California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14 (Natural Resources), Division 7

Chapter 8.2. Electronic Waste Recovery and Recycling

Article 2.3. Electronic Waste Payment System--Recycling Payment Claims

Section 18660.22. General Requirements for Recycling Payment Claims.

(a) An approved recycler shall submit all of the following general information in a claim for recycling payments from CalRecycle:

(1) The full name, mailing address, and federal tax identification number of the recycler preparing the report.

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

(3) The reporting month (calendar month and year) and date of preparation of the report.

(4) The claim activity period, listing the start and end dates.

(5) The total weight of CEW claimed, as calculated in Sections 18660.23, 18660.24, and 18660.25 of this Chapter.

(6) The total monetary amount being claimed.

(7) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.11 of this Chapter. The signature block shall include the following certification statements:

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

  1. “The approved recycler whom I represent is currently in compliance with all Federal, State and local requirements, including compliance with the requirements of the Act and this Chapter. ”
  2. “All claimed CEWs have been cancelled as specified in Section 18660.32 and are unable to re-enter the payment system, and all treatment residuals specified in Section 18660.22(c) derived from the claimed CEWs have been shipped to an end-use destination authorized to receive and further treat those treatment residuals.”
  3. “I have certified the weights and verified the calculations, including the adjustments for CEWs from non-California sources and for prior cancellation.”
  4. “This payment claim, including any and all accompanying documents has been examined by me and is true, correct and complete.”
  5. “I understand that errors or omissions on my part may result in CalRecycle delaying or denying payment”
  6. “I further understand that fraud could result in revocation of the recycler's approval.”

(8) The date and place of the signing of the claim.

(b) For each cancellation method used, an approved recycler shall submit no more than one recycling payment claim per calendar month and may only include one reporting month, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter, in a single recycling payment claim. An approved recycler shall prepare payment claims for different cancellation methods separately, but may submit a package containing all the claims for a reporting month.

(c) Prior to submitting a payment claim for cancelled CEWs, an approved recycler shall:

(1) Ship off-site all the following treatment residuals derived from the cancelled CEWs to an end-use destination authorized to receive and further treat or legally dispose of the treatment residual:

(A) CRT glass cullet if conducting CRT or CRT-containing CEW cancellation through crushing or shredding.

(B) Bare CRTs or CRT glass cullet if conducting CRT or CRT-containing CEW cancellation through dismantling to a bare CRT after relieving the vacuum.

(C) Gas plasma display glass cullet if conducting non-CRT-containing CEW cancellation through crushing or shredding.

(D) Bare gas plasma display panels if conducting non-CRT-containing CEW cancellation through dismantling to a bare panel.

(2) For each cancelled non-CRT-containing CEWs, the recycler shall record and report the manufacturer name, model number, serial number and weight prior to cancellation.

(3) Only those CEWs that have been processed and documented pursuant to the applicable requirements of subsections (c)(1) and (c)(2) of this section shall be claimed for payment.

(d) An approved recycler shall attach all of the following to the payment claim:

(1) For all CEWs received from collectors during the claim activity period that are cancelled and included in the current claim, a report that includes:

(A) A list of approved collectors from which the transfers of CEWs were accepted with the name and proof of approval identification number of each.

(B) The total weight of CEWs in all loads transferred from each approved collector. Note that this weight may not equal the weight claimed for recycling payment because recovery payments are made on the weight of all CEWs transferred while recycling payments are made on the weight of only those CEWs cancelled.

(C) Signed and dated receipts documenting all CEW transfers from approved collectors.

(D) A copy(ies) of the applicable records specified in Section 18660.21(l)(1)-(4) pertaining to the collection and processing activities involving the CEWs cancelled and being claimed for payment.

  1. Source documentation not associated with the claimed CEWs shall not be included in the report.
  2. Transfer documentation not associated with the claimed CEWs shall not be included in the report.

(E) A sum of the estimated weight of source-anonymous CEWs as reported by and transferred from approved collectors.

(2) For all CEWs cancelled during the claim activity period and that are included in the current claim, a description of cancellation activities that includes:

(A) The type(s) of cancellation method used.

(B) The date(s) when cancellation occurred.

(C) The amount of CEWs processed by dismantling, crushing or shredding by date in pounds.

(D) The dates and destinations of all treatment residual shipments required prior to submitting a claim as specified in subsection (c) of this section.

(3) For all CEWs received from collectors during the claim activity period that are not included in a prior claim and that are not cancelled, a description and quantification of those activities including but not limited to storage, repair, refurbishment, resale, reuse, transfer and/or export.

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

(f) An approved recycler shall submit timely recycling payment claims so that CalRecycle receives each claim within 45 days of the end of the reporting month, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter. CalRecycle may return without payment any claim received more than 45 days after the end of the reporting month, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter. 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.

(g) CalRecycle may reject a claim if it fails to comply with the general requirements of this Section, or the additional requirements in the applicable provisions regarding cancellation methods in Sections 18660.23, 18660.24 and/or 18660.25 of this Chapter.

(h) CalRecycle’s rejection of a recycling 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, 42477, 42478 and 42479, Public Resources Code.


Section 18660.23. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs through Crushing or Shredding.

(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling CRT-containing CEWs through crushing or shredding as specified in Section 18660.32 of this Chapter.

(b) An approved recycler shall base recycling payment claims on the weight of CRT-containing CEWs cancelled.

(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which one or more shipments of CRT glass cullet were sent to an end use destination.

(d) The reporting month for a recycling payment claim pursuant to this Section is the month in which shipment(s) of CRT glass cullet were made.

(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling CRT-containing CEWs through crushing or shredding as follows:

(1) The total weight of CRT-containing CEWs cancelled for the reporting month from which all treatment residuals specified in Section 18660.22(c)(1) of this Chapter have been shipped off-site to an end-use destination authorized to receive and further treat those treatment residuals.

(2) The total payment claimed, calculated by multiplying the weight of CRT-containing CEWs specified in subsection (e)(1) of this Section by the Standard Statewide Combined Recovery and Recycling Payment Rate.

(3) If the amount in subsection (e)(1) of this Section includes CEWs from outside California, CEWs without source documentation, or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights.

(f) An example calculation for canceling CRT-containing CEWs through crushing or shredding is included for illustration purposes as follows:

The weight of CRT-containing CEWs cancelled:         1000 pounds
Times the per pound Standard Statewide combined
     recovery and recycling payment rate:                          X $0.49
Equals the payment claim for the reporting period:     = $490.00 Total Claim

(g) An approved recycler shall attach to the payment claim the following documentation from all shipments of CRT glass cullet made during the reporting period of a calendar month:

(1) Shipping reports to end-use destinations, including the names of the shipping recycler and the receiving end-use destination.

(2) The date of the shipment and the weight of the CRT glass cullet.

(3) Weight tickets of individual shipments of CRT glass cullet.

(4) Verification of post cancellation disposition, including:

(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading and an executed contract or other documentation from the intended recipient of the shipment.

(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading.

(C) For all shipments of CRT glass cullet, information pertaining to the ultimate disposition of the material shipped demonstrating that the disposition is compliant with applicable law and conformant with the approved recycler's conditions of authorization.

1. All documentation necessary to demonstrate compliant material disposition shall be included in the discussion.

2. CalRecycle may demand additional documentation as necessary from an approved recycler to determine the legality of material disposition.

(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and qualification of the disposition of other treatment residuals derived from cancellation of the CRT-containing CEWs, including but not limited to metals, plastics, fibers and wood.

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 18660.24. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs through Dismantling to a Bare CRT After Relieving the Vacuum.

(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling CRT containing CEWs through dismantling to a bare CRT after relieving the vacuum as specified in Section 18660.32 of this Chapter.

(b) An approved recycler shall base recycling payment claims on the weight of CRT-containing CEWs cancelled.

(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which one or more shipments of bare CRTs or CRT glass cullet were sent to an end use destination.

(d) The reporting month for a recycling payment claim pursuant to this Section is the month in which the shipment(s) of bare CRTs or CRT glass cullet were made.

(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling CRT-containing CEWs through dismantling to a bare CRT as follows:

(1) The total weight of CRT-containing CEWs cancelled from which all treatment residuals specified pursuant to Section 18660.22(c)(1) of this Chapter have been shipped off-site to an end-use destination authorized to receive and further treat or legally dispose of those treatment residuals.

(2) The total payment claimed, calculated by multiplying the weight of CRT-containing CEWs specified in subsection (e)(1) of this Section by the Standard Statewide Combined Recovery and Recycling Payment Rate.

(3) If the amount in subsection (1) of this Section includes CEWs from outside California, CEWs without source documentation, or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights.

(f) An example calculation for canceling CRT containing CEWs through dismantling to a bare CRT after relieving the vacuum is included for illustration purposes as follows:

The weight of CRT-containing CEWs cancelled:          1000 pounds
Times the per pound Standard Statewide combined
    recovery and recycling payment rate:                          X $0.49
Equals the payment claim for the reporting period:      = $490.00 Total Claim

(g) An approved recycler shall attach the following documentation for all shipments of bare CRTs made during the reporting period of a calendar month:

(1) Shipping reports to end-use destinations, including the names of the shipping recycler and the receiving end-use destination.

(2) The date of the shipment and the weight of the bare CRTs or CRT glass cullet.

(3) Weight tickets of individual shipments of bare CRTs or CRT glass cullet.

(4) Verification of post cancellation disposition, including:

(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading and an executed contract or other documentation from the intended recipient of the shipment.

(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading.

(C) For all shipments of bare CRTs or CRT glass cullet, information pertaining to the ultimate disposition of the material shipped demonstrating that the disposition is compliant with applicable law and conformant with the approved recycler's conditions of authorization.

1. All documentation necessary to demonstrate compliant material disposition shall be included in the discussion.

2. CalRecycle may demand additional documentation as necessary from an approved recycler to determine the legality of material disposition.

(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and qualification of the disposition of other treatment residuals derived from cancellation of the CRT-containing CEWs, including but not limited to metals, plastics, fibers and wood.

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.


18660.25. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of Non-CRT-Containing CEWs.

(a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW as specified in Section 18660.32 of this Chapter.

(b) An approved recycler shall base recycling payment claims on the weight of the cancelled non-CRT-containing CEWs.

(c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which it cancels non-CRT-containing CEWs.

(d) The reporting month for a recycling payment claim pursuant to this Section is the calendar month the cancellation occurs.

(e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW as follows:

(1) The total weight of cancelled non-CRT-containing CEWs for the reporting month from which all treatment residuals specified pursuant to Section 18660.22(c)(1) of this Chapter have been shipped to an end-use destination authorized to receive and further treat those treatment residuals. Note that non-CRT-containing CEWs commingled with other material are ineligible for recycling payment.

(2) The total payment claimed, calculated by multiplying the weight of non-CRT-containing CEWs specified in subsection (e)(1) of this Section by the Standard Statewide Combined Recovery and Recycling Payment Rate.

(3) If the amount in subsection (1) of this Section includes CEWs from outside California or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights.

(4) For each cancelled non-CRT-containing CEWs, the recycler shall record and report the manufacturer name, model number, serial number and weight prior to cancellation.

(f) An example calculation for canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW is included for illustration purposes as follows:

The weight of non-CRT-containing CEWs cancelled:           1000 pounds
Times the per pound Standard Statewide combined
    recovery and recycling payment rate:                                     X $0.49
Equals the payment claim for the reporting period:               = $490.00 Total Claim

(g) An approved recycler shall attach the following documentation for all shipments of circuit boards from non-CRT-containing CEWs made during the reporting period of a calendar month:

(1) Shipping reports to end-use destinations, including the names of the shipping recycler and the receiving end-use destination.

(2) The date of the shipment and the weight of the circuit boards.

(3) Weight tickets of individual shipments of the circuit boards.

(4) Verification of post cancellation disposition, including:

(A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading.

(B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading.

(C) For all shipments of non-CRT-containing CEWs circuit boards, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air.

(h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and qualification of the disposition of other treatment residuals derived from cancellation of the non-CRT-containing CEWs, including but not limited to metals, plastics, and fibers.

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 18660.30. CalRecycle Review of Recycling Payment Claims.

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

(b) CalRecycle may deny or adjust 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 recycling payment claims as designated pursuant to Section 18660.11 of this Chapter.

(B) The recycler did not have current approval for the reporting period and/or the cancellation period in the claim.

(C) The approved recycler 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.

(E) The facility has not been inspected by DTSC within the past 12 months, as specified in Section 42479(b)(2)(A) of the Public Resources Code.

(F) The recycler is ineligible for payment pursuant to Section 42479(b)(1) of the Public Resources Code.

(G) The payment claim is deficient with regard to any of the following:

  1. CEW source documentation
  2. CEW transfer documentation
  3. CEW processing documentation
  4. Treatment residual disposition documentation
  5. Any other documentation required as part of a payment claim as specified in Sections 18660.22 through 18660.25 of this Chapter.

(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.

(c) If CalRecycle adjusts or denies a payment claim based on deficiencies in documentation specified in subsection (b)(1)(G) of this section, an approved recycler shall not resubmit as part of a future claim that same documentation, or any revised form of that documentation, seeking payment for those CEWs for which payment had been denied.

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 18660.31. Appeal of Denied or Adjusted Recycling Payment Claims.

(a) An approved recycler shall 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) An approved recycler shall include all of the following information in a written appeal:

(1) The recycler's name and identification number from its proof of approval.

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

(3) A copy of the recycling 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 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 42474(e)(3), 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.
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