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 2518 - Calculations and Payments

Universal Citation: 14 CA Code of Regs 2518

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

(a) The Division shall determine handling fee payments for a recycling center meeting the requirements of Section 14585 of the Act and Section 2516, above, based on data contained in the Handling Fee Application Form (Form DR-14 (1/00)) by performing the following calculations:

(1) The reported redemption weights shall be converted to number of empty beverage containers using the Division's statewide average containers-per-pound rate for each material type, and pursuant to Subsection 14585(e) of the Act.

(2) The total number of empty beverage containers for the calendar month shall be calculated by summing the number of empty aluminum, glass, plastic and bimetal beverage containers. If the total number of empty beverage containers is less than the minimum number required by Section 14585(a)(2)(A) of the Act, the recycling center is not eligible for handling fees for that calendar month.

(3) The Division shall determine the number of empty beverage containers eligible for handling fees pursuant to Subsection 14585(a)(4) of the Act.

(4) On and after July 1, 2008, the Department shall pay a handling fee per eligible beverage container as determined by the handling fee cost survey required by Section 14585(f) of the Act.

(b) Prior to release of handling fees for each month during which a recycling center is eligible, the Division may determine that such fees should be withheld for any of the following reasons:

(1) The Division has prevailed against the recycler in a civil or administrative action and money is owed to the Division as a result of the action.

(2) The Division determines, based on information contained in the shipping reports filed pursuant to Section 2530 of Article 3 of Subchapter 6, that the recycler has received handling fees for materials which were not redeemed for refund value and such discrepancies between reported redemption weights and shipping weights are more than two and one-half percent.

1. New section filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
2. Change without regulatory effect amending section and NOTE filed 7-13-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 28).
3. Change without regulatory effect amending subsections (a)-(a)(3) and (a)(4)(A) and NOTE filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
4. Amendment of subsections (a), (a)(2) and (a)(4)(A)-(B) 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.
5. Amendment of subsections (a) and (a)(4)(A)-(B) 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.
6. Certificate of Compliance as to 5-16-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
7. Change without regulatory effect amending subsection (a)(2) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
8. Amendment of subsections (a)(1)-(2), repealer and new subsection (a)(4) and repealer of subsections (a)(4)(A)-(B) filed 2-5-2007 as an emergency pursuant to Public Resources Code section 14536(b); operative 2-5-2007 (Register 2007, No. 6). Pursuant to Public Resources Code section 14536(b)(2), the emergency amendments remain in effect until revised by the director of the Department of Conservation.
9. Certificate of Compliance as to 2-5-2007 order transmitted to OAL 11-21-2007 and filed 12-26-2007 (Register 2007, No. 52).

Note: Authority cited: Sections 14530.5, 14536 and 14552(e), Public Resources Code. Reference: Sections 14504, 14526.6 and 14585, Public Resources Code.

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