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§ 2831. Operating Standards.

14 CA ADC § 2831Barclays 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 11.1. Out-of-State Importation
Article 2. Requirements and Limitations Applicable to Empty Beverage Container Material Imported into California
14 CCR § 2831
§ 2831. Operating Standards.
(a) Persons importing more than 25 pounds of aluminum, bimetal or plastic empty beverage container material, or more than 250 pounds of glass empty beverage container material, into this State for storage, sale, transfer or export shall operate in accordance with all of the following requirements.
(1) Persons importing empty beverage container material in a motor vehicle shall enter this State only through an open and staffed plant quarantine inspection station maintained pursuant to Section 5341 of the Food and Agricultural Code.
(2) Persons importing empty beverage container material shall complete and sign all appropriate sections of the Imported Material Report for each load of imported empty beverage container material entering this State.
(3) Persons importing empty beverage container material shall maintain copies of all Imported Material Reports, proofs of inspection, and other documentation, and shall provide copies to officials inspecting and persons receiving the material, in accordance with the requirements set forth in this Subchapter and Sections 2085 and 2090 of these regulations. The requirement to provide and maintain these records is in addition to the documentation requirements of any other laws applicable to the storage, transportation, delivery, sale, or transfer of the material.
(4) Persons importing empty beverage container material shall not deliver any imported empty beverage container material to a facility registered by the Division as a curbside program or certified by the Division as a recycling center, dropoff or collection program, or community service program.
(5) Persons importing empty beverage container material may deliver imported empty beverage container material to a certified processor, including the processor at a dual-certified entity, but the material is ineligible for refund value or other recycling program payments. Dual-certified entities shall receive empty beverage container material imported into this State only as a processor.
(6) Persons importing empty beverage container material may deliver the material to a junk dealer, as defined in Section 21601 of the Business and Professions Code, that is not registered by the Division as a curbside program or certified by the Division as a recycling center, dropoff or collection program, or community service program, but the material is ineligible for refund value or other recycling program payments.
(A) Aluminum empty beverage container material imported into this State and delivered, sold, or transferred to a junk dealer is ineligible for refund value and other recycling program payments and shall be handled as nonferrous material subject to the laws governing scrap metals and alloys in accordance with article 3 of chapter 9 of division 8 of the Business and Professions Code (commencing with Section 21600).
(7) Persons importing empty beverage container material weighing more than 100 pounds shall obtain and retain a weight ticket issued by a weighmaster licensed, certified, registered, or otherwise officially credentialed by the applicable jurisdiction describing the material and indicating the weight for each individual load of empty beverage container material. A separate weight ticket shall be prepared and retained for each load by material type. The weight tickets shall be maintained attached to the corresponding Imported Material Report.
(8) Persons importing empty beverage container material shall not receive any refund value or other recycling program payments for the material.
(9) Persons importing empty beverage container material shall cooperate fully with any California Department of Food and Agriculture inspector, Division staff person, law enforcement officer, or other appropriate official to fulfill the purposes of Section 14596 of the Act and these regulations, including declaring the material at the inspection station, providing an Imported Material Report with the appropriate sections completed and the proper supporting documents attached, offering the material for inspection, following directions for completing the inspection, preparing, submitting, and maintaining the required records, making available for review and examination all records related to the material, providing full, true and correct information, delivering the material with all required documentation to the destination indicated on the Imported Material Report, and granting access to records, premises, equipment, facilities, and operations.
(b) Persons receiving imported empty beverage container material shall operate in accordance with all of the following requirements.
(1) Persons receiving imported empty beverage container material shall not take delivery of any imported empty beverage container material that is not accompanied by a proof of inspection and an Imported Material Report that has the appropriate sections completed, has the proper supporting documents attached, correctly identifies the delivery location, and accurately describes the material.
(2) Persons receiving imported empty beverage container material shall inspect each load of material to determine whether the material matches the description on the accompanying Imported Material Report.
(3) Persons receiving imported empty beverage container material shall prepare weight tickets describing the material and indicating the weight for each individual load of imported empty beverage container material received. A separate weight ticket shall be prepared for each material type received. Weight tickets for loads of material weighing more than 100 pounds shall be issued by a weighmaster licensed pursuant to Chapter 7 of Division 5 of the Business and Professions Code (commencing with section 12700). A copy of each weight ticket shall be provided to the person delivering the material.
(4) Persons receiving imported empty beverage container material shall complete and sign all appropriate sections of the Imported Material Report upon taking delivery of the material.
(5) Persons receiving imported empty beverage container material shall not pay, claim, or receive any refund value or other recycling program payments for the material.
(6) Persons receiving imported empty beverage container material shall cooperate fully with any California Department of Food and Agriculture inspector, Division staff person, law enforcement officer, or other appropriate official to fulfill the purposes of Section 14596 of the Act and these regulations, including preparing and completing all required documentation, providing full, true and correct information, and granting access to records, premises, equipment, facilities, and operations.

Credits

Note: Authority cited: Sections 14530.5(b), 14536, 14596 and 14599, Public Resources Code. Reference: Sections 14538(d)(5), 14538(d)(6), 14539(d)(5), 14539(d)(6), 14539.5(b), 14551.5, 14552, 14553, 14572, 14573.6, 14595, 14595.4, 14595.5 and 14596, Public Resources Code.
History
1. New article 2 (sections 2831-2831.5) and section 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 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 2831, 14 CA ADC § 2831
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