Regulations governing the covered electronic waste (CEW) recovery and recycling program contain a provision that allows a Local Government to Designate an Approved Collector to act on its behalf to provide specified service to the Local Government.
On March 16, 2017, new emergency regulations became effective that modified the Designation provision. The new rules are intended to establish a clearer connection between the Local Government and the Designated Approved Collector, as well as ensure that necessary information is available for the Local Government to complete annual Form 303 reporting requirements.
Details of the recent rulemaking are available in the rulemaking archives.
Provided below are questions and answers relating to the Designation provision and associated limitations and requirements.
- What is a Designation?
A Designation is an arrangement established by a California Local Government with an approved collector in the Covered Electronic Waste (CEW) recovery and recycling program. The Designation allows the approved collector to provide CEW collection services on behalf of the Local Government as a Designated Approved Collector. [See 14 CCR 18660.47(a)(1)]
- What is a Local Government?
For the purposes of issuing a Designation, a Local Government is defined as “…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.” This definition provides flexibility to accommodate the ranges of local government entities that may responsible for public waste and recycling services. [See 14 CCR 18660.47(a)(2)]
- Why were the Designation rules revised?
The Designation provision in the CEW recovery and recycling program is a useful tool that allows Local Governments to provide electronic waste recycling services to their communities. However, as previously constructed, the Designation regulations did not properly emphasize the prerogative of the Local Government or the role that a Designation plays in local household hazardous waste (HHW) programs. The changes are intended to ensure that the Designated Approved Collector is acting only within a specified scope while conducting a service on behalf of the Local Government and is able to provide the Local Government with necessary information.
- Must a Local Government issue a Designation?
No. The option to issue a Designation or not is solely within the discretion of the Local Government.
- May a Local Government issue a Designation to more than one Designated Approved Collector?
Yes. The option to issue a Designation to more than one Designated Approved Collectors is solely within the discretion of the Local Government.
- What is a Proof of Designation (Form 184)?
A Proof of Designation (Form 184) is a document issued by a California Local Government to a Designated Approved Collector. CalRecycle provides Form 184 for use by a California Local Government when establishing and issuing a Designation. The Proof of Designation details the scope of services that a Designated Approved Collector may conduct on behalf of the Local Government [see 14 CCR § 18660.49(b)]. The appropriate Local Government representative is an individual authorized to execute agreements or contracts related to waste management on behalf of the Local Government. The appropriate Designated Approved Collector representative is an individual that is an authorized signatory listed in the collector’s application for approval in the CEW recovery and recycling program.
Once completed and certified to, a copy of the Proof of Designation must be transmitted to CalRecycle by the Local Government at least 30 days before its use by the Designated Approved Collector [see 14 CCR § 18660.49(c)].
The template for Form 184 can be found on the CEW Payment System Forms and Documents page.
- Is it okay if a Designated Approved Collector transmits the completed Proof of Designation to CalRecycle
on behalf of the Local Government?
No. The Local Government initiates the Designation and is responsible for mailing or emailing the completed Proof of Designation to CalRecycle [see 14 CCR § 18660.49(c)].
- What is the status of existing valid Designations?
A valid Designation issued prior to the effective date of the new regulations (March 16, 2017) may remain valid for no more than 180 days or until the end date specified on an existing Proof of Designation, whichever is sooner.
- Will CalRecycle notify the Local Government once they receive a copy of the Proof of
CalRecycle will respond to the Local Government with an acknowledgement of receipt. CalRecycle may follow-up with the Local Government if the Designation is incomplete or otherwise deficient.
- Will CalRecycle “approve” Designations?
No. The issuance of a Designation is the prerogative of the Local Government. However, CalRecycle may terminate a Designation prior to its use. [See 14 CCR 18660.51(b)]
- What happens if there are deficiencies on the Proof of Designation? Will the 30-day “notification”
A Local Government must transmit to CalRecycle a copy of the Proof of Designation at least 30 days prior to its initial use. This 30-day “notification” will not reset. If there are deficiencies in the Proof of Designation, CalRecycle will communicate with the Local Government with the intent to resolve. If the Proof of Designation remains unresolved and deficient, CalRecycle may terminate the Designation prior to its use. [See 14 CCR 18660.51(b)]
- What is Form 303 and what is the connection to a Designation?
The new Designated Approved Collector rules clarify that a Designation “…constitutes a local program subject to Form 303 reporting requirements…”. Under 14 CCR, Division 7, Chapter 9, Article 6.3, Local Governments must plan for the management of household hazardous waste (HHW) generated within their jurisdiction. The Form 303 is an annual report by which Local Government reports on the types of HHW programs and the amount of HHW material management during the preceding reporting period (July 1 through June 30). For more info on HHW reporting, visit the Form 303 webpage.
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…” so that the information can be incorporated into the Form 303 report. In establishing a Designation, a Local Government may impose more frequent reporting requirements upon the Designated Approved Collector. Additionally, CalRecycle may request copies of any reports that the Designated Approved Collector should have provided the Local Government. [See 14 CCR 18660.48(b)]
- What happens if the Local Government determines that the Designation is unwanted?
A Local Government may terminate a Designation at its discretion, including prior to the end date [see 14 CCR 18660.51].
Completing Form 184
Designations are issued by a California Local Government. The Local Government may use Form 184 (Proof of Designation) to specify and describe the scope of the Designation. The Local Government must transmit a copy of the Proof of Designation to CalRecycle at least 30 days in advance of its use.
Designating Local Government
Name of the designating California city, county, city and county, joint powers authority, or public service district responsible for household hazardous waste or residential waste management planning or services.
Designated Approved Collector / CEWID #
Name of the Designated Approved Collector and its associated covered electronic waste identification number (CEWID #).
Designation Begin/End Dates
The Designation begin date is the date the Designation is issued by the Local Government. The Designation begin date must be at least 30 days prior to any CEW collection activity conducted under the Designation. The Designation end date is the prerogative of the Local Government, however a Designation may remain valid only while an Approved Collector maintains active standing in the CEW program.
Geographic Area of Service
Description of the geographic area to be served by the Designation Approved Collector under the Designation. Typically this is limited to those areas under which a Local Government exerts jurisdictional authority and may be further limited as warranted.
Location(s) of Authorized Collection Activities
Specific location(s) of CEW collection activities conducted under the Designation. Please attach additional documents as necessary to account for authorized CEW collection locations.
Method of Collection Activities
Indicate the method of CEW collection authorized under the Designation by initialing each authorized method (e.g. drop-off, curbside, illegal disposal clean-up, special events, etc.). Note that CEW collection of five or more devices from a non-residential source may not be conducted within the scope of a Designation and is subject to full source documentation under 14 CCR 18660.20(j)(1)(C)]
Description of Authorized Collection(s)
Describe the CEW collection activities to be provided by the Designated Approved Collector. Please attach additional documents as necessary to account for authorized CEW collection activities. Note that CEW collection of five or more devices from a non-residential source may not be conducted within the scope of a Designation and is subject to full source documentation under 14 CCR 18660.20(j)(1)(C)]
Designating Authority Representative/Certification
The name and contact information of the Local Government representative authorized to issue the Designation, including a signed and dated certification.
Other Local Government Contact
The name and contact information for a Local Government authorized to be a contact person, if different from the previous contact.
Designated Approved Collector Contact/Certification
The name and contact information of the Designated Approved Collector representative listed in the Approved Collector’s CEW program application pursuant to 14 CCR 18660.11, including a signed and dated certification.
Completed Form 184 must be transmitted by the Local Government either by mail:
Electronic Waste Recycling Program, Participant Management, MS #9
1001 I Street, P.O. Box 4025
Sacramento, CA 95812-4025
Or email at: firstname.lastname@example.org
Where can I find regulations specific to Designations?
Most regulation pertaining to Designations can be found in Title 14 of the California Code of Regulations (CCR), Division 7, Chapter 8.2, Article 7. Portions may also be found in Article 1 (General Definitions) and Article 2.2 (Requirements for an Approved Collector)
Who can I contact at CalRecycle if I have specific questions relating to the Designation rules?