Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Limitations on the types of CEWs eligible for payments:
(1) An approved collector may request recovery payment only for the types of CEWs specified by DTSC that are transferred to an approved recycler by the collector.
(2) An approved recycler may claim recycling payment only for the types of CEWs specified by DTSC that are received from an approved collector and are cancelled by the recycler.
(3) A registered manufacturer may claim manufacturer payment only for the types of CEWs specified by DTSC that the manufacturer takes back for recycling.
(b) Limitations on the timeframes eligible for payments:
(1) An approved collector, an approved recycler, or a registered manufacturer shall not receive payment for any CEWs transferred from a California source before January 1, 2005.
(2) An approved collector shall not request recovery payments from recyclers for transfers that occur prior to the approval of the collector's application by CalRecycle.
(3) An approved recycler shall not claim recycling payments from CalRecycle for CEWs cancelled prior to the approval of the recycler's application by CalRecycle.
(4) A registered manufacturer shall not claim manufacturer payments from CalRecycle for recycling that occurs prior to the manufacturer's registration with CalRecycle.
(c) Limitations on the Sources of CEWs and CEWs eligible for payments:
(1) Only CEWs resulting from a California source are eligible for recovery, recycling, or manufacturer payments.
(2) CEWs owned by a person in California, but used entirely outside of California are not eligible for payments.
(3) Source-anonymous CEWs, documented pursuant to Section 18660.20(j)(1)(E) of this Chapter, are eligible for recovery and recycling payments if:
(A) The source-anonymous CEWs result from load check activities as defined in Section 18660.5(a)(25) conducted at permitted solid waste facilities whose operator is an approved collector or, if not an approved collector, the source-anonymous CEWs are directly transferred from the permitted solid waste facility to an approved collector; or
(B) The source-anonymous CEWs result from illegal disposal clean-up activities conducted by a Local Government, as defined in Section 18660.47, or its Designated Approved Collector; or
(C) The source-anonymous CEWs result from illegal disposal on property owned or managed by an approved collector.
(4) CEWs that are transferred to a Designated Approved Collector are not eligible for payments unless the CEWs are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter.
(d) Limitations on the ability of collectors and recyclers to charge a fee:
(1) If the recovery payment from a recycler does not fully cover the net cost of CEW recovery, and the collector establishes a cost-free opportunity for a California source to transfer CEWs to the collector, then an approved collector may charge a fee for CEW recovery.
(2) If the recovery payment from a recycler fully covers the net cost of CEW recovery, an approved collector shall provide CEW recovery at no charge to California sources or CalRecycle may revoke approval and direct recyclers to deny recovery payments to the collector.
(3) If the recycling payment from CalRecycle does not fully cover the net cost of CEW recycling, an approved recycler may charge a fee for CEW recycling.
(4) If the recycling payment from CalRecycle fully covers the net cost of CEW recycling, an approved recycler shall provide CEW recycling at no charge to approved collectors or CalRecycle may revoke approval and deny recycling payments to the recycler.
(e) Limitations on recovery payments:
(1) An approved recycler shall make recovery payments at the rate specified in Section 18660.33 of this Chapter to approved collectors for all CEWs transferred to the recycler and that are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter.
(2) CalRecycle shall revoke a recycler's approval and deny recycling payments to a recycler that fails to make recovery payments to approved collectors as specified in this Chapter.
(3) An approved recycler shall not make the recovery payments as specified in this Chapter to collectors who are not approved pursuant to this Chapter.
(4) An approved recycler may make other types of payments, not provided for under this Chapter, to a collector regardless of the collector's approval status.
(5) An approved recycler shall not provide recovery payments to a collector other than the approved collector that transfers the CEWs to the recycler, but nothing limits the collectors involved in prior transfers from negotiating payments among themselves unrelated to the recovery payment provisions of this Chapter.
(6) An approved collector is eligible for recovery payments only if the collector establishes a cost-free opportunity for a California source to transfer CEWs to the collector.
(7) An approved collector is entitled for recovery payments only for CEWs transferred to the recycler that are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter.
(8) The approved collector shall repay the approved recycler the amount of recovery payment that was paid if an approved collector has received recovery payment from an approved recycler for which the approved collector was not entitled.
(f) Limitations on recycling payments:
(1) CalRecycle shall make recycling payments only to approved recyclers who:
(A) Cancel CEWs using cancellation methods as specified in Section 18660.32 of this Chapter.
(B) Document cancellation and meet the other requirements of this Chapter.
(2) CalRecycle shall not make recycling payments to a recycler other than the approved recycler that cancels the CEWs, but nothing limits the recyclers involved in subsequent transfers from negotiating payments among themselves unrelated to the recycling payment provisions of this Chapter.
(3) CalRecycle shall not make recycling payments for reuse of either a whole CEW or of a partially disassembled CEW, such as a CRT with an attached yoke.
(g) Limitations in relation to current business practices:
(1) CalRecycle shall not limit the ability of approved collectors and approved recyclers to transfer or not transfer CEWs to or from any party.
(2) CalRecycle shall not limit the ability of approved collectors and approved recyclers from entering into contracts with each other or other parties.
(3) CalRecycle shall not limit the ability of collectors to recover CEWs or recyclers to recycle CEWs without participating in the system described in this Chapter.
(4) If collectors wish to receive recovery payments or recyclers wish to receive recycling payments, then they must meet the requirements in this Chapter.
(h) Limitations on the disposition of treatment residuals:
(1) Approved recyclers are not eligible for CEW recycling payments if treatment residuals are managed in a manner noncompliant or nonconforming with applicable law.
(2) Treatment residuals shall be managed for recycling to the extent economically feasible.
(A) Economic feasibility shall be determined by an approved recycler based on current market conditions for legal management options.
(B) CalRecycle may demand demonstration of economic infeasibility in accordance with Public Resources Code section 42479.
(3) Approved recyclers that ship treatment residual CRTs or CRT glass shall be capable of demonstrating to CalRecycle or its designee upon demand that the CRT or CRT glass has reached an ultimate disposition within one year of the initial shipment, unless the approved recycler is exempt from such demonstration pursuant to Article 7 of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations.
(4) If treatment residuals are disposed, an approved recycler shall ensure and be able to demonstrate that the disposal complies with all applicable laws and conforms to any conditions of authorization or approval under which the approved recycler managed the CEW from which the treatment residuals were derived.
(5) CalRecycle may require approved recyclers to produce documentation maintained pursuant to this Chapter to demonstrate compliance or conformance with all laws associated with treatment residual shipment, initial destination, or ultimate disposition.
(i) Limitations on the manufacturer payment system:
(1) CalRecycle shall not register any entity other than a manufacturer as defined in Section 42463(q) of the Public Resources Code to be a registered manufacturer.
(2) CalRecycle shall not make manufacturer payments to any entity other than a registered manufacturer.
(3) A registered manufacturer shall only claim payment for, and CalRecycle shall only make manufacturer payments for, CEWs received from California sources that are processed for recycling in a manner that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.
(4) A registered manufacturer shall not claim payment for, and CalRecycle shall not make manufacturer payments for, CEWs that are reused, repaired, refurbished or otherwise returned to use.
(j) Limitations on recycling payments on exported CEWs:
(1) CalRecycle shall not approve recyclers located outside the State of California.
(2) CEWs sent to and cancelled by unapproved recyclers are not eligible for recycling payments pursuant to this Chapter regardless of the location of the unapproved recycler.
1. New article 2 (sections 18660.6-18660.10) 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 article 2.0 (sections 18660.6-18660.10) 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 (c)(3)-(4) 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 (b)(2)-(4), (c)(3)(A), (d)(2)-(4), (e)(2), (f)(1), (f)(2)-(3), (g)(1)-(3), (h)(1) and (i)(1)-(4) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
6. Amendment of subsection (h), repealer and new subsections (h)(1) and (h)(2), new subsections (h)(3)-(5), amendment of subsection (i)(3) and new subsection (j) 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 subsection (h), repealer and new subsections (h)(1) and (h)(2), new subsections (h)(3)-(5), amendment of subsection (i)(3) and new subsection (j) 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.
8. Certificate of Compliance as to 5-30-2018 order, including amendment of subsections (h)(3)-(5), 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).
9. Amendment of subsections (c)(3)(B) and (c)(4) filed 7-3-2020; operative 10-1-2020 (Register 2020, No. 27).
10. Change without regulatory effect amending subsection (i)(1) 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 42472(b), 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
