(a) A registered manufacturer shall base a manufacturer payment claim on the number of CEWs processed for recycling by screen size(s) as listed in Section 42464(a) of the Public Resources Code.
(b) A registered manufacturer shall submit all of the following general information in a claim for manufacturer payments from CalRecycle:
(1) The full name, mailing address, registration number, and federal tax identification number of the registered manufacturer preparing the claim.
(2) The name and phone number of a contact person for purposes of the claim.
(3) The period of time covered by the claim and date of preparation of the claim.
(4) The number of CEW devices claimed:
(A) In each product category as defined in Section 18660.5(a)(31).
(B) By screen size as listed in Section 42464(a) of the Public Resources Code.
(5) The total monetary amount being claimed, as calculated in subsection (f) of this Section.
(6) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article. The signature block shall include the following certification statements:
(A) “I hereby declare under penalty of perjury that:”
1. “All claimed CEWs were received from California sources through the manufacture take back program described in the manufacturer registration.”
2. “All claimed CEWs have been processed for recycling in a manner that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.”
3. “No claimed CEWs were transferred into the recovery and recycling payment system.”
4. “I have certified the number of devices and verified the calculations.”
5. “This payment claim, including any and all accompanying documents, has been examined by me and is true, correct and complete.”
6. “I understand that errors or omissions on my part may result in Cal-Recycle delaying or denying payment”
7. “I further understand that fraud could result in revocation of the manufacturer registration.”
(7) The date and place the claim was signed.
(c) A registered manufacturer shall submit no more than one payment claim per calendar month.
(d) The claim period for a manufacturer payment claim pursuant to this Section is the time period within which processing occurs and may not exceed three (3) months.
(e) A registered manufacturer shall attach all of the following to the payment claim:
(1) A written description of take back program that collected the CEWs for which payment is being claimed, including the type of consumers from whom CEWs were accepted, and a record of the number of CEWs collected by the product categories as defined in Section 18660.5(a)(31) of this Chapter.
(2) Records of transfers by load to the registered manufacturer's recycling operation, including signed and dated receipts showing the weight and number of CEWs transferred.
(3) 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 manufacturer's recycling operation.
(4) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use.
(5) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling.
(6) 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.
(f) A registered manufacturer shall calculate the payment and include the calculation in a manufacturer payment claim as follows:
(1) The total number of CEWs, by screen size as specified in Section 42464(a) of the Public Resources Code, that are processed for recycling during the claim period.
(2) The total payment claimed, calculated by:
(A) Multiplying the number of CEWs in each screen size category by the value of the covered electronic waste recycling fee that applies to that category.
(B) Adding the calculations in (A) above for each screen size category calculation together.
(g) An example calculation for a manufacturer claim is included for illustration purposes as follows:
The number CEWs processed for recycling by screen size:
100 devices with less than 15 inch screen size
100 devices
Times the covered electronic waste recycling fee for category
x $4.00
$400.00
200 devices greater than or equal to 15 inch screen size but less than 35 inch screen size
200 devices
Times the covered electronic waste recycling fee for category
x $5.00
$1000.00
Equals the payment claim for the claim period: ($400.00+$1000.00)= $1400.00 Total Claim
(h) A registered manufacturer shall deliver manufacturer payment claims to CalRecycle's main business office, to the attention of the Accounting Section. A registered manufacturer shall mark the outside of the package containing the claims clearly with “Electronic Manufacturer Claim Enclosed.”
(i) A registered manufacturer shall submit timely manufacturer payment claims so that CalRecycle receives each claim within 45 days of the end of the claim period. CalRecycle may return without payment any claim received more than 45 days after the end of the claim period. Cal-Recycle shall determine a claim's receipt as either the date of the postmark on the claim package, or the date the claim package was physically received by CalRecycle, whichever is earlier.
(j) CalRecycle may reject a claim if it fails to comply with the requirements of this Section.
(k) CalRecycle's rejection of a manufacturer payment claim shall not extend any applicable due date or time period.
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 subsections (b)(4)(A) and (e)(1) 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 order, including 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 (b), (b)(4)(A), (b)(6)(A)6., (e)(1) and (h)-(k) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
5. Amendment of subsections (g)-(h) filed 9-17-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
6. Amendment of section refiled 10-4-2021 as an emergency, including amendment of subsection (g); operative 1-1-2022 (Register 2021, No. 41). Pursuant to Public Resources Code section 42475.2(b) this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2024 unless a Certificate of Compliance is transmitted to and approved by OAL or emergency language is revised by the Department prior to that date, whichever occurs sooner.
This database is current through 4/5/24 Register 2024, No. 14.
