California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7

Chapter 8.2. Electronic Waste Recovery and Recycling

Article 2.1. Electronic Waste Payment System--Applications for Approval

Section 18660.11 General Application Requirements.

(a) Collectors and recyclers may submit an application to become approved at any time.

(b) In applications for approval, collectors and recyclers shall provide the following general information:

(1) Name of organization.

(2) Type of organization:

(A) If the organization is an individual doing or proposing to do business under a different name, the applicant shall provide a copy of any fictitious business name statement.

(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement and any fictitious business name statement.

(C) If the organization is a corporation, the applicant shall provide the corporate number and Articles of Incorporation and name and position of all current corporate officers as filed with the Secretary of State, any fictitious business name statement, and the agent for service of process.

(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.

(E) If the organization is a husband and wife co-ownership, the applicant shall provide both names and any fictitious business name statement.

(F) If the organization is a local government agency, and is applying as a recycler or dual entity, the applicant shall provide a copy of the authorizing resolution from the governing board.

(G) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, any fictitious business name statement, and the agent for service of process.

(H) If the organization is a limited liability company from a state other than California, the applicant shall provide a copy of their certificate from the California Secretary of State authorizing the LLC to transact business in California.

(I) If the organization is a non-profit or charity, the applicant shall provide a description and a copy of the appropriate designation documentation.

(3) Mailing address and physical address.

(4) Name of the contact person.

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

(6) An e-mail address of the contact person or organization, if available.

(7) List(s) of the persons (if any), in addition to the primary applicant, who are authorized to sign:

(A) Payment claims.

(B) Net cost reports.

(C) Other payment related correspondence with CalRecycle.

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

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

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.


Section 18660.12. Additional Application Requirements for Collectors.

(a) In addition to the general application information required in Section 18660.11 of this Chapter, a collector shall also include the following information:

(1) The date and the name under which the collector notified DTSC as a CRT and/or universal waste handler.

(2) A description of the existing or proposed collection operation, including but not limited to:

(A) The types of California sources from which the collector may recover CEWs, including but not limited to households, businesses, and/or other collectors.

(B) The type(s) of CEWs that may be recovered by the collector.

(C) Whether the collector may recover CEWs from outside of the State of California.

(D) The cost-free opportunity(ies) established by the collector for a California source to transfer CEWs to the collector as required by Section 42476(f)(2) of the Public Resources Code.

(3) Certification statements by the collector as follows:

(A) “The undersigned collector agrees under penalty of immediate revocation of approval and denial of recovery payments that as an approved collector:”

  1. “I shall make reasonable efforts to ensure that any CEWs for which payment is claimed originate from a California source.”
  2. “I shall provide free CEW collection to California sources if the payments I receive from recyclers fully covers the net cost of collection, transportation and charges paid to the recycler.”
  3. “I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions.”
  4. “I shall establish a cost-free CEW collection opportunity for California sources.”
  5. “I have read and understand the requirements set forth in the statutes and regulations governing this program.”

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

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

(5) The date and location of application.

(b) A collector shall maintain a physical location within the state of California at which:

(1) CEWs can be handled.

(2) All records required by this Chapter shall be maintained.

(c) CalRecycle shall not approve a collector located outside the United States, unless required to by treaty. If CalRecycle must approve a collector outside the United States, the collector must comply with the requirements of Section 42476.5 of the Public Resources Code.

Note:

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code.
Reference: Sections 42475(a), 42476, 42476.5, 42477, 42478 and 42479, Public Resources Code.


Section 18660.13. Additional Application Requirements for Recyclers.

(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 applicable requirements of Chapter 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 and/or CEWs transferred at the rate specified in this Chapter within 90 days”
  2. “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.

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.


Section 18660.14. Additional Application Requirements for Dual Entities.

(a) An entity that is both a collector and a recycler at the same location may apply for both approvals, and if approved will be an approved dual entity.

(b) In addition to completing and submitting one copy of the General information required in Section 18660.11 of this Chapter, all dual entity approval applications shall contain the information required in Sections 18660.12 and 18660.13 for collector applications and recycler applications, respectively.

(c) Unless there are specific "dual entity" provisions, an approved dual entity, when acting as a collector, shall meet all the requirements in this Chapter for approved collectors.

(d) Unless there are specific "dual entity" provisions, an approved dual entity, when acting as a recycler, shall meet all the requirements in this Chapter for approved recyclers.

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.


Section 18660.15. CalRecycle Review of Applications.

(a) Upon receipt of the application, CalRecycle will notify the applicant within 30 calendar days if the application is complete or incomplete.

(b) If CalRecycle determines the application is incomplete, with exception of a pending inspection by DTSC, CalRecycle notification will list the missing information, and the applicant will have 30 calendar days from the notification to provide the missing information or CalRecycle will deny the application.

(c) After CalRecycle determines that an application is complete, CalRecycle will notify the applicant within 30 calendar days whether the application has been:

(1) Approved, and if so, proof of approval bearing a unique approval identification number will be provided stating the type of approval granted:

(A) Approved collector, and/or

(B) Approved recycler.

(2) Denied, and if so, the cause(s) for denial will be listed. After denial, an application to become approved may be resubmitted at any time after the causes for denial have been corrected.

(d) CalRecycle shall not charge collector or recyclers to process an application.

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.


Section 18660.16. Approval Term and Applications for Renewal.

(a) An approved collector's approval remains valid for 2 years following the date of approval provided that the information in the original application remains unchanged, the collector continues to meet and fulfill the requirements of this Chapter, and the collector continues to operate in conformance with DTSC requirements.

(b) An approved recycler's approval remains valid for 2 years following the date of approval provided that the information in the original application remains unchanged, the recycler continues to meet and fulfill the requirements of this Chapter, and the recycler continues to operate in conformance with DTSC requirements and submit to inspections by DTSC.

(c) To renew approval, a collector or recycler shall re-apply to CalRecycle on a biennial basis at least 90 calendar days prior to the expiration date of approval.

(d) If a collector or recycler fails to renew approval, after the expiration date all of the following conditions apply:

(1) The approval is expired and invalid.

(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter.

(3) The collector or recycler shall immediately return any issued proof of approval to CalRecycle.

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.


Section 18660.17. Prohibited Activities.

(a) CalRecycle may deny a renewal or revoke or suspend the approval of a collector or recycler for any of the following prohibited activities:

(1) Failure by a collector or recycler to operate in conformance with DTSC requirements.

(2) Failure by a recycler to submit to a DTSC inspection within any 12-month period.

(3) Failure by a recycler to provide recovery payments to approved collectors as specified in this Chapter.

(4) Failure to submit to CalRecycle audits as specified by this Chapter.

(5) Failure to submit a net cost report as specified in Section 18660.10.

(6) Transferring an approval or proof of approval to any other person.

(7) Altering the proof of approval.

(8) A material breach of any of the certification statements contained in the application.

(9) Fraudulently requesting a recovery payment.

(10) Fraudulently claiming a recycling payment.

(11) Submitting a fraudulent net cost report.

(12) Failure to secure, maintain and/or transfer documentation as specified by this Chapter.

(13) Failure to notify CalRecycle of changes to information contained in the application.

(14) Making a false statement or representation in a document filed, submitted, maintained or used for purposes of compliance with this chapter or Division 30, Part 3, Chapter 8.5 of the Public Resources Code.

(b) If CalRecycle denies a renewal or revokes an approval for prohibited activities, all of the following conditions apply:

(1) The approval is immediately invalid.

(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter.

(3) The collector or recycler shall immediately return any issued proof of approval to CalRecycle.

(c) A collector or recycler may not reapply for approval until 180 calendar days after denial or revocation for prohibited activities.

(d) If CalRecycle suspends an approval for prohibited activities, all the following conditions apply until CalRecycle determines that the cause for suspension has been remedied:

(1) The approval is temporarily invalid.

(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter for recovery and/or recycling activities conducted during the suspension of approval.

(e) An application for approval or renewal from a collector or recycler or an individual identified in the application who has a history of demonstrating a pattern of operation in conflict with the requirements of this chapter and Division 30, Part 3, Chapter 8.5 of the Public Resources Code may be denied.

Note:

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code.
Reference: Sections 42474(e), 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.


Section 18660.18. Changes to an Approved Application.

(a) An approved collector or an approved recycler shall reapply to CalRecycle for approval at least 90 calendar days prior to the change taking effect, if one of the following changes may occur:

(1) A change in recovery, recycling or business practices that will prevent the approved collector or approved recycler from meeting the requirements of this Chapter.

(2) A change in recovery, recycling or business practices that will result in the breach of a certified statement on the application or in a prohibited activity as specified in Section 18660.17 of this Chapter.

(b) If an unforeseen change occurs an approved collector or an approved recycler shall notify CalRecycle of the change within ten calendar days after the unforeseen change. In cases of notification after a change specified in subsections (1) or (2) in part (a) of this Section, CalRecycle may revoke the approval immediately or may require the collector or recycler to reapply for approval.

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.


Section 18660.19. Appeal of Denial, Suspension or Revocation of Approval.

(a) If CalRecycle denies an application for approval or suspends or revokes an approval, the collector or recycler shall appeal that decision and request a hearing within 30 calendar days after the date of the denial, suspension or revocation. Any appeal received by CalRecycle after 30 calendar days from the date of the denial, suspension or revocation shall be denied without a hearing or consideration of the appeal.

(b) This appeal provided for in this Section is also governed by the general administrative adjudication provisions of the California Administrative Procedure Act, found at Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11400. This appeal is not subject to the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11500.

(c) The collector or recycler requesting a hearing must submit the appeal in writing and ensure that it is received by CalRecycle’s main business office, to the attention of the Legal Office. The collector or recycler shall clearly mark the outside of the package containing the appeal with: “e-Waste Appeal Enclosed”.

(d) In an appeal, a collector or recycler shall include, at a minimum, all of the following:

(1) The collector's or recycler's name, mailing address, contact name and daytime telephone number.

(2) The type of approval: collector, recycler or both.

(3) The location and street address.

(4) The date on the notification from CalRecycle and the stated reasons for denial, suspension or revocation.

(5) A statement of the basis for objecting to the denial, suspension or revocation.

(e) 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.

(f) 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 application, the reasons for denial, suspension or revocation, and any additional relevant information presented by the applicant or CalRecycle staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision.

(g) CalRecycle will notify the collector or recycler 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 42463(b), 42474(e)(3) and 42479, 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.
Regulations http://www.calrecycle.ca.gov/Laws/Regulations/
Legal Office: LegalSec@CalRecycle.ca.gov (916) 327-0089