Electronic Product Management

Revisions to Emergency Regulations

To implement certain provisions of the Electronic Waste Recycling Act of 2003, emergency regulations were adopted by the CIWMB. Those regulations governed the program until permanent regulations were adopted.  This page details the evolution of the original emergency regulations.

Adopted Revisions: In response to certain challenges within the covered electronic waste (CEW) recovery and recycling payment system, revisions to existing emergency regulations were considered and adopted by the CIWMB at its Board meeting on November 15, 2005. The revised regulations were approved by the Office of Administrative Law on December 5, 2005. A copy of the revised regulations, showing additions and deletions, is available here (MS Word, 233 KB). Interested parties are always encouraged to familiarize themselves with other applicable statutes and associated regulations.

Purpose of Revisions:

The purpose of the regulatory revision is to address priority challenges identified within the covered electronic waste (CEW) recovery and recycling system. These include:

1. Potential confusion associated with the local government "agent" provision previously contained in 14 CCR 18660.20(j)(1)(B)
2. The handling of "source-anonymous" CEW, meaning CEW that is likely from a California source but cannot be associated with the default required name and address of the originating generator. Examples of this are load check material and material resulting from illegal disposal clean-up.
3. The due date for the Net Cost Reports required by 14 CCR 18660.10

Overview of Revisions:

The revisions define, clarify and standardize the requirements associated with being a "designated approved collector" and the contents of a "proof of designation".  Such a designation allows an approved collector to provide CEW services on behalf of a local government and be relieved of certain source documentation requirements while performing specified services.

The revisions provide for a transition period for existing "agent" designations, allowing "agent letters" already secured by collectors after January 1, 2005 that fall short of new standards to be used until March 31, 2006.

The revisions also allow properly documented "source-anonymous CEWs" that result from specified circumstances to be eligible within the payment system. These circumstances include load check activities at a permitted solid waste facility, illegal disposal clean-up activities conducted by an approved collector that is a local government or its designated collector, and illegal disposal at the facility of an approved collector that is a non-profit organization. Among other definitions, the revisions define illegal disposal and load check activity.

It must be noted that the payment eligibility for source-anonymous CEWs resulting from qualifying circumstances is not intended to accommodate those CEWs for which required source documentation is simply not secured by a collector.

Finally, the revisions postpone by one month the due date for the net cost report from February 1, 2006, until March 1, 2006.

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Last updated: October 24, 2007