California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7

Chapter 8.2. Electronic Waste Recovery and Recycling

Article 7. Designated Approved Collectors

Section 18660.47. Definitions

(a) For the purposes of this Chapter, the following shall apply

(1) "Designation" means an arrangement that a Local Government initiates with an approved collector so that the approved collector shall act as a Designated Approved Collector and provide CEW collection services on behalf of the Local Government. The Designation constitutes a local program subject to Form 303 reporting requirements pursuant to Section 18751.2 of this Title. Details and evidence of the Designation are specified in a Proof of Designation pursuant to Section 18660.49(b).

(2) "Local Government" means a California city, county, city and county, a joint powers authority, or public service district responsible for household hazardous waste or residential waste management planning or services.

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.


Section 18660.48. Additional Requirements for Designated Approved Collectors.

(a) A Designated Approved Collector is subject to all collection log requirements pursuant to Section 18660.20(j)(1), except those CEW collection activities occurring under a Designation are not subject to the requirements in Section 18660.20(j)(1)(B). All other requirements in this Chapter that apply to approved collectors also apply to Designated Approved Collectors.

(b) A Designated Approved Collector shall provide the Local Government with a report of all CEW collection activities conducted pursuant to the Designation at least annually on or before September 1 of every calendar year covering the preceding reporting period of July 1 through June 30 for the purposes of incorporating as warranted that information in the Local Government Form 303 reporting.

(1) The Local Government may require more frequent CEW collection activity reports from a Designated Approved Collector.

(2) A Designated Approved Collector shall upon request provide CalRecycle a copy of any reports provided, or that should have been provided, to the Local Government.

(c) A Designated Approved Collector, while acting on behalf of a Local Government, shall only conduct CEW recovery activities that fall within the scope and jurisdictional boundary of the Designation as specified in the Proof of Designation.

(d) A Designated Approved Collector shall provide evidence of the applicable Proof of Designation to another approved collector or approved recycler at the time CEW and associated collection documentation are transferred from the Designated Approved Collector to another approved collector or approved recycler.

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.


Section 18660.49. Proof of Designation.

(a) A Local Government shall issue a Designation at least 30 days in advance of any CEW collection activity conducted by the Designated Approved Collector pursuant to 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 beginning and end dates of the Designation;

(2) The geographic area within which the Designated Approved Collector may provide CEW collection services on behalf of the Local Government and the location(s) at which the collection service is provided;

(3) The method and description of CEW collection activities to be provided by the Designated Approved Collector (e.g., drop-off receipt, curbside service, illegal disposal clean-up, or special events);

(4) Contact information for the Local Government designating authority. The 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 jurisdiction;

(5) A certification signed by a representative of the Local Government stating the following:

(A) The representative is authorized to execute agreements or contracts related to waste management on behalf of the Local Government; and

(B) The representative has read and understands all applicable laws and regulations governing the Electronic Waste Recovery and Recycling Program; and

(C) The representative agrees that the Local Government shall operate in compliance with those applicable laws and regulations; and

(D) The representative certifies that the Proof of Designation contains true and correct information to the best of the representative's knowledge.

(6) A certification statement signed by a representative of the Designated Approved Collector affirming the representative is an authorized signatory listed in the application for approval pursuant to Section 18660.11, and that 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) When a Designation is issued by the Local Government, the Local Government shall transmit a copy of the Proof of Designation to CalRecycle either by electronic mail or by mail postmarked at least 30 days in advance of any use of the Designation to:

CalRecycle
Attention: Electronic Waste Recycling Program, Participant Management, MS #9
1001 I Street, P.O. Box 4025
Sacramento, CA 95812-4025
ewaste@calrecycle.ca.gov

(d) A valid designation issued prior to the effective date of this regulation may remain valid for no more than 180 days after the effective date of this regulation.

(e) A Local Government that has issued a valid designation to a Designated Approved Collector prior to the effective date of this regulation shall issue a new Designation pursuant to this Article within 150 days of the effective date of this regulation.

(f) A Designated Approved Collector shall immediately notify the Local Government of any changes in contact information or operational status.

(g) A Local Government shall immediately notify CalRecycle of any changes in a valid Designation regarding representatives identified pursuant to subsections (b)(4), (b)(5), or (b)(6) of this section.

(h) Prior to the end date of a valid Designation, a Local Government may amend the Designation to modify the scope established pursuant to subsections (b)(l), (b2), or (b)(3) of this section.

(1) The Local Government shall immediately notify CalRecycle and the Designated Approved Collector 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)(l) of this section.

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.


Section 18660.50. Invalidation of Designation.

(a) A Designation issued to a Designated Approved Collector shall be invalid if the collector's approval status is expired, suspended, or revoked, or if the collector withdraws from being an approved collector.

(1) A Designation invalidated due to expiration or suspension of a collector's approval shall be valid again upon reinstatement by CalRecycle of a collector's approval status unless a Local Government acts to terminate the Designation pursuant to section 18660.51(a).

(2) A Designation invalidated due to a revocation of a collector's approval status or a collector's withdrawal from being an approved collector may be reissued as a new Designation pursuant to this Article at the discretion of the Local Government once the approval status of the collector has been restored.

(b) An approved collector whose Designation is invalid pursuant to subsection (a) shall immediately notify the Local Government that issued the Designation of the circumstances leading to the change in the collector's approval status and that the Designation is invalid until the approval status is reinstated.

Note:

Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code.
Reference: Sections 42463(b), 42475(a), 42476, 42477, 42478 and 42479 Public Resources Code.


Section 18660.51. Termination of Designation

(a) A Local Government may terminate a Designation at its discretion. If a Local Government terminates a Designation, it shall immediately notify the Designated Approved Collector and CalRecycle of the effective date of the termination.

(b) CalRecycle may terminate a Designation if the Local Government or the Designated Approved Collector violates any applicable laws or regulations, including the requirements in this Article. If CalRecycle terminates a Designation, it shall immediately notify the Designated Approved Collector and the Local Government of the effective date of the termination.

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.

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