Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Operators of community service programs shall be paid the applicable statewide average commingled rate, determined by the Division, for commingled beverage container material types, unless the Division approves an individual commingled rate for their program. Individual commingled rates may be approved for one or more material-types which have an existing statewide commingled rate. Operators of community service programs who wish to apply for an individual commingled rate shall submit a completed Individual Commingled Rate Application (ICRS-APP (07/00)) in the form and manner required by this section. The applicant shall request approval to conduct an individual commingled rate survey using either the Division's individual commingled rate methodology, specified in subsection (c), or an alternative methodology submitted by the applicant. An operator of a community service program shall conduct surveys on each day the program operates during a one week period. A total of six weekly surveys shall be conducted on a bimonthly basis beginning in October and ending no later than the second full week of the following September. Individual commingled rates that are approved by the Division, shall be effective from January 1 through December 31 of the year following the survey period.
(a) At least 60 days prior to the commencement of the surveys, which begin in October, the Division shall notify operators of community service programs of the opportunity to perform an individual commingled rate survey. An operator of a community service program wishing to conduct an individual commingled rate survey shall contact the Division to obtain the Individual Commingled Rate Application (ICRS-APP (07/00)).
(b) The Individual Commingled Rate Application (ICRS-APP (07/00)) must be completed and submitted to the Division no later than September 1st. To be considered complete, the survey application shall contain the following information:
(1) The organization name and, if applicable, a copy of any fictitious business name statement being used.
(2) The operator contact person's name, title, phone number, facsimile number, mailing address, and business address.
(3) The survey location address and city, and a brief site description.
(4) The survey technician's name and phone number.
(5) A selection of either the Division's survey methodology in subsection (c) or an alternative proposed methodology to be submitted by the applicant.
(6) The identification of material-types selected to be surveyed, the sample size, and daily sample size for each selected material.
(7) The dates of survey weeks and the number of days for specified sample periods.
(8) The specific time of the day in which surveys will be conducted.
(9) The program category of the certified program to be surveyed.
(10) The certification number of the program to be surveyed.
(11) The source of material for the certified program to be surveyed.
(12) The number of municipalities served by the certified program to be surveyed, if any.
(13) The number of customer sites from which survey material is to be collected by the certified program.
(14) The frequency that collected material is sold.
(15) A brief description of the certified program.
(16) Declarations and signatures of applicant.
(c) The Division's suggested methodology requires the following:
(1) The program shall determine the annual survey sample size for each material type based on the chart below.
| Annual Survey Sample Size |
| Aluminum | 6600 |
| Glass | 4500 |
| Plastic (all resins) | 3000 |
(2) Upon determining the annual survey sample size, the program shall calculate the daily sample size by dividing the annual survey sample size, specified in the chart above, by the total number of days the survey will be conducted during the entire annual survey. Once the daily sample size is determined for each material type, this will remain the daily sample size throughout the entire annual survey period for that material type.
(3) Surveys shall be conducted for one regular workweek during each two-month sample period at pre-established dates, times, and places as indicated on the Individual Commingled Rate Application (ICRS-APP (07/00)) submitted to the Division. Surveys shall not be scheduled for weeks containing holidays or other days the program is not in operation, and shall be equally distributed throughout the survey period.
(4) Daily samples shall be collected on a random basis from the material which has been received exclusively from programs approved for the survey. Only whole containers may be surveyed.
(5) Upon selection and removal of containers for the daily sample, the applicant shall perform a complete sample analysis of counting, sorting, and weighing containers.
In performing a sample analysis, weight shall be measured, recorded, and reported in pounds and fractions thereof. All weighing in this state shall be done on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) and any applicable regulations thereunder.
(6) The results of the sample analysis shall be legibly, accurately, and completely recorded on the Daily Data Collection Sheet (DDCS (07/00)), which shall contain the following information:
(A) The year the rate will be effective.
(B) The two-month sample period in which each one-week survey is conducted.
(C) The program name.
(D) The survey day and date.
(E) The certification and/or registration numbers.
(F) Identification of the material type surveyed.
(G) The total quantity of containers surveyed, and their total weight.
(H) The quantity and weight of CRV containers surveyed that have a volume less than 24 ounces.
(I) The quantity and weight of CRV containers surveyed that have a volume of 24 ounces or more.
(J) The quantity and weight of non-CRV containers surveyed.
(K) The daily totals for each column.
(7) At the conclusion of each weekly survey, the applicant shall complete a Weekly Summary Sheet (WSS (07/00)) which shall contain the following information:
(A) The year the rate will be effective.
(B) The two-month sample period of the weekly survey
(C) The program name.
(D) The survey week by dates.
(E) The certification and/or registration numbers.
(F) Identification of the material type surveyed.
(G) The survey date summarized on that line.
(H) The total quantity of containers surveyed on that date, and their total weight.
(I) The quantity and weight of CRV containers surveyed on that date that have a volume less than 24 ounces.
(J) The quantity and weight of CRV containers surveyed on that date that have a volume of 24 ounces or more.
(K) The quantity and weight of non-CRV containers surveyed on that date.
(L) The weekly totals for each column.
(8) The completed original Daily Data Collection Sheet, and the Weekly Summary Sheet shall be confirmed to be complete, accurate, and consistent with the methodology approved for that program and shall be submitted to the Division for review, verification, and approval at the conclusion of each two-month survey period and must be submitted no later than the 15th day of the month following the survey period.
(9) At the conclusion of the annual survey period, the applicant shall submit an Affidavit (AFD (07/00)) to confirm that all information is complete, accurate, and consistent with the methodology approved for that program.
(d) Community service programs proposing to alter the Division's methodology or create their own alternative methodology must apply for Division approval, in advance, pursuant to section 2725 of these regulations. A proposed alternative methodology must equal the Division's methodology in the accuracy of estimation and level of confidence in the estimation. The alternative methodology must be described in adequate detail to determine the accuracy of estimation and level of confidence in the estimation.
(e) Determination by the Division that a program has deviated from an approved methodology, demonstrated a significant lack of quality control, or misrepresented their survey results shall result in the termination of the individual commingled rate survey and/or disapproval or revocation of the individual commingled rate and a reversion to the statewide average commingled rate. The Division's adverse action may be appealed pursuant to section 2745 of these regulations.
(1) A significant lack of quality control is demonstrated when five (5) percent or more of the sample data submitted by an applicant is found to be incorrect by the Division, and is deleted from the survey pursuant to Section 2720(e)(3) below because of the following:
(A) The cumulative weight of all components of a sample deviates by more than an acceptable range of accuracy, as defined in Section 2720(e)(2) below, from the total sample taken for that material type and/or
(B) The cumulative count of containers from all components of a sample does not equal the total sample count for that material type.
(2) An acceptable range of accuracy, applicable to Section 2720(e)(1)(A) above, is the smallest variance or increment of accuracy of the applicant's scale multiplied by 2.0.
(3) The Division, upon its sole discretion, may delete incorrect data samples.
(f) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such disapproval within thirty (30) calendar days of the determination that a program has deviated from an approved methodology, demonstrated a lack of quality control, or misrepresented survey results.
1. New section 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. For prior history, see Register 91, No. 46.
2. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
3. Amendment filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Amendment of subsection (c)(8) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14520 and 14552(a), Public Resources Code.
