California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 5 - Division of Recycling
Subchapter 6 - Recycling Centers
Article 3 - Accounting and Reporting Requirements
Section 2535 - Payments to Consumers, Curbside Programs, Community Service Programs and Dropoff or Collection Programs

Universal Citation: 14 CA Code of Regs 2535

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

(a) Recycling centers shall pay on delivery the refund value for every empty beverage container not donated to the recycling center.

(b) For deliveries to a recycling center, except reverse vending machines:

(1) The consumer has the option of being paid based on count for up to 50 empty beverage containers of each material type.

(2) The recycler may pay based on count for all deliveries of empty beverage containers received from consumers.

(c) Notwithstanding any other provision of this subchapter, recycling centers shall not pay dropoff or collection, community service, and curbside programs more than the relevant commingled rate.

(d) Calculation of Payment.

(1) If the material received from consumers is segregated, as determined by the load inspection required by section 2501 of these regulations, and payment is based upon weight, payment shall be calculated by multiplying the actual weight of the empty beverage containers, by the applicable segregated refund value per pound for the relevant material type.

(2) If the payment is based on the actual number of empty beverage containers, the payment shall be based upon the following:

(A) in the case of recycling centers other than a reverse vending machine, the number of the empty beverage containers, multiplied by the refund value per empty beverage container for the relevant material type and size; or,

(B) in the case of a reverse vending machine, the number of empty beverage containers, multiplied by the refund value per empty beverage container for the relevant material type and size. If the reverse vending machine accepts empty beverage containers in gross, rather than by individual containers, and pays based on weight, the payment shall be based on the applicable refund value per pound rate.

(3) For commingled materials delivered from a dropoff or collection program, community service program or curbside program, payment shall be based on the received weight of the commingled material, excluding the weight of line breakage, rejected and out-of-state material, multiplied by the applicable commingled rate, or the Division's approved individual commingled rate.

(4) For commingled materials delivered from another recycling center, payment shall be based on the received weight of the commingled material, excluding the weight of line breakage, rejected and out-of-state material, multiplied by the applicable commingled rate.

(5) For commingled materials delivered from consumers, payment shall be based on the received weight of the material, multiplied by the applicable commingled rate.

(e) Recycling centers shall have the option to refuse to accept empty beverage containers which, in the opinion of the recycling center, are excessively contaminated with dirt, moisture, or other foreign substances ("shrinkage"). Alternatively, recycling centers may adjust downward the refund value per pound used to calculate payment by the ratio of such substances to empty beverage containers.

(f) A certified recycler shall not pay the refund value to, or claim refund value for any material received from any person, operation or entity who is not certified by the Division, delivering a load of material in excess of 100 pounds of aluminum or plastic beverage containers, or 1,000 pounds of glass beverage containers, per day. This limitation is applicable to all transactions, including those performed pursuant to section 2500(h) of these regulations.

(1) It is a violation of this Section for a recycling center to split loads in excess of the aforementioned weights, or accept during any one day an aggregate total of material in excess of the aforementioned weights from any person not certified by the Division.

1. Renumbering and amendment of former section 2733 to section 2535 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 subsections (e)(1), (e)(3) and (g) and repealer of subsections (g)(1) and (2) and new subsection (g)(1) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of section heading and subsection (g) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsection (e)(3) and NOTE filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-31-94 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (e)(3) and NOTE refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4). A Certificate of Compliance must be transmitted to OAL 5-23-94 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of subsection (e)(3) and NOTE as they existed prior to emergency amendment filed 1-24-94 by operation of Government Code section 11346.1(f) (Register 94, No. 39).
7. Amendment of section heading and text filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
8. New subsection (d), subsection relettering and repealer and new subsections (e)(1) and (e)(3) filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-27-94 order including amendment of subsection (d) transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
10. Amendment of subsection (g) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
11. Repealer of subsections (b) and (c), new subsections (b)-(b)(2), subsection relettering and amendment of newly designated subsection (d)(2) filed 6-28-2004; operative 7-28-2004 (Register 2004, No. 27).
12. Amendment of subsection (d)(3) and new subsections (d)(4)-(5) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
13. Amendment of subsections (f)-(f)(1) and NOTE filed 12-17-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).

Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14552(a), 14572 and 14572.5, Public Resources Code.

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