Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For the purposes of this Chapter, the following shall apply:
(1) "Act" or "the Act" means the Electronic Waste Recycling Act of 2003 (Senate Bill 20, Chapter 526, Statutes of 2003), as amended.
(2) "Approved Collector" means an authorized collector as defined in Section 42463(b) of the Public Resources Code who applies to CalRecycle for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recovery payments from approved recyclers.
(3) "Approved Dual Entity" means an entity that is both an "approved collector" and an "approved recycler" as defined in this Section.
(4) "Approved Recycler" means a "covered electronic waste recycler" as defined in Section 42463(j) of the Public Resources Code who applies to CalRecycle for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recycling payments from CalRecycle.
(5) "Bare CRT" means a Cathode Ray Tube with the vacuum relieved and the yoke removed that has been separated from the device housing and has had all circuit boards, wiring and other components detached from the tube.
(6) "Bare Panel" means an LCD, plasma, or other non-CRT video display panel that has been separated from the device housing and has had all circuit boards, lamps, wiring and other components detached from the panel. Lamps may remain affixed to an otherwise bare panel only if they cannot be removed without breaking.
(7) "Cancellation" means a processing or treatment method that qualifies CEWs for recycling payments, removes the CEWs from the payment system eliminating the possibility of double payments, dismantles or destroys the original CEW, and results in treatment residuals as specified in Section 18660.32 of this Chapter.
(8) "Claim Activity Period" means the span of time during which an approved recycler received CEWs from approved collectors, processed and cancelled CEWs, and shipped treatment residuals, as required, that results in a recycling payment claim being submitted to CalRecycle.
(9) "CRT" means a Cathode Ray Tube with the yoke still attached that has been separated from a CRT device.
(10) "CRT device" means a whole covered electronic device containing a Cathode Ray Tube.
(11) "California Source" means persons, as defined in Section 42463(r) of the Public Resources Code, located in California who generate CEWs after their own use of a CED. Persons who receive, accumulate, consolidate, store, or otherwise handle discarded, donated or collected CEWs are not the California sources of those CEWs.
(12) "CalRecycle" means the Department of Resources Recycling and Recovery.
(13) "Collection log" means a record maintained by an approved collector that records CEW collection activities as specified in Section 18660.20(j) of this Chapter.
(14) "Collective Report" means a report submitted to CalRecycle through a trade association, a group of associations, or other organization that represents more than one manufacturer.
(15) "Commingled" means mixed together and impossible to economically or practically separate.
(16) "Covered Electronic Device" or "CED", through and including December 31, 2024, has the same meaning, for the purposes of this Chapter, as a covered electronic device specified in Section 42463(g)(1)(A) of the Public Resources Code.
(17) "Covered Electronic Waste" or "CEW", through and including December 31, 2024, means a discarded device that DTSC has determined to be a covered electronic device, as specified by Section 42463(g)(1)(A) of the Public Resources Code.
(18) "Designated Approved Collector" means an approved collector, as defined in subsection (a)(2) of this section, that has been designated by a California Local Government to provide CEW collection services for or on behalf of the Local Government in accordance with Article 7 of this Chapter.
(19) "DTSC" means the Department of Toxic Substances Control.
(20) "Further treat" means, for the purposes of this Chapter, activities such as crushing, size reduction, washing, cleaning, smelting, or similar steps taken to process the treatment residual and alter its physical form or characteristics. "Further treat" does not mean, for the purposes of this Chapter, receiving, storing, accumulating, consolidating, brokering, shipping, disposing or other similar activities that do not alter the physical form or characteristics of the treatment residual.
(21) "Handler", for the purposes of this Chapter, has the same meaning as a universal waste handler or CRT material handler, as applicable, as defined in Section of Title 2266273.9 of Title 22 of the California Code of Regulations.
(22) "Illegal Disposal" means, for the purposes of this Chapter, the disposal or placement of CEWs on a property without the permission of the owner(s) of, or responsible party(ies) for, the property.
(23) "Initial Destination" means, for the purposes of this Chapter, the location(s) to which treatment residuals are initially shipped by an approved recycler.
(24) "Load" means a single transfer (a pick up or delivery) of CEWs, such as from a California source to a collector or from a collector to a recycler.
(25) "Load Check Activities" means, for the purposes of this Chapter, the efforts made to identify, retrieve and divert from the disposed solid waste stream those CEWs that have been illegally discarded by generators. "Load Check Activities" do not include the rejection or acceptance of CEWs due to the lack of source documentation.
(26) "Manufacturer Payment" or "Manufacturer Take Back Payment" means a payment made by CalRecycle to a registered manufacturer that takes back covered electronic wastes (CEWs) from a California source for the purposes of recycling the CEW pursuant to Section 42476(h) of the Public Resources Code.
(27) "Manufacturer Payment Claim" means a registered manufacturer's request submitted to CalRecycle with all required documentation for a manufacturer payment.
(28) "Manufacturer Take Back" means a program administered by a registered manufacturer that accepts CEWs from California sources for the purposes of recycling.
(29) "PBBs" mean Polybrominated Biphenyls.
(30) "Processing log" means a record maintained by an approved recycler that records CEW activities associated with CEW cancellation, such as but not limited to weighing and dismantling, as specified in Section 18660.21(b) of this Chapter.
(31) "Product Category", through and including December 31, 2024, means the types of covered electronic devices as defined in Section 42463(g)(1)(A) of the Public Resources Code. These categories include, but are not limited to, the following:
(A) Cathode Ray Tubes (CRTs) devices used in televisions,
(B) CRTs devices used in monitors,
(C) Liquid Crystal Display (LCD) monitors,
(D) Laptop computers containing LCD screens,
(E) LCD televisions,
(F) Plasma display televisions, and
(G) Other video display devices as specified by the DTSC pursuant to Section 25214.10.1(b) of the Health and Safety Code.
(32) "Proof of Approval" means the status of an approved collector or approved recycler, as portrayed on the CalRecycle website. The Proof of Approval is associated with an unique identification number issued by CalRecycle to identify a collector or recycler as being approved pursuant to this Chapter.
(33) "Proof of Designation" means a document issued by a California Local Government to a Designated Approved Collector in accordance with Article 7 of this Chapter.
(34) "Receiving log" means a record maintained by an approved recycler that documents CEW transfers from approved collectors to the approved recycler.
(35) "Recovery payment" means the payment made by an approved recycler to an approved collector in exchange for the transfer of CEWs pursuant to Section 42477 of the Public Resources Code.
(36) "Recovery payment request" means an approved collector's request for recovery payment made to an approved recycler accompanying the transfer of CEWs.
(37) "Recycling payment" means the payment made by CalRecycle to an approved recycler that includes a recovery component related to recycler payments to collectors pursuant to Section 42477 of the Public Resources Code and a recycling component for CEW cancellation pursuant to Section 42478 of the Public Resources Code.
(38) "Recycling payment claim" means an approved recycler's claim that includes all required documentation submitted to CalRecycle for recycling payments for cancelled CEWs.
(39) "Registered Manufacturer" means a manufacturer as defined in Section 42463(q) of the Public Resources Code who registers with CalRecycle pursuant to this Chapter and therefore may be eligible for manufacturer payments from CalRecycle.
(40) "Source-anonymous CEWs" means CEWs whose originating California source cannot be identified in collection log information required pursuant to Section 18660.20(j)(1)(B) of this Chapter.
(41) "Source documentation" means collection logs and other information developed, maintained and transferred pursuant to Section 18660.20(h) of this Chapter that demonstrates the eligibility, originating generator or intermediate handlers of collected CEWs as applicable.
(42) "Standard Statewide Recovery Payment Rate" means the amount paid to an approved collector per pound of CEWs transferred to an approved recycler to cover the cost of collection, consolidation and transportation of CEWs as established pursuant to Section 42477 of the Public Resources Code.
(43) "Standard Statewide Combined Recycling and Recovery Payment Rates" means the amount paid to an approved recycler per pound of CEWs cancelled and claimed to cover the cost of receiving, processing and recycling CEWs as established pursuant to Section 42478 of the Public Resources Code, and making recovery payments to approved collectors.
(44) "Transfer" or "Transferred" means physically changing possession of CEWs, such as a transfer from a California source to a collector or from a collector to a recycler.
(45) "Transfer documentation" means, for the purposes of this Chapter, records or receipts that record the transfer of CEWs from an approved collector to an approved recycler, which include the weight, number, and source of the transferred CEWs, and the date(s) of transfer.
(46) "Treatment Residuals" means any material resulting from the dismantling or treatment of a CEW. Treatment residuals are not considered CEWs and are not eligible for recovery or recycling payment, however the costs or revenues associated with managing treatment residuals shall be factored into the net cost of recycling CEW. Treatment residuals may be used to demonstrate the processing of CEWs, and documentation demonstrating the subsequent movement or ultimate disposition of the treatment residuals may be required as part of the claim for payment submitted by an approved recycler.
(47) "Ultimate disposition" means, for the purposes of this Chapter, the consumption of a treatment residual into a manufacturing process or the disposal of a treatment residual at a permitted disposal facility. Storage of a treatment residual at a site of generation or at an intermediate facility, or accumulation of a treatment residual at a location prior to consuming or disposing, is not ultimate disposition.
1. New Chapter 8.2 (articles 1-5), article 1 (section 18660.5) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new Chapter 8.2 (articles 1-5), article 1 (section 18660.5) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (a)(16), (a)(19), (a)(21), (a)(25), (a)(29) and (a)(35) and subsection renumbering filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
5. Change without regulatory effect amending subsections (a)(2) and (a)(4), repealing subsection (a)(7), renumbering subsections and amending newly designated subsections (a)(8), (a)(11)-(12), (a)(14), (a)(16)-(17), (a)(22), (a)(26)-(27), (a)(31), (a)(31)(G), (a)(32) and (a)(37)-(39) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
6. Amendment of subsections (a)(21), (a)(29), (a)(33)(C) and (a)(46) and new subsection (a)(47) filed 8-21-2015 as an emergency; operative 8-21-2015 (Register 2015, No. 34). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2017 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.
7. Amendment of subsections (a)(18) and (a)(33) and repealer of subsections (a)(33)(A)-(G) filed 3-16-2017 as an emergency; operative 3-16-2017 (Register 2017, No. 11). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-16-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.
8. Amendment of subsections (a)(21), (a)(29), (a)(33)(C) and (a)(46) and new subsection (a)(47) refiled 8-1-2017 as an emergency; operative 8-21-2017 (Register 2017, No. 31). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.
9. Amendment of subsection (a)(43) filed 5-9-2018 as an emergency; operative 5-9-2018 (Register 2018, No. 19). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 5-9-2020 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.
10. Certificate of Compliance as to 8-1-2017 order, including amendment of section, transmitted to OAL 8-3-2018 and filed 9-17-2018; amendments effective 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
11. Amendment of subsections (a)(18) and (a)(33) and repealer of subsections (a)(33)(A)-(G) refiled 3-5-2019 as an emergency; operative 3-17-2019 (Register 2019, No. 10). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-17-2021 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.
12. Amendment of subsection (a)(43), filed 3-24-2020 as an emergency; operative 5-10-2020 (Register 2020, No. 13). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 5-10-2022 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.
13. Certificate of Compliance as to 3-5-2019 order, including further amendment of subsection (a)(18), transmitted to OAL 5-21-2020 and filed 7-3-2020; amendments operative 10-1-2020 (Register 2020, No. 27).
14. Certificate of Compliance as to 3-24-2020 order transmitted to OAL 2-22-2022 and filed 4-6-2022 pursuant to Public Resources Code section 42475.2(b) (Register 2022, No. 14).
15. Change without regulatory effect amending subsections (a)(4), (a)(11), (a)(16)-(17), (a)(26), (a)(31) and (a)(39) filed 4-17-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 16).
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463, 42465.2, 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
