§ 2000. Definitions.
14 CA ADC § 2000Barclays Official California Code of Regulations
14 CCR § 2000
§ 2000. Definitions.
(a) In addition to the definitions provided in the California Beverage Container Recycling and Litter Reduction Act, except for subdivisions (a)(3.1), (10), (20), (21), (35), (37), (38), (40) and (42) below which modify definitions in the Act for purposes of these regulations, the following definitions shall apply whenever the terms are used in this chapter.
(3.1) “Beneficiating Processor” means any processor certified by the department who sells cullet to another certified processor or to a glass container manufacturer during the three months preceding the month in which scrap value data is reported to the Division and who beneficiates purchased cullet so that the cullet either:
(A) meets the American Society for Testing and Materials (ASTM) standard specification for waste glass as a raw material for the manufacture of glass containers [E708-79 (Reapproved 1988) Standard Specification for Waste Glass As A Raw Material For The Manufacture of Glass Containers. Current Edition Approved Nov. 30, 1979: published January 1980, see appendix A]; or,
(C) Notwithstanding, the other provisions of this section, any certified processor shall not be considered a beneficiating processor if fifty percent (50%) or more of the cullet purchased by that processor during the survey month in which the scrap value data is reported was purchased as beneficiated cullet.
(E) Any empty beverage container shall be deemed cancelled when it is permanently exported from the State and export verified in accordance with subsections 2420(d)(1), (2) and (3) of these regulations provided that, if aluminum beverage containers, they are first densified to no less than 15 pounds per cubic foot, or shredded.
(9) “Clearly and Prominently” means that the redemption message is displayed so that it is easily found and read by consumers and recyclers. Each letter comprising the message is complete, legible, and cannot be readily obscured. Other factors include boldness, width, spacing, and location of lettering. The message must be distinguishable from refund messages of other states.
(10) “Commingled” means a mix of empty beverage containers and other containers of the same material type. Any broken glass empty beverage container(s) purchased from consumers, dropoff or collection programs, or community service programs shall be deemed commingled. Any broken or partial beverage container(s) or rejected, line breakage or out-of-state containers shall not be included when performing a survey methodology to arrive at an individual commingled rate or statewide average commingled rate. Dropoff or collection, curbside and community service programs' individual commingled rate shall be determined pursuant to subsection 2620 through 2645, 2660 through 2685, and 2720 through 2745, respectively. The statewide average commingled rates shall be determined by the Division pursuant to subsections 2900(a)(1)(B) and section 2930 of these regulations.
(11.1) “Consolidated Shipping Report” documents the delivery and receipt of material for processors or recycling centers that operate multiple recycling centers or receive material from dropoff or collection programs, community service programs, or curbside programs and is prepared pursuant to subsection 2090(f) of these regulations.
(20) “Dropoff or Collection Program” means a recycling program which does not pay refund value and accepts or collects empty beverage containers, and which cannot qualify as a curbside program as defined in Section 14509.5 of the Act. “Dropoff or Collection Program” also means a program which separates recyclables from mixed municipal waste. “Dropoff or Collection Program” does not mean a program which accepts or collects recyclable materials which have already been separated from mixed municipal waste. Dropoff or Collection Program includes a Neighborhood Dropoff Program which meets all of the criteria in Section 14514.4.1 of the Act.
(27.5) “Interested person” means a supermarket, dealer, certified recycling center, person with a pending certification application, located in or in close proximity to the zone under consideration for an exemption or revocation of an exemption, or a local government agency with jurisdiction over the area where the zone under consideration for an exemption or revocation is located.
(29.5) “Low volume” means an average monthly volume, as defined at Section 14503.5 of the Act, which is less than the statewide average monthly volume of recycling centers in convenience zones. Average monthly volumes shall be calculated annually and shall apply during the calendar year immediately following the calculation.
(32.4) “Notice of Denial” (NOD) means a notice sent to program participants denying requests for program payments, including handling fees, for reason(s) indicated on the notice. Handling fee notices will be sent for each denied site and will explain why the site was denied during a particular month.
(35) “Processor” means any person, including a scrap dealer, who purchases or offers to purchase empty beverage containers from more than one recycling center in this state and is responsible for cancelling empty beverage container(s) in a manner prescribed in section 2000(a)(4) of these regulations.
(41) “Rejected Container” means a California redemption-labeled beverage container, which a container manufacturer or beverage manufacturer elects to recycle or dispose of without paying any applicable processing fee, or which a distributor elects to recycle or dispose of without paying the redemption payment. “Rejected containers” includes container tops, lids, or other components which bear the message as required in Section 14561 of the Act.
(41.05) “Representation of Materials” means a typical collection of commingled container materials, of the same material type, representing a ratio of empty beverage containers and all other containers collected by the program and surveyed by the operator to determine an individual commingled rate for dropoff or collection, community service, or curbside programs.
(41.1) “Rural Region” means a non-urban area identified by the Division on an annual basis using Farmers Home Administration criteria. Such criteria for area include, but are not limited to, places, open country, cities, towns, or census designated places with populations less than 10,000. Areas with populations between 10,000 and 50,000 may be designated as rural unless identified as part of, or associated with, urban areas, as determined by the Department on a case by case basis.
(41.2) “Scrap”, for purposes of these regulations, is any recyclable container, including food or drink packaging material, other beverage containers, other nonredeemable containers, out-of-state beverage containers, line breakage or rejected containers, of the same material composition as redeemable containers covered by the Act.
(44) “Shipping Report” is the documentation of the receipt of material by a processor, or by a recycling center from another recycling center, dropoff or collection program, community service program, or curbside program. The shipping report is the basis for payments by the Division pursuant to Section 14573 of the Act.
(47.2) “Total Net Payment”, as used in subparagraph (a)(42) of this section and section 2425, means the amount paid for the reported monthly weight after deductions (e.g., transportation service) and additions (e.g., freight allowance) pertinent to the specific sales transaction have been made. “Total net payment” includes positive, zero and negative dollar amounts, as applicable. This subsection is not intended to relieve a processor of its obligation to pay refund value, administrative and processing payments pursuant to Sections 14539(b)(3) of the Act and sections 2400 and 2430 of this chapter.
(47.3) “Urban Area” means an area identified by the Division on an annual basis using Farmers Home Administration criteria. Such criteria for area include, but are not limited to, densely settled areas of continuous residential development with minimum population of 50,000. Areas with populations less than 50,000 and greater than 10,000 may be designated as urban unless identified as part of, or associated with, rural areas, as determined by the Department on a case by case basis.
Credits
Note: Authority cited: Sections 14530.5(b), 14536(b), 14536.1 and 14599, Public Resources Code. Reference: Sections 14500, 14501(f), 14503, 14503.6, 14504, 14505, 14506.5, 14509.5(b), 14511.7, 14512, 14512.5, 14513, 14514.4.1, 14514.7, 14517, 14518, 14518.5, 14519.5, 14520, 14520.5, 14520.6, 14522.5, 14524, 14525.5.1, 14526, 14530, 14530.2, 14536(a), 14537, 14538, 14539, 14550, 14552, 14561, 14571.2, 14571.8(b), 14572, 14573, 14573.5, 14573.51, 14574, 14575(a) and 14575(b), Public Resources Code.
History
1. Renumbering and amendment of former sections 2120, 2500, 2550, and 2800 to section 2000, and amendment of existing section 2000 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Editorial correction of printing errors in subsections (a), (a)(10), (a)(33), (a)(38) and (a)(42) (Register 92, No. 13).
3. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
4. Amendments of definitions for “Collection Program” and “Redeem” and new definition for “Location” filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
5. New subsection (a)(34.5) filed 12-26-91 as an emergency; operative 12-26-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 4-24-92 or emergency language will be repealed by operation of law on the following day.
6. Amendment filed 4-9-92 as an emergency; operative 4-9-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 8-7-92 or emergency language will be repealed by operation of law on the following day.
7. Repealer of emergency amendment filed 12-26-91 and reinstatement of prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
8. Emergency regulations filed 4-9-92 readopted 10-5-92; operative 10-5-92 (Register 92, No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or emergency language will be repealed by operation of law on the following day.
9. Emergency regulations filed 4-9-92, including amendments: new subsections (a)(3.1)-(a)(3.1)(c), amendment of subsection (a)(35), repealer and new subsection (a)(42), amendment of Note, and new Appendix A refiled 12-21-92 as an emergency; operative 12-21-92 (Register 92, No. 52). A Certificate of Compliance must be transmitted to OAL 4-22-93 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a)(4)(D) and (a)(42), new subsection (a)(32.1), and amendment of Note filed 12-30-92 as an emergency; operative 12-30-92 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-29-93 or emergency language will be repealed by operation of law on the following day.
11. Editorial correction of printing error (Register 93, No. 1).
12. New subsections (a)(9.5), (22.5), (27.5), (29.5) and (49) filed 3-29-93; operative 4-28-93 (Register 93, No. 14).
13. Amendment of subsections (a), (a)(5)-(a)(7), (a)(20), (a)(25), (a)(33), (a)(40) and (a)(44), repealer of subsections (a)(10)-(a)(10)(D) and subsection renumbering, new subsections (a)(11)-(a)(11)(C) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
14. Certificate of Compliance as to 12-21-92 order including amendments transmitted to OAL 6-18-93 and filed 7-28-93 (Register 93, No. 31).
15. New subsections (a)(2.5), (a)(27.1), (a)(36.5) and (a)(47.2) and amendment of subsection (a)(10) and Note filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
16. Amendment of subsection (a)(22) and Note and new subsections (a)(32.2), (a)(41.1), and (a)(47.3) filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
17. New subsections (a)(2.5), (a)(27.1) and (a)(47.2) refiled 1-24-94 as an emergency, including additional amendments to subsections (a)(10) and (a)(32.2), new subsection (a)(41.05), repealer of subsection (a)(36.5) and amendment of Note; operative 2-3-94 (Register 94, No. 4). A Certificate of Compliance must be transmitted to OAL 6-3-94 or emergency language will be repealed by operation of law on the following day.
18. Reinstatement of section as it existed prior to emergency amendment filed 1-24-94 by operation of Government Code section 11346.1(f) (Register 94, No. 39).
19. Amendment of section and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
20. Amendment of subsections (a) and (a)(10), new subsections (a)(2.5), (a)(27.1), (a)(27.7), (a)(41.05) and amendment of Note filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsection (a)(7), new subsection (a)(7)(B) and amendment of Note filed 1-13-95 as an emergency; operative 1-13-95 (Register 95, No. 2). Pursuant to Public Resources Code section 14581.5(e)(2), a Certificate of Compliance must be transmitted to OAL by 7-12-95 or emergency language will be repealed by operation of law on the following day.
22. New subsection (a)(11.1) and amendment of Note filed 2-7-95; operative 2-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 6).
23. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
24. New subsection (a)(7)(A) refiled 7-7-95 as an emergency; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.
25. Repealer of subsection (a)(7)(A) and amendment of subsection (a)(42) and Note filed 12-22-95 as an emergency pursuant to Public Resources Code section 14536.1; operative 1-1-96 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-1-96 or emergency language will be repealed by operation of law on the following day.
26. Change without regulatory effect amending subsections (a)(40)(B) and (a)(47.2) filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
27. Editorial correction of section and History 25 (Register 96, No. 10).
28. Repealer of subsection (a)(7)(A) and amendment of subsection (a)(42) and Note refiled 6-26-96 as an emergency pursuant to Public Resources Code section 14536.1; operative 6-30-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-96 or emergency language will be repealed by operation of law on the following day.
29. Certificate of Compliance as to 6-26-96 order, including amendment of subsections (a)(2), (a)(3.1)(B)-(C), (a)(4)(B), new subsections (a)(4)(F)1. and 2. and amendment of Note, transmitted to OAL 10-22-96 and filed 12-6-96 (Register 96, No. 49).
30. New subsections (a)(27.55) and (a)(47.6) and amendment of subsection (a)(32) filed 7-24-98 as an emergency; operative 7-24-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-22-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
31. Editorial correction of History 30 (Register 98, No. 43).
32. Reinstatement of section as it existed prior to 7-24-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 13).
33. New subsection (a)(27.55), amendment of subsection (a)(32), new subsections (a)(42.1)-(42.2), amendment of subsection (a)(47.2), new subsections (a)(47.3) and (a)(47.5) and subsection renumbering filed 4-12-99 as an emergency; operative 4-12-99 (Register 99, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-9-99 pursuant to Public Resources Code section 14536.1 or emergency language will be repealed by operation of law on the following day.
34. New subsections (a)(3.2)-(a)(3.2)(C) and amendment of Note filed 6-3-99; operative 6-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 23).
35. Reinstatement of section as it existed prior to 4-12-99 action by operation of Government Code section 11346.1(f) (Register 99, No. 43).
36. Amendment of subsection (a)(20), new subsections (a)(27.3), (a)(30.5), (a)(30.7), (a)(32.3) and (a)(36.5), subsection renumbering, and amendment of subsection (a)(40)(B) and Note filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
37. Amendment of subsection (a)(20), new subsections (a)(27.3), (a)(30.5), (a)(30.7) and (a)(36.5), subsection renumbering, and amendment of subsection (a)(40)(B) and Note refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
38. Amendment of subsection (a)(20), new subsections (a)(27.3), (a)(30.5), (a)(30.7) and (a)(36.5), subsection renumbering, and amendment of subsection (a)(40)(B) and Note refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
39. Certificate of Compliance as to 8-11-2000 order, including repealer of subsections (a)(27.3) and (a)(30.5) and repealer and new subsection (a)(30.7), transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
40. Amendment of subsection (a)(27.7) filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
41. Change without regulatory effect repealing and reserving subsection (a)(19) and amending subsections (a)(37)-(38) and (a)(41) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
42. Change without regulatory effect amending subsections (a)(4)(B), (a)(37)-(38), (a)(40)(B) and (a)(41) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
43. Editorial correction of subsection (a)(33) (Register 2004, No. 20).
44. Amendment of subsection (a)(10) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
45. New subsections (a)(45.5)-(a)(45.5)(B)3. filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
46. New subsection (a)(47.5) filed 8-2-2012; operative 9-1-2012 (Register 2012, No. 31).
47. Repealer of subsection (a)(26) and amendment of Note filed 1-13-2014 as an emergency; operative 1-13-2014 (Register 2014, No. 3). Emergency amendments shall remain in effect until revised by the director of the Department of Resources Recycling and Recovery pursuant to section 14599 of the Public Resources Code.
This database is current through 3/10/23 Register 2023, No. 10.
Cal. Admin. Code tit. 14, § 2000, 14 CA ADC § 2000
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