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§ 2768. Operational Standards.

14 CA ADC § 2768Barclays Official California Code of RegulationsEffective: February 4, 2022

Barclays California Code of Regulations
Title 14. Natural Resources
Division 2. Department of Conservation
Chapter 5. Division of Recycling
Subchapter 9.5. Pilot Projects
Article 1. Requirements for Pilot Projects
Effective: February 4, 2022
14 CCR § 2768
§ 2768. Operational Standards.
Currentness
(a) Notwithstanding any other signage requirements, pilot project recyclers shall display signs as follows:
(1) Certification sign. Pilot project recyclers shall display a certification sign as provided in section 2065(a).
(2) Open sign. Pilot project recyclers, with the exception of those offering a drop service or pick up service, shall display an open sign as provided in section 2500(b).
(3) Hours of operation sign. Pilot project recyclers shall display a sign indicating their hours of operation as provided in section 2500(e).
(4) Price sign. Except as provided in subsection (c) of this section, pilot project recyclers shall display a price sign as provided in section 2500(e).
(5) Payment method sign. Pilot project recyclers issuing payment to consumers via a method other than as provided in section 2095 shall display a sign or provide a notice informing the consumers of all alternative forms of payment offered by the pilot project recycler.
(6) Other redemption locations. Pilot project recyclers offering a mobile service shall display a sign or provide a notice stating where and when the pilot project recycler redeems beverage containers. Pick up services are exempt from this requirement.
(7) Daily purchase limits. Pilot project recyclers shall display a sign or provide a notice informing consumers of the daily purchase limits provided in section 2768(e).
(8) Odd-sized containers. Pilot project recyclers providing a drop service or utilizing reverse vending machines shall display a sign or provide a notice on the drop bin or reverse vending machine explaining how the pilot project recycler will redeem odd-sized containers.
(9) Alternative recycling locations. Pilot project recyclers providing a drop service or utilizing reverse vending machines shall display a sign or provide a notice on the drop bin or reverse vending machines if the receptacle is non-operational. The sign or notice shall provide the location of the nearest recycling center or pilot project recycler.
(10) Contacting the operator. Pilot project recyclers providing a drop service or utilizing reverse vending machines shall display a sign providing a method of contact to notify the pilot project recycler in the event the drop bin or reverse vending machine is non-operational.
(b) The signs required by this section must be displayed in places easily seen by the public at all times the pilot project recycler is open to the public. All signs must be legible.
(c) Prior to accepting material, pilot project recyclers that inspect or weigh material at a time or location other than when or where the material is delivered by the consumer shall provide a notice containing the following statements:
Refund is not paid for packaging, contamination such as dirt or moisture, nor beverage containers not properly labeled with the California redemption value message, or that is otherwise ineligible for redemption.
This recycler will discount the refund value, and may discount scrap value for loads of containers that include nonredemption material.
This recycler will weigh and inspect the beverage containers at a different location than where the containers are delivered. All deliveries of beverage containers to this recycler are subject to reduction of the refund value as described above. All deliveries to this recycler are final.
(d) A pilot project recycler shall provide immediate access to the Division to any storage or inspection locations upon request. Pilot project recyclers shall not store material at a residential address.
(e) Pilot project recyclers that inspect or weigh material at a time or location other than when or where the material is delivered shall pay the refund value for no more than 25 pounds of aluminum or plastic beverage containers or 250 pounds of glass beverage containers received from a given consumer per day. For any material received from the consumer in excess of these weight limits, the pilot project recycler shall not pay in excess of the scrap value for the additional material. Pilot project recyclers that offer a pick up service shall be limited to the above amounts per address per day. All other pilot project recyclers are subject to the daily purchase limits for recycling centers as set forth in section 2535(f) of these regulations.
(f) Subject to approval by the Division, pilot project recyclers may limit the amount of material a given consumer may redeem per transaction to an amount below the limits provided for in section 2768(e).
(1) The request for approval for lower limits must be submitted to the Division in writing, describing the necessity of the lower limits.
(2) The Division shall deny the request for lower limits if the Division determines that the request is unfeasible or fails to meet the goals of the pilot project as provided in section 14571.9(a)(2) of the Act.
(g) Subject to approval by the Division, pilot project recyclers who offer a drop service or pick up service may charge consumers for the following:
(1) A reasonable fee for bags, boxes, or other similar receptacles associated with a drop service or pick up service; and
(2) A reasonable transaction fee.
(h) In addition to the signage requirements of this section, pilot project recyclers shall notify consumers of all of the following:
(1) If the pilot project recycler pays consumers at a different time than when the material is delivered to the pilot project recycler, the date payment will be issued.
(2) How questions or complaints will be addressed by the pilot project recycler.
(3) The cost of bags, boxes, or other similar receptacles for drop service or pick up service, if applicable.
(i) A receipt shall be prepared at the time the pilot project recycler inspects and weighs the consumer's material and determines the material's eligibility.
(j) In addition to the requirements of section 2501, any pilot project recycler that inspects material delivered by consumers at a time or location other than when or where the material was delivered, shall do the following:
(1) Segregate any line breakage, previously redeemed, previously baled, or out-of-state containers from eligible beverage containers for each transaction.
(2) Create a record of the line breakage, previously redeemed, previously baled, or out-of-state containers per transaction. The record shall contain the weight of the material, material type, customer's name, and if available, the customer's contact information.
(3) Deliver the segregated line breakage, previously redeemed, previously baled, or out-of-state material to a processor. All such material is ineligible for refund value. When delivering the material to a processor, the pilot project recycler shall keep the line breakage, previously redeemed, previously baled, or out-of-state containers segregated from any other material being delivered to the processor at the same time. Notwithstanding section 2401, processors shall pay refund value for all eligible material delivered at the same time as the ineligible material.

Credits

Note: Authority cited: Sections 14530.5(b), 14536 and 14571.9(j), Public Resources Code. Reference: Section 14571.9, Public Resources Code.
History
1. New section filed 4-2-2019 as an emergency; operative 4-2-2019 (Register 2019, No. 14). Pursuant to Public Resources Code section 14571.9(k), this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2022 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is amended or repealed by the Department prior to that date, whichever occurs sooner.
2. New section refiled 2-4-2022 as an emergency, including amendment of subsections (c) and (e) and amendment of Note; operative 2-4-2022 (Register 2022, No. 5). Pursuant to Public Resources Code section 14571.9(j), this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2027 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is amended or repealed by the Department prior to that date, whichever occurs sooner.
This database is current through 4/5/24 Register 2024, No. 14.
Cal. Admin. Code tit. 14, § 2768, 14 CA ADC § 2768
End of Document