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§ 2650. Curbside Registration Application Review and Renewal.

14 CA ADC § 2650Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 2. Department of Conservation
Chapter 5. Division of Recycling
Subchapter 8. Curbside Programs
Article 1. Curbside Registration
14 CCR § 2650
§ 2650. Curbside Registration Application Review and Renewal.
(a) The Division will issue a registration number to all eligible curbside programs in order to facilitate the auditing of payments made to curbside programs, and proper payment of refund values, processing payments, supplemental payments, quality glass incentive payments and administrative fees. No curbside program may receive refund values, processing payments, supplemental payments, quality glass incentive payments or administrative fees without a valid registration number.
(b) The registration number issued shall be valid for a maximum of two years. All registration numbers expire on the anniversary of the original application approval date. The curbside program shall submit a completed Application for Curbside Registration, DOR 50 10/99, for renewal, at least 30 days prior to the expiration date of the registration number. The application may be obtained from the Division upon request. The renewal application shall be subject to the same standards and requirements as the original application.
(c) Upon receiving a request for a registration number from a curbside program, the Division shall furnish the curbside operator with an “Application for Curbside Registration” DOR 50 10/99, which shall be used to apply for a new registration number or for renewal of a current registration number. In addition to submitting the completed application, the curbside program operator shall supply to the Division the following information:
(1) A dated and signed copy of a contract or franchise agreement acknowledging the curbside program and the expiration date of the contract or franchise agreement, and identification of the public official responsible for oversight of the contract or franchise agreement, including the official's title, address, and phone number; or
(2) A letter prepared by the operator or the public official, and bearing the signature of the city, county or other public agency's chief administrative officer, or his or her designee, verifying that the program operates with the full knowledge and concurrence of the city, county, or public agency.
(d) The application (DOR 50 10/99) shall be completed by providing the following information:
(1) The operator's organization name; parent company name and fictitious business name statement, if applicable; business and mailing address; telephone number; federal employer identification number and the name and title of the individual responsible for completing the application.
(2) The date the program started, or proposes to start operation.
(3) The operator's type of organization, whether an individual, partnership, profit corporation, nonprofit corporation, limited liability company, husband and wife co-ownership, local government agency, federal agency, joint power of authority, or other type of organization.
(A) If the organization or individual is doing or proposing to do business under a different name, the applicant shall provide a copy of their fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement.
(C) If the organization is a corporation, the applicant shall provide the corporate number, the Articles of Incorporation, name and position of all current corporate officers as filed with the Secretary of State, and the agent for service of process.
(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.
(E) If the organization is a husband and wife co-ownership, both names shall be provided.
(F) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, and the agent for service of process.
(G) If the organization is a limited liability company (LLC) from a state other than California, the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, the agent for service of process and a copy of the certificate from the California Secretary of State authorizing the LLC to transact business in California.
(H) If the organization is a local government agency, federal agency or a joint power of authority, the applicant shall provide a copy of the authorizing resolution from the governing board.
(4) A map of the areas serviced by the program and the number of single and multiple family residences and apartment units served by the program.
(5) Whether the operator of the curbside program is currently certified by the Division and a list of valid certification numbers, if applicable.
(6) A description of the program including a listing of the types of residences and/or businesses served by the program.
(7) Whether recyclables are sorted or mixed at the point of collection.
(8) A description of the collection containers used by the program.
(9) If a separate company sorts the curbside materials after collection, the sorter company name, address, telephone number and contact person.
(10) The name and certification number of the recycling centers and/or processors to which materials collected by the curbside program are most often sold and the type(s) of material sold.
(11) The name and address of the public agency responsible for the oversight of the contract or franchise agreement and the name, title and telephone number of the public agency contact person as well as the community or communities served by this curbside program.
(12) The frequency that curbside materials are collected.
(13) The method of collection for materials in residential areas.
(14) The types of recyclable materials the curbside program accepts or collects.
(15) The name, residence address, including city and zip code, residence phone number, and driver license number of the applicant(s).
(e) The curbside program operator shall submit to the Division the local public agency authorization described in subsection (c) above and the completed application signed by the operator under penalty of perjury. The signature block shall contain an affidavit that the information in the application is true and that the operator agrees to operate in compliance with the Act and these regulations.
(1) If the operator is a partnership, each partner shall sign the application.
(2) If the operator is a firm, association, corporation, LLC, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with the authority to legally bind the entity to a contract.
(3) If the operator is a husband and wife co-ownership, both husband and wife shall sign the application.
(f) All applications for curbside registration shall be reviewed by the Division for compliance with the Act and these regulations. Within 15 working days of receiving the Application for Curbside Registration, DOR 50 10/99 and local public agency authorization, the Division shall notify the curbside program, in writing, that the requested information is complete and accepted for filing with the Division, or incomplete and the reasons for the incompleteness. If incomplete, the Division shall specify the additional information necessary before a registration number will be issued. Upon determining that an application is complete, the Division shall notify the applicant in writing within forty-five (45) calendar days that the application is either approved, approved for probationary status or denied and the reason(s) for denial.
(g) A curbside program shall meet all standards and requirements for registration contained in section 14551.5 of the Act and in these regulations.
(h) Reasons for denial of an Application for Curbside Registration, DOR 50 10/99, are:
(1) Failure to provide information or documentation to complete the application as required in these regulations;
(2) The curbside program is unwilling to accept all beverage container types;
(3) The curbside operator, the curbside program or other individuals identified in the application have a history which demonstrates a pattern of operation in conflict with the requirements of the Act.
(i) The curbside program shall provide its registration number on all reports required by the Division and shall provide its registration number to certified recyclers and processors at the time it delivers recyclables.
(j) The operator of a curbside program shall notify the Division in writing ten (10) calendar days prior to any of the following events:
(1) Change of name under which the curbside program is doing business,
(2) Change of address or phone number of operator,
(3) Separation from parent company, if applicable,
(4) Merger with another company,
(5) Discontinuance of operation,
(6) Expiration of, or cancellation of, contract or franchise agreement with the city, county, or local public agency, or
(7) Change or retraction in the acknowledgment of the curbside program by the authorized public agency.
(k) Notification of any events listed in (j) above may result in cancellation of the registration number by the Division.
(l) Any curbside program information of a personal or proprietary nature that is retained by the Division shall be confidential. The data shall only be released on a cumulative basis, and without identification of any individual operator by name, number or location of operation.

Credits

Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14509.5, 14549.1, 14551.5, 14554, 14571.8 and 14573.5, Public Resources Code.
History
1. Renumbering and amendment of former section 2950 to section 2650 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. Amendment of subsections (d) and (f) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. Amendment of subsection (a) and Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation.
4. Amendment of subsection (a) and Note refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation.
5. Amendment of article 1 heading, section heading, section and Note filed 7-20-2000; operative 8-19-2000 (Register 2000, No. 29).
This database is current through 4/5/24 Register 2024, No. 14.
Cal. Admin. Code tit. 14, § 2650, 14 CA ADC § 2650
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