Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In addition to the general information required in Section 18660.11 of this Chapter, a recycler shall also include the following information:
(1) Documentation that the recycler has fulfilled DTSC notification and authorization requirements regarding the handling and processing of CEWs.
(2) A description of the recycling operation, including:
(A) The method(s) of cancellation used by the recycler.
(B) The types of CEWs cancelled by the recycler, pursuant to Section 18660.32 of this Chapter.
(C) Estimated percentages of cancelled CEWs expected to originate from inside of and from outside of the State of California annually.
(3) An explanation and documentation showing how the demonstrations in Public Resources Code Section 42479(b) have been satisfied, including but not limited to the following:
(A) The recycler is in compliance with DTSC's minimum standards for managing hazardous and universal waste set forth in Chapters 12, 14, 15, 16, 20, 22, and 23 of Division 4.5 of Title 22 of the California Code of Regulations.
(B) The recycler demonstrates to CalRecycle that the recycler's facility meets all of the following standards:
1. The facility has been inspected by DTSC within the past 12 months, as specified in Section 42479(b)(2)(A). If a DTSC inspection has been requested but not yet completed, then CalRecycle will review the remainder of the application but withhold approval until the DTSC inspection is completed and the facility found to be in conformance.
2. The facility is accessible during normal business hours for unannounced inspections by state or local agencies.
3. The facility has health and safety, employee training, and environmental compliance plans and certifies compliance with the plans.
4. The facility meets or exceeds the standards specified in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2, Division 4 (commencing with Section 3200), and Division 5 (commencing with Section 6300), of the Labor Code or, if all or part of the work is to be performed in another state, the equivalent requirements of that state.
(4) Unless the recycler is applying as a dual entity, the name, address, contact person's name and telephone number of at least one (1) collector from which the recycler has accepted, has contracted to accept or intends to contract to accept CEWs for cancellation with a letter from the collector certifying under penalty of perjury that California CEWs from that collector will be transferred to the recycler for recycling.
(5) A completed "Payee Data Record" STD. 204 form (Rev. 6-2003 or as revised) -- Department of Finance, State of California with an original signature of the primary applicant. The form will be provided by CalRecycle and is hereby incorporated by reference.
(6) Certification statements by the recycler as follows:
(A) "The undersigned recycler agrees under penalty of perjury and of immediate revocation of approval and denial of recycling payments that as an approved recycler:"
1. "I shall fully reimburse an approved collector for all CEWs transferred at the rate specified in this Chapter within 90 days"
2. "Notwithstanding the allowances contained in Section 18660.6(d) of this Chapter, I shall not adjust fees, charges or other contract provisions upward for the purpose of negating the recovery payment to approved collectors."
3. "I shall provide free CEW recycling by accepting without charge CEWs from approved collectors if the payment from CalRecycle fully covers the net cost of CEW recycling."
4. "I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions."
5. "I have read and understand the requirements set forth in the statutes and regulations governing this program."
(B) "The undersigned certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct."
(7) The name and signature of the primary applicant who has the authority to sign and bind the recycler to this application.
(8) The date and location of application.
(b) CalRecycle shall not approve a recycler located outside California.
1. New 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 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. Certificate of Compliance as to 12-13-2004 order, including 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).
4. Change without regulatory effect amending subsections (a)(3)(B)-(a)(3)(B)1., (a)(5), (a)(6)(A)3. and (b) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
5. Amendment filed 9-17-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
