly where on the property the customer may redeem the beverage containers.
(B) A person shall be present during the hours posted at the recycling center to inspect the empty beverage containers pursuant to Article 3 of this subchapter and pay customers the refund value.
(C) A sign shall be posted during the hours open for business at the designated area where the public may redeem beverage containers. The sign shall contain, at a minimum, the words "OPEN" and "RECYCLING CENTER." The word "OPEN" shall consist of lettering at least 10 inches in height. The words "RECYCLING CENTER" shall be on a separate line and consist of lettering at least 3 1/2 inches in height.
(c) An operator of a recycling center who does not accept all types of redeemable beverage containers may continue to do so and shall be certified as a recycling center, provided all of the following conditions are met:
(1) The recycling center was operating in the same location on January 1, 1986, or if it is a reverse vending machine, the machine was operational on January 1, 1986;
(2) The recycling center did not accept all types of redeemable beverage containers at the same location as of January 1, 1986;
(3) The recycling center continues to redeem, at a minimum, those beverage containers it accepted at the same location as of January 1, 1986; and
(d) A recycling center which meets the criteria to be grandfathered shall make payments in accordance with section 2535 of these regulations.
(e) Each certified recycling center which does not utilize a reverse vending machine shall post the following near the certification sign provided by the Division and in a conspicuous location which can be easily seen by the public:
(1) A legible sign indicating its hours of operation; and
(2) A refund price sign indicating the prices paid by weight or per container and by material type (i.e. aluminum, glass, plastic or bimetal). A refund price sign shall meet the following specifications:
(A) Dimensions. The sign shall be two feet by two feet (576 square inches).
(B) Content. In addition to the prices paid as required in subsection (e)(2) above, the sign shall contain, at a minimum, the statements as indicated in Figure 9. A refund price sign varying from the specifications of this section may be posted if requested in writing and approved in writing by the Division.
* Refund is not paid for packaging, contamination such as dirt or moisture, nor beverage containers not properly labeled with the California redemption value message.
* This recycler will discount the refund value, and may discount scrap value for loads of containers which include nonredemption material.
* The consumer has the right to:
a. Accept a discounted refund and/or scrap price.
b. Separate refund from nonrefund material.
c. Take material back.
Figure 9.
(f) Each certified recycling center utilizing a reverse vending machine shall post the following on each machine near the certification sign provided by the Division:
(1) A legible sign indicating its hours of operation, and
(2) A refund price sign or decal indicating the prices paid by weight or per container for each material type accepted by that reverse vending machine. The refund price sign or decal shall be at a minimum 15 square inches with lettering of at least 3/8 inch in height. A refund price sign or decal not meeting the requirements of this section may be posted if requested in writing and approved in writing by the Division.
(3) A sign which specifies the method approved by the Division for redeeming empty beverage containers which are odd-sized, made of materials other than aluminum, glass or plastic, or otherwise not accepted by the reverse vending machine or if the reverse vending machine is out of order. If in-store redemption is the alternative method, a sign which is at a minimum 120 square inches with lettering of at least 1/2 inch in height shall be posted which specifies that containers will be redeemed at all open cash registers or the sign must designate exactly where redemption will occur.
(A) If beverage containers are not redeemed at all open registers, a sign shall be posted where refund value payment occurs within the store. The sign shall contain, at a minimum, the words "Redeem CA beverage containers here", and consist of lettering at least 3 inches in height.
(g) The operator of a certified recycling center shall maintain records and submit reports regarding redemption activities in compliance with Article 3 of this subchapter.
(h) Notwithstanding section 2060(e) of these regulations, if all of the requirements of section 2525(k) are met, a certified recycling center may collect, and pay refund value for, empty beverage containers at a church, school, business where beverages are consumed, or other community service organization.
1. Renumbering and amendment of former section 2500 to section 2000, and renumbering and amendment of former section 2080 to section 2500 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 filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (a), (d) and (f)(2)(B) and new subsection (h) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsection (a)(4), repealer of subsections (c)(4) and (d) and subsection relettering, and amendment of newly designated subsection (e)(2)(B) filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
5. Amendment of subchapter heading and section filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
6. Amendment of subsection (f)(3) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
7. Amendment of Figure 9. filed 12-3-2002; operative 1-2-2003 (Register 2002, No. 49).
8. Change without regulatory effect amending subsection (e)(2)(B) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
9. Governor Newsom issued Executive Order N-54-20 (2019 CA EO 54-20), dated April 22, 2020, which suspended certain minimum hour and time of operation requirements for recycling centers, due to the COVID-19 pandemic.
Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14501(i), 14515.6, 14538, 14571, 14571.3, 14572(a), (b) and (c) and 14572.5, Public Resources Code.
