(a) Upon registration with CalRecycle, a registered manufacturer may claim manufacturer payments for those CEWs received by the manufacturer's take back program after the effective date of registration and processed for recycling as specified in Section 18660.6(i)(3) of this Chapter.
(b) A registered manufacturer shall determine if CEWs received by the manufacturer's take back program and processed for recycling are from California sources or from non-California sources and shall keep track of those materials separately.
(c) A registered manufacturer shall not request payment for non-California CEWs.
(d) A registered manufacturer shall not request payment for previously cancelled CEWs.
(e) A registered manufacturer shall ensure that any CEW on which the manufacturer has claimed manufacturer payment does not enter the recovery and recycling payment system.
(f) The recycling operation used by a registered manufacturer shall operate in accordance with all Federal, State and local laws and regulations.
(g) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, a registered manufacturer shall obtain and maintain the following records:
(1) A written description of the take back program, including the type of consumers from whom CEWs are accepted for take back.
(2) A record of the number of CEWs collected by the product categories defined in Section 18660.5(a)(31) of this Chapter.
(3) Records of transfers by load to the recycling operation used by the registered manufacturer, including signed and dated receipts showing the weight and number of CEWs transferred.
(4) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the recycling operation used by the manufacturer.
(5) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use.
(6) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling.
(7) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.
(8) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to CalRecycle.
(h) A registered manufacturer shall measure, record and report weights in pounds. A registered manufacturer shall weigh CEWs and treatment residuals on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) or in accordance with comparable standards of the state in which the registered manufacturer is located.
Credits
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476 and 42479, Public Resources Code.
History
1. New section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
2. Amendment of subsection (g)(2) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Change without regulatory effect amending subsections (a), (g)(2) and (g)(8) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
5. Amendment of subsection (h) filed 9-17-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
This database is current through 4/19/24 Register 2024, No. 16.
