California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7

Chapter 8.2. Electronic Waste Recovery and Recycling

Article 2.5. Electronic Waste Payment System--Manufacturer Payments

Section 18660.35. Manufacturer Registration.

(a) A manufacturer may apply to become registered, to renew an existing registration, or to revise an existing registration at any time by submitting a complete application.

(b) In an application for registration, manufacturers shall provide the following general information:

(1) Name of manufacturer.

(2) Mailing address and physical address.

(3) Name of the employee or officer of the manufacturer who is the contact person.

(4) Telephone number(s) of the contact person.

(5) An e-mail address of the contact person.

(6) Name of the employee or officer of the manufacturer who is the primary applicant authorized to sign:

(A) Payment claims.

(B) Reports.

(C) Other payment-related documentation and/or correspondence required by CalRecycle.

(7) Name of the employee or officer of the manufacturer (if any), in addition to the primary applicant, who is authorized to sign:

(A) Payment claims.

(B) Reports.

(C) Other-payment related documentation and/or correspondence required by CalRecycle.

(8) An indication of whether the manufacturer wishes to be included in an on-line registry.

(9) The location in which the records required by this Chapter will be maintained.

(c) In an application for registration, a manufacturer shall also include the following information about its take back program or activities, including but not limited to:

(1) The types of California sources from which the manufacturer may take back CEWs, including but not limited to households, businesses, and/or other collectors.

(2) The type(s) of CEWs that the manufacturer may take back for recycling.

(3) The mechanism(s) by which the manufacturer will accept CEWs into the take back program, such as mail-in, drop-off, trade-in, or pick-up.

(4) Any conditions the manufacturer may place on accepting CEWs.

(5) Whether the manufacturer may recover for the purposes of recycling discarded electronic devices similar to CEWs from outside of the State of California.

(d) In an application for registration, a manufacturer shall also include the following information regarding the recycling of the CEWs received into its take back program:

(1) The name and address of the recycling facility(ies) used by the manufacturer.

(2) A description of the recycling operation used by the manufacturer, including the recycling process that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.

(e) In an application for registration, a manufacturer shall make the following certification statements:

(1) “The undersigned manufacturer agrees under penalty of immediate revocation of registration and denial of manufacturer payments that as an registered manufacturer:”

(A) “I shall ensure that any CEWs for which payment is claimed originate from a California source.”

(B) “I shall only claim payment for those CEWs that I take back and process for recycling.”

(C) “I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions.”

(2) “The undersigned manufacturer certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct.”

(A) The name and signature of the primary applicant who has the authority to sign and bind the manufacturer to this application.

(B) The date and location of application execution.

(f) In an application for registration, a manufacturer shall submit 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.

(g) Within 30 calendar days upon receipt of the application for registration, CalRecycle will notify the manufacturer if the applicant is a registered manufacturer and provide a registration number to be used in all correspondence and claims.

(h) A registered manufacturer's registration remains valid for 2 years following the date of registration provided that the information in the original application remains unchanged and the manufacturer continues to meet and fulfill the requirements of this Chapter.

Note:

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code.
Reference: Sections 42475(a) and 42476, Public Resources Code.


Section 18660.36. Requirements for a Registered Manufacturer.

(a) Upon registration with CalRecycle, a registered manufacturer may claim manufacturer payments for those CEWs received by the manufacturer's take back program after the effective date of registration and processed for recycling as specified in Section 18660.6(i)(3) of this Chapter.

(b) A registered manufacturer shall determine if CEWs received by the manufacturer's take back program and processed for recycling are from California sources or from non-California sources and shall keep track of those materials separately.

(c) A registered manufacturer shall not request payment for non-California CEWs.

(d) A registered manufacturer shall not request payment for previously cancelled CEWs.

(e) A registered manufacturer shall ensure that any CEW on which the manufacturer has claimed manufacturer payment does not enter the recovery and recycling payment system.

(f) The recycling operation used by a registered manufacturer shall operate in accordance with all Federal, State and local laws and regulations.

(g) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, a registered manufacturer shall obtain and maintain the following records:

(1) A written description of the take back program, including the type of consumers from whom CEWs are accepted for take back.

(2) A record of the number of CEWs collected by the product categories defined in Section 18660.5(a)(31) of this Chapter.

(3) Records of transfers by load to the recycling operation used by the registered manufacturer, including signed and dated receipts showing the weight and number of CEWs transferred.

(4) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the recycling operation used by the manufacturer.

(5) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use.

(6) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling.

(7) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.

(8) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to CalRecycle.

(h) A registered manufacturer shall measure, record and report weights in pounds. A registered manufacturer shall weigh CEWs and/or treatment residuals on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) or in accordance with comparable standards of the state in which the registered manufacturer is located.

Note:

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code.
Reference: Sections 42475(a), 42476 and 42479, Public Resources Code.


Section 18660.37. Manufacturer Payment Claims.

(a) A registered manufacturer shall base a manufacturer payment claim on the number of CEWs processed for recycling by screen size(s) as listed in Section 42464(a) of the Public Resources Code.

(b) A registered manufacturer shall submit all of the following general information in a claim for manufacturer payments from CalRecycle:

(1) The full name, mailing address, registration number, and federal tax identification number of the registered manufacturer preparing the claim.

(2) The name and phone number of a contact person for purposes of the claim.

(3) The period of time covered by the claim and date of preparation of the claim.

(4) The number of CEW devices claimed:

(A) In each product category as defined in Section 18660.5(a)(31).

(B) By screen size as listed in Section 42464(a) of the Public Resources Code.

(5) The total monetary amount being claimed, as calculated in subsection (f) of this Section.

(6) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article. The signature block shall include the following certification statements:

(A) “I hereby declare under penalty of perjury that:”

  1. “All claimed CEWs were received from California sources through the manufacture take back program described in the manufacturer registration.”
  2. “All claimed CEWs have been processed for recycling in a manner that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.”
  3. “No claimed CEWs were transferred into the recovery and recycling payment system.”
  4. “I have certified the number of devices and verified the calculations.”
  5. “This payment claim, including any and all accompanying documents, has been examined by me and is true, correct and complete.”
  6. “I understand that errors or omissions on my part may result in CalRecycle delaying or denying payment”
  7. “I further understand that fraud could result in revocation of the manufacturer registration.”

(7) The date and place the claim was signed.

(c) A registered manufacturer shall submit no more than one payment claim per calendar month.

(d) The claim period for a manufacturer payment claim pursuant to this Section is the time period within which processing occurs and may not exceed three (3) months.

(e) A registered manufacturer shall attach all of the following to the payment claim:

(1) A written description of take back program that collected the CEWs for which payment is being claimed, including the type of consumers from whom CEWs were accepted, and a record of the number of CEWs collected by the product categories as defined in Section 18660.5(a)(31) of this Chapter.

(2) Records of transfers by load to the registered manufacturer's recycling operation, including signed and dated receipts showing the weight and number of CEWs transferred.

(3) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the manufacturer's recycling operation.

(4) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use.

(5) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling.

(6) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.

(f) A registered manufacturer shall calculate the payment and include the calculation in a manufacturer payment claim as follows:

(1) The total number of CEWs, by screen size as specified in Section 42464(a) of the Public Resources Code that are processed for recycling during the claim period.

(2) The total payment claimed, calculated by:

(A) Multiplying the number of CEWs in each screen size category by the value of the covered electronic waste recycling fee that applies to that category.

(B) Adding the calculations in (A) above for each screen size category calculation together.

(g) An example calculation for a manufacturer claim is included for illustration purposes as follows:

The number CEWs processed for recycling by screen size:

100 devices with less than 15 inch screen size      100 devices
Times the covered electronic waste recycling        X $6.00
    fee for category                                               =$600.00

200 devices greater than or equal to 15 inch
    screen size but less than 35 inch screen size    200 devices
Times the covered electronic waste recycling        X $8.00
    fee for category                                               =$1600.00

Equals the payment claim for the claim period: ($600.00+$1600.00) = $2200.00 Total Claim

(h) A registered manufacturer shall deliver manufacturer payment claims to CalRecycle’s main business office, to the attention of the Accounting Section. A registered manufacturer shall mark the outside of the package containing the claims clearly with “e-Waste Claim Enclosed.”

(i) A registered manufacturer shall submit timely manufacturer payment claims so that CalRecycle receives each claim within 45 days of the end of the claim period. CalRecycle may return without payment any claim received more than 45 days after the end of the claim period. CalRecycle shall determine a claim's receipt as either the date of the postmark on the claim package, or the date the claim package was physically received by CalRecycle, whichever is earlier.

(j) CalRecycle may reject a claim if it fails to comply with the requirements of this Section.

(k) CalRecycle’s rejection of a manufacturer payment claim shall not extend any applicable due date or time period.

Note:

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code.
Reference: Sections 42475(a), 42476 and 42479, Public Resources Code.


Section 18660.38. CalRecycle Review of Manufacturer Payment Claims.

(a) CalRecycle shall review a manufacturer payment claim and determine if a manufacturer payment is due pursuant to this Chapter. If CalRecycle has cause to investigate any aspect of a claim, the review will be extended until resolution of all issues aspects under investigation.

(b) CalRecycle may deny payment for any of the following reasons:

(1) CalRecycle determines that:

(A) The signature on the claim is not that of a person with signature authority for registered manufacturer payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article.

(B) The registered manufacturer did not have current registration for the claim period.

(C) The registered manufacturer failed to meet the requirements in this Chapter or committed an activity prohibited in this Chapter.

(D) The payment claim contains a numerical discrepancy between values or calculations reported on the claim and CalRecycle verified values and calculations.

(2) CalRecycle has prevailed against the claimant in a civil or administrative action and money is owed to CalRecycle as a result of the action.

(3) CalRecycle discovers, as part of an application review, claim review or an audit, significant inconsistencies or fraud.

Note:

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code.
Reference: Sections 42475(a) and 42476, Public Resources Code.


Section 18660.39. Appeal of Denied or Adjusted Manufacturer Payment Claims.

(a) A registered manufacturer may file a formal appeal by writing to CalRecycle within 30 calendar days of the date of the notice denying or adjusting the claim.

(b) Any appeal received by CalRecycle after 30 calendar days from the date of the adjustment letter from CalRecycle on an adjusted payment or the date of the notice denying the claim shall be denied without a hearing or consideration of the appeal.

(c) A registered manufacturer shall include all of the following information in a written appeal:

(1) The registered manufacturer's name and registration.

(2) The month(s) and year(s) in question.

(3) A copy of the manufacturer payment claim and the notice denying the claim, or a copy of the remittance advice if a payment adjustment is being appealed.

(4) An explanation of why the adjustment or denial was in error.

(5) Any other documentation that supports the appeal.

(d) At any time during the proceeding, before a decision is issued, CalRecycle, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10.

(e) CalRecycle shall provide a hearing before the director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the claim, the reasons for payment denial or payment adjustment, and any additional relevant information presented by the claimant or CalRecycle staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision.

(f) CalRecycle will notify the registered manufacturer of the determination in writing within 20 calendar days from the date of the decision.

Note:

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code.
Reference: Sections 42474, 42476, Public Resources Code and Sections 11400.20 and 11415.10 Government Code.

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Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
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