Article 2.5. Electronic Waste Payment System--Manufacturer Payments
Section 18660.35. Manufacturer Registration.
(a) A manufacturer may apply to become registered, to renew an existing
registration, or to revise an existing registration at any time by
submitting a complete application.
(b) In an application for registration, manufacturers shall provide the
following general information:
(1) Name of manufacturer.
(2) Mailing address and physical address.
(3) Name of the employee or officer of the manufacturer who is the
contact person.
(4) Telephone number(s) of the contact person.
(5) An e-mail address of the contact person.
(6) Name of the employee or officer of the manufacturer who is the
primary applicant authorized to sign:
(A) Payment claims.
(B) Reports.
(C) Other payment-related documentation and/or correspondence required by
the CIWMB.
(7) Name of the employee or officer of the manufacturer (if any), in
addition to the primary applicant, who is authorized to sign:
(A) Payment claims.
(B) Reports.
(C) Other-payment related documentation and/or correspondence required by
the CIWMB.
(8) An indication of whether the manufacturer wishes to be included in an
on-line registry.
(9) The location in which the records required by this Chapter will be
maintained.
(c) In an application for registration, a manufacturer shall also include
the following information about its take back program or activities,
including but not limited to:
(1) The types of California sources from which the manufacturer may take
back CEWs, including but not limited to households, businesses, and/or other
collectors.
(2) The type(s) of CEWs that the manufacturer may take back for
recycling.
(3) The mechanism(s) by which the manufacturer will accept CEWs into the
take back program, such as mail-in, drop-off, trade-in, or pick-up.
(4) Any conditions the manufacturer may place on accepting CEWs.
(5) Whether the manufacturer may recover for the purposes of recycling
discarded electronic devices similar to CEWs from outside of the State of
California.
(d) In an application for registration, a manufacturer shall also include
the following information regarding the recycling of the CEWs received into
its take back program:
(1) The name and address of the recycling facility(ies) used by the
manufacturer.
(2) A description of the recycling operation used by the manufacturer,
including the recycling process that results in cancellation as specified in
Section 18660.32 of this Chapter or an equivalent result.
(e) In an application for registration, a manufacturer shall make the
following certification statements:
(1) "The undersigned manufacturer agrees under penalty of immediate
revocation of registration and denial of manufacturer payments that as an
registered manufacturer:"
(A) "I shall ensure that any CEWs for which payment is claimed originate
from a California source."
(B) "I shall only claim payment for those CEWs that I take back and
process for recycling."
(C) "I shall operate in compliance with the requirements of this Chapter,
the Act and with all applicable local, state and federal regulatory
provisions."
(2) "The undersigned manufacturer certifies under penalty of perjury
under the laws of the State of California that the information provided
herein is true and correct."
(A) The name and signature of the primary applicant who has the authority
to sign and bind the manufacturer to this application.
(B) The date and location of application execution.
(f) In an application for registration, a manufacturer shall submit 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.
(g) Within 30 calendar days upon receipt of the application for
registration, the CIWMB will notify the manufacturer if the applicant is a
registered manufacturer and provide a registration number to be used in all
correspondence and claims.
(h) A registered manufacturer's registration remains valid for 2 years
following the date of registration provided that the information in the
original application remains unchanged and the manufacturer continues to
meet and fulfill the requirements of this Chapter.
Note:
Authority cited:
Sections 40502, 42475(b), and
42475.2,
Public Resources Code.
Reference: Sections 42475(a), and 42476,
Public Resources Code.
Section 18660.36. Requirements for a Registered Manufacturer.
(a) Upon registration with the CIWMB, 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)(32) 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 the CIWMB.
(h) A registered manufacturer shall measure, record and report weights in
pounds. A registered manufacturer shall weigh CEWs and/or 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.
Note:
Authority cited:
Sections 40502, 42475(b), and
42475.2,
Public Resources Code.
Reference: Sections 42475(a), 42476, and 42479,
Public Resources Code.
Section 18660.37. Manufacturer Payment Claims.
(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 the CIWMB:
(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)(32).
(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
the CIWMB 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)(32)
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 $6.00
------------------
$600.00
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
$8.00
------------------
$1600.00
Equals the
payment claim for the claim period: ($600.00+$1600.00)= $2200.00
Total
Claim
(h) A registered manufacturer shall deliver manufacturer payment
claims to the CIWMB'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 "e-Waste Claim Enclosed."
(i) A registered manufacturer shall submit timely manufacturer
payment claims so that the CIWMB receives each claim within 45 days of
the end of the claim period. The CIWMB may return without payment any
claim received more than 45 days after the end of the claim period. The
CIWMB 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 the CIWMB, whichever is earlier.
(j) The CIWMB may reject a claim if it fails to comply with the
requirements of this Section.
(k) The CIWMB's rejection of a manufacturer payment claim shall not
extend any applicable due date or time period.
Note:
Authority cited:
Sections 40502, 42475(b), and
42475.2,
Public Resources Code.
Reference:
Sections 42475(a), 42476, and 42479,
Public Resources Code.
Section 18660.38. CIWMB Review of Manufacturer Payment Claims.
(a) The CIWMB shall review a manufacturer payment claim and determine if
a manufacturer payment is due pursuant to this Chapter. If the CIWMB has
cause to investigate any aspect of a claim, the review will be extended
until resolution of all issues aspects under investigation.
(b) The CIWMB may deny payment for any of the following reasons:
(1) The CIWMB determines that:
(A) The signature on the claim is not that of a person with signature
authority for registered manufacturer payment claims as designated pursuant
to Section 18660.35(b)(6) or (7) of this Article.
(B) The registered manufacturer did not have current registration for the
claim period.
(C) The registered manufacturer failed to meet the requirements in this
Chapter or committed an activity prohibited in this Chapter.
(D) The payment claim contains a numerical discrepancy between values or
calculations reported on the claim and the CIWMB verified values and
calculations.
(2) The CIWMB has prevailed against the claimant in a civil or
administrative action and money is owed to the CIWMB as a result of the
action.
(3) The CIWMB discovers, as part of an application review, claim review
or an audit, significant inconsistencies or fraud.
Note:
Authority cited:
Sections 40502, 42475(b), and
42475.2,
Public Resources Code.
Reference: Sections 42475(a), and 42476,
Public Resources Code.
Section 18660.39. Appeal of Denied or Adjusted Manufacturer Payment Claims.
(a) A registered manufacturer may file a formal appeal by writing to the
CIWMB within 30 calendar days of the warrant date of an adjusted payment or
the date of the notice denying the claim.
(b) Any appeal received by the CIWMB after 30 calendar days from the date
of the adjustment letter from the CIWMB on an adjusted payment or the date
of the notice denying the claim shall be denied without a hearing or
consideration of the appeal.
(c) A registered manufacturer shall include all of the following
information in a written appeal:
(1) The registered manufacturer's name and registration.
(2) The month(s) and year(s) in question.
(3) A copy of the manufacturer payment claim and the notice denying the
claim, or a copy of the remittance advice if a payment adjustment is being
appealed.
(4) An explanation of why the adjustment or denial was in error.
(5) Any other documentation that supports the appeal.
(d) 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.
(e) 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 claim, the reasons for payment denial or payment
adjustment, and any additional relevant information presented by the
claimant or CIWMB staff. The hearing officer shall issue a written decision
stating the factual and legal basis for the decision.
(f) The CIWMB may adopt the decision as the final decision, or review all
or a part of the decision at a hearing before the Board.
(g) The CIWMB will notify the registered manufacturer of the final
determination in writing within 20 calendar days from the date on which
Board adopts a final decision.
Note:
Authority cited:
Sections 40502, 42475(b), and
42475.2,
Public Resources Code.
Reference:
Section 42476,
Public Resources Code; Sections 11400.20 and
11415.10,
Government Code.
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