California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 5 - Division of Recycling
Subchapter 6 - Recycling Centers
Article 2 - Handling Fees
Section 2516 - Eligibility Criteria

Universal Citation: 14 CA Code of Regs 2516

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

(a) In addition to meeting the requirements of Section 14585 of the Act, a recycling center shall meet all of the following criteria for handling fees eligibility on the first day of the calendar month for which they are claimed. A recycling center must be:

(1) certified, operational, and accepting and paying refund value to consumers for all empty beverage container material types; and

(2) located within a convenience zone; and

(3) a "supermarket-site" recycling center as defined in Section 14526.6 of the Act, or a nonprofit convenience zone recycler as defined in Section 14514.7 of the Act, or a rural region recycler as defined in Section 14525.5.1 of the Act; and

(4) the only certified, non-grandfathered recycling center in the convenience zone.

(b) The Division shall inspect each supermarket site, nonprofit convenience zone recycler, or rural region recycler to determine whether such sites satisfy the requirements of this section.

(c) Commencing January 1, 1993, a recycling center, which locates within a convenience zone, thereby causing a preexisting recycling center to become ineligible to receive handling fees, shall never be eligible to receive handling fees in that convenience zone. Such ineligibility shall apply to the parent company, its subsidiaries and affiliates even if the preexisting recycling center ceases to operate within the convenience zone. Such ineligibility shall also apply to the parent, the subsidiaries and the affiliates of any grandfathered recycling center which elects to begin accepting all material types.

(d) A rural region recycler may combine total monthly beverage container purchases from two or more of its convenience zone sites to establish eligibility for a single handling fee payment by submitting the following information monthly in writing:

(1) The certification numbers and addresses of the locations where receipt and/or log transactions are to be combined;

(2) The month and year of the transactions to be combined;

(3) The company name, address, contact person and business phone number, signed and dated by the contact person.

(e) The additional information required in subsection (d) shall be submitted no later than the fifth day of the first month following the reporting month. A rural region recycler that fails to provide this information by the date specified in this subsection shall not be eligible for a single handling fee payment based on combined monthly beverage container purchases from two or more of its convenience zone sites.

(f) A rural region recycler shall submit a separate Handling Fee Application Form (Form DR-14 (1/00)) for each convenience zone site which is combined with one or more convenience zone sites to establish eligibility for a single handling fee payment.

1. New section filed 1-6-93 as an emergency; operative 1-6-93 (Register 93, No. 2). A Certificate of Compliance must be filed 5-6-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-6-93 order, including amendments to subsections (a), (a)(3), (a)(4), (b) and (c) transmitted to OAL 9-3-93 and filed 10-19-93 (Register 93, No. 43).
4. Amendment of article heading filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
5. Amendment of subsections (a)(3) and (b), new subsections (d)-(f), and amendment of NOTE filed 1-21-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-21-2000 (Register 2000, No. 3). This regulatory action is not a statutorily deemed emergency as provided for in Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-22-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a)(3) and (b), new subsections (d)-(f), and amendment of NOTE refiled 5-16-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 5-16-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 9-13-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-16-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
8. Editorial correction of subsection (d)(1) (Register 2004, No. 20).
9. Amendment of subsection (a)(2) filed 10-26-2005; operative 11-25-2005 (Register 2005, No. 43).
10. Amendment of subsection (e) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).

Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14513.4, 14514.7, 14525.5.1, 14526.6, 14552, 14571.8(b), 14572 and 14585, Public Resources Code.

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