Article 2.2. Electronic Waste Payment System--Business Requirements
Section 18660.20. Requirements for an Approved Collector.
(a) Upon CIWMB approval of its application, an approved collector may
begin requesting recovery payments for CEWs documented and transferred to
approved recyclers pursuant to the requirements of this Chapter after the
approval.
(b) An approved collector shall comply with the
requirements of this Chapter, including:
(1) Begin collection activities from California sources within 180
calendar days of approval. The CIWMB may revoke approval if a collector
fails to begin collection activities within 180 days.
(2) Transfer at least one (1) load of CEWs to an approved recycler
within 180 calendar days of approval. Approved dual entities may also
meet this requirement by both collecting and canceling at least one load
of CEWs within 180 calendar days of approval. The CIWMB may revoke
approval if a collector fails to transfer at least one load of CEWs
within 180 calendar days of approval.
(c) An approved collector shall make reasonable efforts
to determine if CEWs it collects are from California sources or from
non-California sources and shall keep track of those materials separately.
Reasonable efforts may include any of the following, but are not limited to:
(1) Posting signs and asking California sources.
(2) Conducting spot checks and/or surveys.
(3) Checking for a valid California identification of a person, a
California license plate on a vehicle, and/or a bill of lading showing a
California origin.
(4) Requiring additional documentation from California sources or
collectors delivering large numbers of CEWs.
(5) Instituting measures to prevent CEWs from being dropped-off
anonymously or illegally disposed at the approved collector's facilities
or operations.
(d) An approved collector shall not request recovery payment for
non-California CEWs.
(e) An approved collector shall determine if CEWs they transfer to
recyclers have already been cancelled, and shall keep track of those
materials separately.
(f) An approved collector shall not request recovery payment for
previously cancelled CEWs.
(g) An approved collector shall provide the CIWMB-issued proof of
approval identification number when transferring CEWs to or requesting
recovery payments from an approved recycler. If an approved collector, or
its agent, fails to provide the proof of approval, the approved recycler may
deny recovery payment.
(h) An approved collector shall provide to any approved
collector or approved recycler to whom it transfers CEWs information on the
origin (California or non-California) and cancellation status of CEWs
transferred, including but not limited to the following:
(1) Signed statement listing the sources(s) of the transferred CEWs
as recorded pursuant to subsection (j) of this section.
(2) A copy(ies) of the applicable portions of the collection log
specified in subsection (j) of this section that describe the collection
activities that resulted in the transferred CEWs.
(3) Written description of any activity, such as storage, repair,
refurbishment, resale, reuse, transfer, packaging and/or consolidation,
that explains any discrepancy between the CEWs transferred and the CEWs
collected as recorded in a log specified in subsection (j) of this
section.
(4) A copy of any applicable proof of designation specified in
subsection (k) of this section associated with CEWs collected while
acting as a designated approved collector for a local government.
(i) An approved collector shall operate in accordance with all Federal,
State and local laws and regulations.
(j) In addition to the general record keeping
requirements in Section 18660.8 of this Chapter, an approved collector shall
maintain the following records:
(1) A collection log containing:
(A) For each collection activity or event that results in CEWs
transferred to the approved collector, a brief written description
of the collection activity or event, including the type of
California sources targeted for collection, the date and location
the activity or event occurred, the number of CEWs collected, and a
estimate of the weight of CEWs collected.
(B) Approved collectors that are not California local
governments, nor entities acting as the designated approved
collector for a California local government, shall maintain a list
of all California sources who discarded the CEWs transferred to the
approved collector, including the name and address of the California
source and the number of CEWs discarded by the California source.
(C) When receiving five (5) or more CEWs units discarded from a
non-residential California source, an approved collector shall
record the name of the non-residential organization, an address, a
contact person and a telephone number.
(D) A list of other handlers and approved collectors who
transferred CEWs to the approved collector in any month, including
the name and address of the other handler and approved collector and
the number of CEWs transferred and the sources of those CEWs as
recorded pursuant to parts (A) and (B) of this Section.
(E) When collecting source-anonymous CEWs, all
approved collectors shall:
1. Log the source-anonymous CEW collection activity
separately.
2. Provide a brief written description of the activity or
incident that resulted in the source-anonymous CEWs.
3. Record the date and location of the activity or incident,
the number and an estimate of the weight of source-anonymous
CEWs collected from the location of the activity or incident.
4. Record the name, organizational affiliation, address and
phone number of a person responsible for the site of the
activity or incident.
(2) Records of transfers by load to, and recovery
payments from, approved recyclers, including:
(A) Inventory records that document the relationship between the
CEWs received from all sources and the CEWs transferred to the
approved recycler or to other handlers.
(B) Signed and dated receipts showing the number and weight of
CEWs transferred. The approved collector shall identify and record
each approved recycler using the name and identification number from
the recycler's "proof of approval."
(3) Records on the costs, revenues and net costs associated with the
collection, transportation and disposition of all CEWs handled as
specified in Section 18660.10 of this Chapter.
(k) An approved collector that is acting as a
designated approved collector for a local government shall do the following:
(1) Secure proof of designation as defined in Section 18660.5(a)(29)
of this of this Chapter.
(2) Provide a copy of the applicable proof of designation to another
approved collector or approved recycler at the time CEWs are transferred
from the designated approved collector to another approved collector or
approved recycler.
(3) A designated approved collector shall be relieved only of the
source documentation requirement specified by Section 18660.20(j)(1)(B)
of this Chapter only for those collection activities that occur within
the designation as specified in subsection k(1) of this section.
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 18660.21. Requirements for an Approved Recycler.
(a) Upon CIWMB approval of its application, an approved recycler may
begin claiming recycling payments for CEWs received from an approved
collector and cancelled after the approval.
(b) An approved recycler shall comply with the
requirements of this Chapter, including:
(1) Begin CEW cancellation activities within 180 calendar days of
approval. The CIWMB may revoke approval if a recycler fails to begin CEW
cancellation within 180 days.
(2) Accept transfer of and cancel at least one (1) load of CEWs from
an approved collector within 180 days of approval. Approved dual
entities may also meet this requirement by both collecting and canceling
at least one load of CEWs within 180 days of approval. The CIWMB may
revoke approval if a recycler fails to cancel at least one load within
180 days of approval.
(3) Record each approved collector's proof of approval identification
number and provide a receipt showing the weight and number of CEWs
transferred and the amount of the corresponding recovery payment due to
the collector.
(4) Make recovery payments to approved collectors, or their agents,
for all CEWs transferred, in accordance with this Chapter, at the time
of transfer of CEWs, or at a later time specified in a written contract
between the approved collector and approved recycler, but not more than
90 days from the date of transfer.
(5) Cancel CEWs by one or more of the manners
prescribed in Section 18660.32 of this Chapter.
(A) An approved recycler shall maintain a processing log that
records the date, method of cancellation, and quantity in pounds of
CEWs cancelled.
(B) An approved recycler shall maintain inventory records that
document the relationship between CEWs received from approved
collectors, CEWs processed and cancelled by the approved recycler,
and treatment residuals shipped to end-use destinations.
(6) Submit recycling payment claims to the CIWMB as specified in
Sections 18660.22 through 18660.31 of this Chapter.
(7) Submit to and obtain a DTSC inspection, within any 12-month
period.
(c) Based on information supplied by approved collectors, an approved
recycler shall, at a minimum, keep track of the weight of CEWs from both
California and non-California sources transferred from approved collectors
and ensure that recycling payments are not claimed for non-California source
materials.
(d) An approved recycler shall not provide recovery payment to approved
collectors for CEWs from non-California sources, or to approved collectors
that fail to provide complete and applicable source documentation on CEW
origin pursuant to Section 18660.20(h) of this Chapter.
(e) An approved recycler shall not claim recycling payments for
non-California CEWs.
(f) Approved recyclers shall determine if CEWs they accept from
collectors have already been cancelled and shall keep track of the weight of
those materials and ensure that recycling payments are not claimed for these
materials.
(g) An approved recycler shall not provide recovery payment to approved
collectors for previously cancelled material.
(h) An approved recycler shall not claim recycling payments for
previously cancelled material.
(i) An approved recycler may deny recovery payments for commingled loads
in which CEWs cannot be distinguished from other materials.
(j) An approved recycler shall operate in accordance with all Federal,
State and local laws and regulations.
(k) An approved recycler shall:
(1) Be equipped with scales and be a weighmaster in accordance with
Chapter 7 (commencing with Section 12700) of Division 5 of the Business
and Professions Code.
(2) Measure, record and report weights in pounds and issue certified
weights.
(3) Weigh CEWs and/or treatment residuals on a scale or other device
approved, tested and sealed in accordance with Division 5 (commencing
with Section 12500) of the Business and Professions Code.
(l) In addition to the general record keeping
requirements in Section 18660.8 of this Chapter, an approved recycler shall
maintain the following records:
(1) A receiving log containing a brief written description of CEW
transfers by load from approved collectors, the number and weight of
CEWs transferred, and the dates the transfers from collectors occurred.
(2) Records of CEW transfers, including all
documentation received from an approved collector as specified in
Section 18660.20(h), and recovery payments made and/or owed to approved
collectors, including signed and dated receipts showing the number and
weight of CEWs transferred.
(A) The approved recycler shall identify and record each approved
collector using the name and identification number from the
collector's "proof of approval."
(B) The approved recycler shall record separately the sum of
estimated weights of source-anonymous CEWs reported by and
transferred from an approved collector.
(3) A processing log showing the definitive cancellation of CEWs by
weight, date and cancellation method, as specified in Section 18660.32
of this Chapter, upon which a payment claim is based.
(4) Records for all bills of lading for treatment
residuals including the following information:
(A) Date of shipment.
(B) Quantity and material type in shipment.
(C) The full name and address of shipping service.
(D) The full name and address of the buyer or other transferee,
and destination name and address if different.
(5) Records on the net costs associated with the disposition of all
CEWs handled, the net costs of accepting the transfer of CEWs, the net
costs of each cancellation method used, and any additional
administrative costs of providing recovery payments to approved
collectors.
(6) Complete records of all claims, attachments and supporting
documentation for all recycling payment claims made 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.
Title 14 Home |
Regulations Home |
