California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 5 - Division of Recycling
Subchapter 9.5 - Pilot Projects
Article 1 - Requirements for Pilot Projects
Section 2766 - Content of Pilot Project Recycler Certification Applications
Universal Citation: 14 CA Code of Regs 2766
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Notwithstanding section 2045 of these regulations, to be considered complete, certification applications must contain all information required in this section.
(b) Certification applications shall contain the following information:
(1) A map of the pilot project area, including intended locations of service.
(2) The name of the authorizing jurisdiction, and the jurisdiction's contact person's name, telephone number, and e-mail address.
(3) A description of how the pilot project recycler will operate.
(4) The name of the organization, program name, the business address, mailing address, e-mail address, website, and telephone number of the organization.
(5) The name of the contact person and the following information about the contact person:
(A) Residential address;
(B) Residential phone number;
(C) Mobile phone number;
(D) E-mail address;
(E) A valid Driver License or Identification Card issued by the State of California, or a United States federal or state government issued photo identification;
(F) Date of birth; and
(G) Social Security Number, on a voluntary basis.
(6) The type of organization that is requesting certification.
(A) If the organization is an individual doing or proposing to do business under a different name, the applicant shall provide a copy of any fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement and any fictitious business name statement.
(C) If the organization is a corporation, the applicant shall provide the corporate number and Articles of Incorporation and name and position of all current corporate officers as filed with the Secretary of State, any fictitious business name statement and the agent for service of process.
(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.
(E) If the organization is a married couple co-ownership, the applicant shall provide both names and any fictitious business name statement.
(F) If the organization is a local government agency, the applicant shall provide a copy of the authorizing resolution from the governing board.
(G) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, any fictitious business name statement, and the agent for service of process.
(H) If the organization is a limited liability company from a state other than California, the applicant shall provide a copy of their certificate from the California Secretary of State authorizing the LLC to transact business in California.
(7) The Federal Tax Identification Number (also known as Employer Identification Number) of the organization.
(8) A history of past and pending certifications requested from the Division.
(9) The organization name, business and mailing addresses, and phone number of the pilot project recycler.
(10) The address(es) of the pilot project recycler's redemption location(s). The name, mailing address, phone number, and e-mail address of the owner or leaseholder, if applicable, of the redemption location(s).
(A) If the applicant owns the property, a current mortgage statement or a current tax bill which specifically identifies the organization name and the redemption location.
(B) If the applicant is leasing, renting, or operating on donated space, a signed copy of a current lease, rental agreement, or written permission from the property owner or leaseholder who has authority to determine use of the specific property, shall be provided.
(C) If the applicant purchased the recycling business, the name of the person(s) from whom it was purchased.
(11) The physical address(es) where empty beverage containers will be inspected or stored. The name, mailing address, phone number, and e-mail address of the owner or leaseholder, if applicable, of the inspection or storage location(s).
(A) If the applicant owns the property, a current mortgage statement or a current tax bill which specifically identifies the organization name and the inspection or storage location.
(B) If the applicant is leasing, renting, or operating on donated space, a signed copy of a current lease, rental agreement, or written permission from the property owner or leaseholder who has authority to determine use of the specific property, shall be provided.
(C) If the applicant purchased the recycling business, the name of the person(s) from whom it was purchased.
(12) Pilot project recyclers shall provide the actual days and hours open for business at each location.
(A) For pilot project recyclers that are staffed, the actual days and hours shall be those days and hours where staff are scheduled to be present and do not include lunch breaks.
(B) For pilot project recyclers that are unstaffed, the actual days and hours shall be the days and hours when the pilot project recycler accepts material.
(13) Acknowledgment that the organization agrees to accept and redeem all types of redeemable beverage containers.
(14) The name, residence address, including city and zip code, and residence phone number of the applicant. Pilot project recyclers operated by governmental agencies are exempt from this provision.
(15) For an organization seeking certification of a pilot project recycler that will redeem, store, or inspect material on federal or tribal land, a written authorization from an authorized agent of the federal or tribal government which will allow the Division to enter the federal or tribal property for the purposes of conducting audits and unannounced inspections of the pilot project recycler pursuant to section 2125 of these regulations.
(16) The application voucher number and the name of the person on the application voucher.
(c) The application shall be submitted on a form provided by the Division and signed by the applicant under penalty of perjury. The signature block shall contain an affidavit that the information in the application is true and that the organization agrees to operate in compliance with the Act and these regulations.
(1) If the organization is a partnership, the application shall be signed by each partner.
(2) If the organization is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind said entity to a contract.
(3) If the organization is owned by a married couple, the application shall be signed by each spouse.
(4) If the organization is a limited liability company, the application shall be signed by a managing member, Executive Officer, or other designated member with the authority to legally bind the limited liability company to a contract.
(5) Any individual signing the certification application shall provide a valid Driver License or Identification Card issued by the State of California, or a United States federal or state government issued photo identification of the individual for identification purposes. Applicants that are governmental agencies are exempt from this provision.
(6) The applicant shall provide the following:
(A) E-mail address of the applicant; and
(B) Mobile phone number of the applicant.
(d) Pilot project operator applicants shall provide written authorization from the jurisdiction where the pilot project recycler intends to operate. The authorization shall state that the jurisdiction approves both the operator and the operator's proposed method of operation. The authorization shall be on jurisdiction letterhead.
(e) The applicant shall prepare and submit with the certification application an Operational Plan which shall explain how the operator will operate the pilot project recycler.
(1) The Operational Plan shall contain at a minimum the following information:
(A) All responsible parties and managing employees and their roles in the pilot project recycler.
(B) Method used to collect and store empty beverage containers, including how odd-sized containers will be redeemed.
(C) The types of equipment and/or receptacles used.
(D) A description of how the pilot project recycler will be staffed including the number of staff and their roles.
(E) How line breakage, scrap, out-of-state, previously baled containers or otherwise ineligible material will be identified and handled.
(F) How customer complaints, such as non-payment or underpayment, will be addressed by the pilot project operator or jurisdiction.
(G) A list of electronic methods used to communicate with customers including any websites or smartphone applications. If using smartphone applications, specify the names of the platforms used and distribution methods for the application.
(H) The method of payment, including a detailed description for all non-cash forms of payment. For any payments that occur at a time other than when the material is delivered by the consumer, the applicant shall provide the timeframe in which consumers will be paid.
(I) For pilot project recyclers that inspect or weigh material at a time or location other than when or where the material is delivered by the consumer, any proposed fees for bags, boxes or similar receptacles, if applicable, or of any transaction fees.
(J) A description of how customer material is uniquely identified for pick up service or drop service collection methods.
(K) A description of how the pilot project recycler will comply with the following operational standards regarding:
1. Daily purchase limits as described in section 2768(e);
2. Ineligible material; and
3. Redemption solely within the approved pilot project area.
(L) For pilot project recyclers that inspect or weigh material at a time or location other than when or where the material is delivered by the consumer, a description of how opened bags, unmarked bags or loose containers will be handled by the operator.
(f) In addition, pilot project recyclers offering a mobile service must provide the following information:
(1) A valid Driver License issued by the State of California, or a valid United States federal or state government issued Driver License;
(2) Mobile phone number of each driver who will pick up or transport materials; and
(3) If available, the make, model, year, registered owner, and license plate number for each vehicle used to pick up or transport materials.
1. New section filed 4-2-2019 as an emergency; operative 4-2-2019 (Register 2019, No. 14). Pursuant to Public Resources Code section 14571.9(k), this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2022 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is amended or repealed by the Department prior to that date, whichever occurs sooner.
2. New section refiled 2-4-2022 as an emergency, including amendment of subsections (b)(10)(B), (b)(11)(B) and (e)(1)(K)3. and amendment of NOTE; operative 2-4-2022 (Register 2022, No. 5). Pursuant to Public Resources Code section 14571.9(j), this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2027 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is amended or repealed by the Department prior to that date, whichever occurs sooner.
Note: Authority cited: Sections 14530.5(b), 14536(b) and 14571.9(j), Public Resources Code. Reference: Section 14571.9, Public Resources Code.
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