§ 2620. Obtaining Division Approval.
14 CA ADC § 2620Barclays Official California Code of Regulations
14 CCR § 2620
§ 2620. Obtaining Division Approval.
Operators of dropoff or collection programs shall be paid the applicable statewide average commingled rate, determined by the Division, for commingled beverage container material types, unless the Division approves an individual commingled rate for their program. Individual commingled rates may be approved for one or more material-types which have an existing statewide commingled rate. Operators of dropoff or collection programs who wish to apply for an individual commingled rate shall submit a completed Individual Commingled Rate Application (ICRS-APP (07/00)) in the form and manner required by this section. The applicant shall request approval to conduct an individual commingled rate survey using either the Division's individual commingled rate methodology specified in subsection (c), or an alternative methodology submitted by the applicant. A total of six weekly surveys shall be conducted on a bimonthly basis beginning in October and ending no later than the second full week of the following September. Individual commingled rates that are approved by the Division, shall be effective from January 1 through December 31 of the year following the survey period.
(a) At least 60 days prior to the commencement of the surveys, which begin in October, the Division shall notify operators of dropoff or collection programs of the opportunity to perform an individual commingled rate survey. An operator of a dropoff or collection program wishing to conduct an individual commingled rate survey shall contact the Division to obtain the Individual Commingled Rate Application (ICRS-APP (07/00)).
Annual Survey Sample Size
Plastic (all resins)
(2) Upon determining the annual survey sample size, the program shall calculate the daily sample size by dividing the annual survey sample size, specified in the chart above, by the total number of days the survey will be conducted during the entire annual survey. Once the daily sample size is determined for each material type, this will remain the daily sample size throughout the entire annual survey period for that material type.
(3) Surveys shall be conducted for one regular workweek during each two-month sample period at pre-established dates, times, and places as indicated on the Individual Commingled Rate Application (ICRS-APP (07/00)) submitted to the Division. Surveys shall not be scheduled for weeks containing holidays or other days the program is not in operation, and shall be equally distributed throughout the survey period.
In performing a sample analysis, weight shall be measured, recorded, and reported in pounds and fractions thereof. All weighing in this state shall be done on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) and any applicable regulations thereunder.
(8) The completed original Daily Data Collection Sheet, and the Weekly Summary Sheet shall be confirmed to be complete, accurate, and consistent with the methodology approved for that program and shall be submitted to the Division for review, verification, and approval at the conclusion of each two-month survey period and must be submitted no later than the 15th day of the month following the survey period.
(d) Dropoff or collection programs proposing to alter the Division's methodology or create their own alternative methodology must apply for Division approval, in advance, pursuant to section 2625 of these regulations. A proposed alternative methodology must equal the Division's methodology in the accuracy of estimation and level of confidence in the estimation. The alternative methodology must be described in adequate detail to determine the accuracy of estimation and level of confidence in the estimation.
(e) Determination by the Division that a program has deviated from an approved methodology, demonstrated a significant lack of quality control, or misrepresented their survey results shall result in the termination of the individual commingled rate survey and/or disapproval or revocation of the individual commingled rate and a reversion to the statewide average commingled rate. The Division's adverse action may be appealed pursuant to section 2645 of these regulations.
(f) The Division shall disapprove individual commingled rates that are based on terminated surveys. The Division shall notify the applicant of such disapproval within thirty (30) calendar days of the determination that a program has deviated from an approved methodology, demonstrated a lack of quality control, or misrepresented survey results.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7 and 14552(a), Public Resources Code.
1. New article 3 (sections 2620-2635) and section 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.
2. 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).
3. Amendment filed 1-26-2001; operative 1-26-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
4. Amendment of subsection (c)(8) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
This database is current through 5/26/23 Register 2023, No. 21.
Cal. Admin. Code tit. 14, § 2620, 14 CA ADC § 2620
|End of Document|