Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A Local Government may establish a Designation if:
(1) The Local Government transmits a Proof of Designation to CalRecycle that meets all of the requirements of this Section;
(2) CalRecycle receives the transmitted Proof of Designation at least 30 calendar days in advance of any CEW collection activity conducted by the Designated Approved Collector pursuant to the Designation; and
(3) CalRecycle contacts the Local Government and the Designated Approved Collector, in writing, to confirm that CEW collection activities can begin under the Designation.
(b) The Proof of Designation, as defined in Section 18660.5(a)(33), shall establish the scope of the Designation and include the following information:
(1) The name of the Designated Approved Collector and its associated CEW identification number.
(2) The beginning and end dates of the Designation:
(A) The beginning date is the first day any CEW collection activities may occur.
(B) The beginning date must be a minimum of 30 calendar days after CalRecycle receives the Proof of Designation from the Local Government.
(C) CalRecycle may modify the beginning date to ensure that the beginning date is at least 30 calendar days from transmittal of the Proof of Designation.
(D) Neither CalRecycle nor the Local Government shall modify the end date.
(3) The location(s) where the collection activities may occur on behalf of the Local Government. This includes:
(A) The geographic area within the Local Government's jurisdictional boundaries where the Designated Collector may provide CEW collection services; and
(B) Any specific sites and addresses at which permanent drop-off services will be provided.
(4) The method and description of CEW collection activities to be provided by the Designated Approved Collector (e.g., permanent drop-off, curbside service, illegal disposal clean-up, or temporary special events).
(5) Contact information for the Local Government designating authority that includes name, title, phone number, email address, and mailing address. The designating authority contact shall be a representative of the Local Government that is duly authorized and empowered to execute agreements or contracts related to waste management on behalf of the Local Government.
(6) A certification signed and dated by the designating authority of the Local Government stating the following:
(A) The designating authority is authorized to execute agreements or contracts related to waste management on behalf of the Local Government;
(B) The designating authority has read and understands all applicable laws and regulations governing the Electronic Waste Recovery and Recycling Program;
(C) The designating authority agrees that the Local Government shall operate in compliance with those applicable laws and regulations; and
(D) The designating authority certifies that the Proof of Designation contains true and correct information to the best of the designating authority's knowledge.
(7) Contact information for the Local Government person responsible for the management of the Designation, if different from the designating authority, that includes name, title, phone number, email address, and mailing address.
(8) Contact information for the Designated Approved Collector that includes name, title, phone number, email address, and mailing address.
(9) A certification statement signed and dated by a representative of the Designated Approved Collector stating the following:
(A) The representative is an authorized signatory listed in the application for approval pursuant to Section 18660.11(b)(7) of this Chapter; and
(B) The Designated Approved Collector agrees to operate in compliance with the requirements of the Electronic Waste Recovery and Recycling Program and all applicable laws and regulations.
(c) The Local Government shall transmit, pursuant to subsection (a), a copy of the Proof of Designation to CalRecycle either by electronic mail or by mail to:
CALRECYCLE
ATTENTION: ELECTRONIC WASTE RECYCLING PROGRAM, DESIGNATION PROCESSING, MS #9
1001 I STREET, P.O. BOX 4025
SACRAMENTO, CA 95812-4025
ewastedesignations@calrecycle.ca.gov
(d) Within 10 calendar days of receipt of the Proof of Designation, pursuant to subsection (a)(2), CalRecycle shall either:
(1) notify the Local Government, in writing, that a Proof of Designation is complete and correct; or
(2) notify the Local Government, in writing, and provide a list of the missing and/or incorrect information in the Proof of Designation. The Local Government shall have 20 calendar days after CalRecycle's notification, to provide missing information and/or make corrections. Failure to timely provide missing information and/or make corrections may result in termination of a Designation, pursuant to subsection 18660.50(b).
(e) A Designation is considered valid only when the requirements in subsections (a), (b), and (c) of this section have been met.
(f) A Designated Approved Collector shall notify the Local Government and CalRecycle, in writing, at least 30 calendar days prior to a change taking effect or within 10 calendar days after an unforeseen change regarding any changes in:
(1) The Designated Approved Collector's contact information or operational status identified pursuant to subsection (b)(8); or
(2) The name of the organization under which the Designated Approved Collector is operating, pursuant to subsection (b)(1).
(g) A Local Government shall immediately notify CalRecycle, in writing, of any changes in a Designation regarding representatives identified pursuant to subsections (b)(5), (b)(6), (b)(7), or (b)(9) of this Section.
(h) Prior to the end date of a Designation, the designating authority of the Local Government may amend the Designation to modify the scope established pursuant to subsections (b)(3) or (b)(4) of this Section.
(1) The Local Government shall immediately notify CalRecycle and the Designated Approved Collector, in writing, of any changes in scope enacted pursuant to this subsection.
(2) The Designated Approved Collector shall not act on any changes in the scope of a Designation prior to the notifications required in subsection (h)(1) of this Section.
(3) The Designated Approved Collector shall provide a copy of the change-of-scope notification that the Local Government provided CalRecycle, pursuant to subsection (h)(1) of this Section, to another approved collector or approved recycler at the time the Designated Approved Collector transfers CEW to another approved collector or approved recycler.
1. New section 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.
2. New section 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.
3. Certificate of Compliance as to 3-5-2019 order, including amendment of section, transmitted to OAL 5-21-2020 and filed 7-3-2020; amendments operative 10-1-2020 (Register 2020, No. 27).
Note: Authority cited: Sections 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463(b), 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
