Article 2.1. Electronic Waste Payment System--Applications for Approval
Section 18660.11. General Application Requirements.
(a) Collectors and recyclers may submit an application to become approved at any time.
(b) In applications for approval, collectors and recyclers shall provide the following general information:
(1) Name of organization.
(2) Type of organization:
(A) If the organization is an individual doing or proposing to do
business under a different name, the applicant shall provide a copy
of any fictitious business name statement.
(B) If the organization is a partnership, the applicant shall
provide a copy of the current partnership agreement and any
fictitious business name statement.
(C) If the organization is a corporation, the applicant shall
provide the corporate number and Articles of Incorporation and name
and position of all current corporate officers as filed with the
Secretary of State, any fictitious business name statement, and the
agent for service of process.
(D) If the organization is a corporation from a state other than
California, the applicant shall provide a copy of the approved
certificate from the California Secretary of State qualifying and
authorizing the corporation to transact business in California.
(E) If the organization is a husband and wife co-ownership, the
applicant shall provide both names and any fictitious business name
statement.
(F) If the organization is a local government agency, and is
applying as a recycler or dual entity, the applicant shall provide a
copy of the authorizing resolution from the governing board.
(G) If the organization is a limited liability company (LLC), the
applicant shall provide a copy of the Articles of Organization and
Statement of Information as filed with the Secretary of State, any
operating agreement, any fictitious business name statement, and the
agent for service of process.
(H) If the organization is a limited liability company from a
state other than California, the applicant shall provide a copy of
their certificate from the California Secretary of State authorizing
the LLC to transact business in California.
(I) If the organization is a non-profit or charity, the applicant
shall provide a description and a copy of the appropriate
designation documentation.
(3) Mailing address and physical address.
(4) Name of the contact person.
(5) Telephone number(s) of the contact person.
(6) An e-mail address of the contact person or organization, if
available.
(7) List(s) of the persons (if any), in addition to
the primary applicant, who are authorized to sign:
(A) Payment claims.
(B) Net cost reports.
(C) Other payment related correspondence with the CIWMB.
(8) An indication of whether the collector or recycler wishes to be
included in an on-line registry.
(9) The location in which the records required by this Chapter will
be maintained.
Note:
Authority cited:
Sections 40502, 42475(b), and 42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, 42477, 42478, and 42479,
Public Resources Code.
Section 18660.12. Additional Application Requirements for Collectors.
(a) In addition to the general application information
required in Section 18660.11 of this Chapter, a collector shall also include
the following information:
(1) The date and the name under which the collector notified DTSC as
a CRT and/or universal waste handler.
(2) A description of the existing or proposed
collection operation, including but not limited to:
(A) The types of California sources from which the collector may
recover CEWs, including but not limited to households, businesses,
and/or other collectors.
(B) The type(s) of CEWs that may be recovered by the collector.
(C) Whether the collector may recover CEWs from outside of the
State of California.
(D) The cost-free opportunity(ies) established by the collector
for a California source to transfer CEWs to the collector as
required by Section 42476(f)(2) of the Public Resources Code.
(3) Certification statements by the collector as
follows:
(A) "The undersigned collector agrees under
penalty of immediate revocation of approval and denial of recovery
payments that as an approved collector:"
1. "I shall make reasonable efforts to ensure that any CEWs
for which payment is claimed originate from a California
source."
2. "I shall provide free CEW collection to California sources
if the payments I receive from recyclers fully covers the net
cost of collection, transportation and charges paid to the
recycler."
3. "I shall operate in compliance with the requirements of
this Chapter, the Act and with all applicable local, state and
federal regulatory provisions."
4. "I shall establish a cost-free CEW collection opportunity
for California sources."
5. "I have read and understand the requirements set forth in
the statutes and regulations governing this program."
(B) "The undersigned collector certifies under penalty of perjury
under the laws of the State of California that the information
provided herein is true and correct."
(4) The name and signature of the primary applicant who has the
authority to sign and bind the collector to this application.
(5) The date and location of application.
(b) A collector shall maintain a physical location
within the state of California at which:
(1) CEWs can be handled.
(2) All records required by this Chapter shall be maintained.
(c) The CIWMB shall not approve a collector located outside the United
States, unless required to by treaty. If the CIWMB must approve a collector
outside the United States, the collector must comply with the requirements
of Section 42476.5 of the Public Resources Code.
Note:
Authority cited:
Sections 40502, 42475(b), and 42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, 42476.5, 42477, 42478, and 42479,
Public Resources Code.
Section 18660.13. Additional Application Requirements for Recyclers.
(a) In addition to the general information required in
Section 18660.11 of this Chapter, a recycler shall also include the
following information:
(1) Documentation that the recycler has fulfilled DTSC notification
and authorization requirements regarding the handling and processing of
CEWs.
(2) A description of the recycling operation,
including:
(A) The method(s) of cancellation used by the recycler.
(B) The types of CEWs cancelled by the recycler, pursuant to
Section 18660.32 of this Chapter.
(C) Estimated percentages of cancelled CEWs expected to originate
from inside of and from outside of the State of California annually.
(3) An explanation and documentation showing how
the demonstrations in Public Resources Code Section 42479(b) have been
satisfied, including but not limited to the following:
(A) The recycler is in compliance with applicable requirements of
Chapter 23 of Division 4.5 of Title 22 of the California Code of
Regulations.
(B) The recycler demonstrates to the CIWMB that
the recycler's facility meets all of the following standards:
1. The facility has been inspected by DTSC within the past 12
months, as specified in Section 42479(b)(2)(A). If a DTSC
inspection has been requested but not yet completed, then the
CIWMB will review the remainder of the application but withhold
approval until the DTSC inspection is completed and the facility
found to be in conformance.
2. The facility is accessible during normal business hours
for unannounced inspections by state or local agencies.
3. The facility has health and safety, employee training, and
environmental compliance plans and certifies compliance with the
plans.
4. The facility meets or exceeds the standards specified in
Chapter 1 (commencing with Section 1171) of Part 4 of Division 2
Division 4 (commencing with Section 3200), and Division 5
(commencing with Section 6300), of the Labor Code or, if all or
part of the work is to be performed in another state, the
equivalent requirements of that state.
(4) Unless the recycler is applying as a dual entity, the name,
address, contact person's name and telephone number of at least one (1)
collector from which the recycler has accepted, has contracted to accept
or intends to contract to accept CEWs for cancellation with a letter
from the collector certifying under penalty of perjury that California
CEWs from that collector will be transferred to the recycler for
recycling.
(5) A completed "Payee Data Record" STD. 204 form (Rev. 6-2003 or as
revised) - Department of Finance, State of California with an original
signature of the primary applicant. The form will be provided by the
CIWMB and is hereby incorporated by reference.
(6) Certification statements by the recycler as
follows:
(A) "The undersigned recycler agrees under
penalty of perjury and of immediate revocation of approval and
denial of recycling payments that as an approved recycler:"
1. "I shall fully reimburse an approved collector for all
CEWs and/or CEWs transferred at the rate specified in this
Chapter within 90 days"
2. "I shall not adjust fees, charges or other contract
provisions upward for the purpose of negating the recovery
payment to approved collectors."
3. "I shall provide free CEW recycling by accepting without
charge CEWs from approved collectors if the payment from the
CIWMB fully covers the net cost of CEW recycling."
4. "I shall operate in compliance with the requirements of
this Chapter, the Act and with all applicable local, state and
federal regulatory provisions."
5. "I have read and understand the requirements set forth in
the statutes and regulations governing this program."
(B) "The undersigned certifies under penalty of perjury under the
laws of the State of California that the information provided herein
is true and correct."
(7) The name and signature of the primary applicant who has the
authority to sign and bind the recycler to this application.
(8) The date and location of application.
(b) The CIWMB shall not approve a recycler located outside California.
Note:
Authority:
Sections 40502, 42475(b), and 42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, 42477, 42478, and 42479,
Public Resources Code.
Section 18660.14. Additional Application Requirements for Dual Entities.
(a) An entity that is both a collector and a recycler at the same
location may apply for both approvals, and if approved will be an approved
dual entity.
(b) In addition to completing and submitting one copy of the General
information required in Section 18660.11 of this Chapter, all dual entity
approval applications shall contain the information required in Sections
18660.12 and 18660.13 for collector applications and recycler applications,
respectively.
(c) Unless there are specific "dual entity" provisions, an approved dual
entity, when acting as a collector, shall meet all the requirements in this
Chapter for approved collectors.
(d) Unless there are specific "dual entity" provisions, an approved dual
entity, when acting as a recycler, shall meet all the requirements in this
Chapter for approved recyclers.
Note:
Authority cited:
Sections 40502, 42475(b), and 42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, 42477, 42478, and 42479,
Public Resources Code.
Section 18660.15. CIWMB Review of Applications.
(a) Upon receipt of the application, the CIWMB will notify the applicant
within 30 calendar days if the application is complete or incomplete.
(b) If the CIWMB determines the application is incomplete, with exception
of a pending inspection by DTSC, the CIWMB notification will list the
missing information, and the applicant will have 30 calendar days from the
notification to provide the missing information or the CIWMB will deny the
application.
(c) After the CIWMB determines that an application is
complete, the CIWMB will notify the applicant within 30 calendar days
whether the application has been:
(1) Approved, and if so, proof of approval bearing
a unique approval identification number will be provided stating the
type of approval granted:
(A) Approved collector, and/or
(B) Approved recycler.
(2) Denied, and if so, the cause(s) for denial will be listed. After
denial, an application to become approved may be resubmitted at any time
after the causes for denial have been corrected.
(d) The CIWMB shall not charge collector or recyclers to process an
application.
Note:
Authority cited:
Sections 40502, 42475(b), and 42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, 42477, 42478, and 42479,
Public Resources Code.
Section 18660.16. Approval Term and Applications for Renewal.
(a) An approved collector's approval remains valid for 2 years following
the date of approval provided that the information in the original
application remains unchanged, the collector continues to meet and fulfill
the requirements of this Chapter, and the collector continues to operate in
conformance with DTSC requirements.
(b) An approved recycler's approval remains valid for 2 years following
the date of approval provided that the information in the original
application remains unchanged, the recycler continues to meet and fulfill
the requirements of this Chapter, and the recycler continues to operate in
conformance with DTSC requirements and submit to inspections by DTSC.
(c) To renew approval, a collector or recycler shall re-apply to the
CIWMB on a biennial basis at least 90 calendar days prior to the expiration
date of approval.
(d) If a collector or recycler fails to renew approval,
after the expiration date all of the following conditions apply:
(1) The approval is expired and invalid.
(2) The collector or recycler shall be ineligible for all payments
set forth in this Chapter.
(3) The collector or recycler shall immediately return any issued
proof of approval to the CIWMB.
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public
Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479,
Public Resources Code.
Note:
Authority cited:
Sections 40502, 42475(b), and 42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, 42477, 42478, and 42479,
Public
Resources Code.
Section 18660.17. Prohibited Activities.
(a) The CIWMB may deny a renewal or revoke or suspend
the approval of a collector or recycler for any of the following prohibited
activities:
(1) Failure by a collector or recycler to operate in conformance with
DTSC requirements.
(2) Failure by a recycler to submit to a DTSC inspection within any
12-month period.
(3) Failure by a recycler to provide recovery payments to approved
collectors as specified in this Chapter.
(4) Failure to submit to CIWMB audits as specified by this Chapter.
(5) Failure to submit a net cost report as specified in Section
18660.10.
(6) Transferring an approval or proof of approval to any other
person.
(7) Altering the proof of approval.
(8) A material breach of any of the certification statements
contained in the application.
(9) Fraudulently requesting a recovery payment.
(10) Fraudulently claiming a recycling payment.
(11) Submitting a fraudulent net cost report.
(12) Failure to secure, maintain and/or transfer documentation as
specified by this Chapter.
(13) Failure to notify the CIWMB of changes to information contained
in the application.
(b) If the CIWMB denies a renewal or revokes an
approval for prohibited activities, all of the following conditions apply:
(1) The approval is immediately invalid.
(2) The collector or recycler shall be ineligible for all payments
set forth in this Chapter.
(3) The collector or recycler shall immediately return any issued
proof of approval to the CIWMB.
(c) A collector or recycler may not reapply for approval until 180
calendar days after denial or revocation for prohibited activities.
(d) If the CIWMB suspends an approval for prohibited
activities, all the following conditions apply until the CIWMB determines
that the cause for suspension has been remedied:
(1) The approval is temporarily invalid.
(2) The collector or recycler shall be ineligible for all payments
set forth in this Chapter for recovery and/or recycling activities
conducted during the suspension of approval.
Note:
Authority cited:
Sections 40502, 42475(b), and
42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, 42477, 42478, and 42479,
Public
Resources Code.
Section 18660.18. Changes to an Approved Application.
(a) An approved collector or an approved recycler shall
reapply to the CIWMB for approval at least 90 calendar days prior to the
change taking effect, if one of the following changes may occur:
(1) A change in recovery, recycling or business practices that will
prevent the approved collector or approved recycler from meeting the
requirements of this Chapter.
(2) A change in recovery, recycling or business practices that will
result in the breach of a certified statement on the application or in a
prohibited activity as specified in Section 18660.17 of this Chapter.
(b) If an unforeseen change occurs an approved collector or an approved
recycler shall notify the CIWMB of the change within ten calendar days after
the unforeseen change. In cases of notification after a change specified in
subsections (1) or (2) in part (a) of this Section, the CIWMB may revoke the
approval immediately or may require the collector or recycler to reapply for
approval.
Note:
Authority cited:
Sections 40502, 42475(b), and
42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, 42477, 42478, and 42479,
Public
Resources Code.
Section 18660.19. Appeal of Denial, Suspension or
Revocation of Approval.
(a) If the CIWMB denies an application for approval or suspends or
revokes an approval, the collector or recycler may appeal that decision and
request a hearing within 30 calendar days after the date of the denial,
suspension or revocation. Any appeal received by the CIWMB after 30 calendar
days from the date of the denial, suspension or revocation shall be denied
without a hearing or consideration of the appeal.
(b) This appeal provided for in this Section is also governed by the
general administrative adjudication provisions of the California
Administrative Procedure Act, found at Chapter 4.5 of Part 1 of Division 3
of Title 2 of the Government Code, commencing with Section 11400. This
appeal is not subject to the provisions of Chapter 5 of Part 1 of Division 3
of Title 2 of the Government Code, commencing with Section 11500.
(c) The collector or recycler requesting a hearing must submit the appeal
in writing and ensure that it is received by the CIWMB's main business
office, to the attention of the Legal Office. The collector or recycler
shall clearly mark the outside of the package containing the appeal with:
"e-Waste Appeal Enclosed".
(d) In an appeal, a collector or recycler shall
include, at a minimum, all of the following:
(1) The collector's or recycler's name, mailing address, contact name
and daytime telephone number.
(2) The type of approval: collector, recycler or both.
(3) The location and street address.
(4) The date on the notification from the CIWMB and the stated
reasons for denial, suspension or revocation.
(5) A statement of the basis for objecting to the denial, suspension
or revocation.
(e) At any time during the proceeding, before a final decision is issued,
the CIWMB, with the consent of the petitioner, may refer the matter to
mediation, or binding or non-binding arbitration, consistent with the
provisions of Government Code Section 11420.10.
(f) The CIWMB shall provide a hearing before the executive director, or
his or her designee, who shall act as a hearing officer. The hearing officer
shall consider the application, the reasons for denial, suspension or
revocation, and any additional relevant information presented by the
applicant or CIWMB staff. The hearing officer shall issue a written decision
stating the factual and legal basis for the decision.
(g) The Board may adopt the decision as the final decision, or review all
or a part of the decision at a hearing before the Board.
(h) The CIWMB will notify the collector or recycler of the final
determination in writing within 20 calendar days from the date on which the
Board adopts a final decision.
Note:
Authority cited:
Sections 40502, 42475(b), and 42475.2,
Public Resources Code.
Reference:
Sections 42463(b) and 42479,
Public Resources Code; Sections
11400.20 and 11415.10,
Government Code.
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