Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 8.2. Electronic Waste Recovery and Recycling

Article 1. General

Section 18660.5. Definitions.
(a) For the purposes of this Chapter, the following shall apply:

(1) "Act" or "the Act" means the Electronic Waste Recycling Act of 2003 (Senate Bill 20, Chapter 526, Statutes of 2003), as amended.

(2) "Approved Collector" means an authorized collector as defined in Section 42463(b) of the Public Resources Code who applies to the CIWMB for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recovery payments from approved recyclers.

(3) "Approved Dual Entity" means an entity that is both an "approved collector" and an "approved recycler" as defined in this Section.

(4) "Approved Recycler" means a "covered electronic waste recycler" as defined in Section 42463(i) of the Public Resources Code who applies to the CIWMB for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recycling payments from the CIWMB.

(5) "Bare CRT" means a Cathode Ray Tube with the vacuum relieved and the yoke removed that has been separated from the device housing and has had all circuit boards, wiring and other components detached from the tube.

(6) "Bare Panel" means an LCD, gas plasma, or other non-CRT video display panel that has been separated from the device housing and has had all circuit boards, lamps, wiring and other components detached from the panel.

(7) "Board" means the California Integrated Waste Management Board, when these regulations refer to an official action that be taken by Board members.

(8) "Cancellation" means a processing or treatment method that qualifies CEWs for recycling payments, removes the CEWs from the payment system eliminating the possibility of double payments, dismantles or destroys the original CEW, and results in treatment residuals as specified in Section 18660.32 of this Chapter.

(9) "Claim Activity Period" means the span of time during which an approved recycler received CEWs from approved collectors, processed and cancelled CEWs, and shipped treatment residuals that results in a recycling payment claim being submitted to the CIWMB.

(10) "CRT" means a Cathode Ray Tube with the yoke still attached that has been separated from a CRT device.

(11) "CRT device" means a whole covered electronic device containing a Cathode Ray Tube.

(12) "California Sources" of CEWs are persons as defined in Section 42463(o) of the Public Resources Code, located in California who generate CEWs after their own use of the CED (covered electronic device). Persons who receive, accumulate, consolidate, store, or otherwise handle discarded, donated or collected CEWs are not the California sources of those CEWs.

(13) "CIWMB" means the California Integrated Waste Management Board, when these regulations refer to the entity as a whole, including staff.

(14) "Collection log" means a record maintained by an approved collector that records CEW collection activities as specified in Section 18660.20(j) of this Chapter.

(15) "Collective Report" means a report submitted to the CIWMB through a trade association, a group of associations, or other organization that represents more than one manufacturer.

(16) "Commingled" means mixed together and impossible to economically or practically separate.

(17) "Covered Electronic Device" or "CED" has the same meaning, for the purposes of this Chapter, as a covered electronic device specified in Section 42463(f) of the Public Resources Code.

(18) "Covered Electronic Waste" or "CEW" means a discarded device that DTSC has determined to be a covered electronic device, as specified by Section 42463(f) of the Public Resources Code.

(19) "Designated Approved Collector" means an approved collector, as defined in subsection (a)(2) of this section, that has been designated by a California local government to provide CEW collection services for or on behalf of the local government and who, in the course of providing the services for the local government, would not be subject to the source documentation requirements pursuant to Section 18660.20(j)(1)(B) of this Chapter.

(20) "DTSC" means the Department of Toxic Substances Control.

(21) "End-Use Destination" means the location where the treatment residuals from the approved recycler are sent after cancellation.

(22) "Further treat" means, for the purposes of this Chapter, activities such as crushing, size reduction, washing, cleaning, smelting, or similar steps taken to process the treatment residual rendering it more marketable. "Further treat" does not mean, for the purposes or this Chapter, receiving, storing, accumulating, consolidating, brokering, shipping, disposing or other similar activities that do not alter the form of the treatment residual.

(23) "Handler", for the purposes of this Chapter, has the same meaning as a universal waste handler or CRT material handler, as applicable, as defined in Section 66273.9 of TItle 22 of the California Code of Regulations.

(24) "Illegal Disposal" means, for the purposes of this Chapter, the disposal or placement of CEWs on a property without the permission of the owner(s) of, or responsible party(ies) for, the property.

(25) "Load" means a single transfer (a pick up or delivery) of CEWs, such as from a California source to a collector or from a collector to a recycler.

(26) "Load Check Activities" means, for the purposes of this Chapter, the efforts made to identify, retrieve and divert from the disposed solid waste stream those CEWs that have been illegally discarded by generators. "Load Check Activities" do not include the rejection or acceptance of CEWs due to the lack of source documentation.

(27) "Manufacturer Payment" or "Manufacturer Take Back Payment" means a payment made by the CIWMB to a registered manufacturer that takes back covered electronic wastes (CEWs) from a California source for the purposes of recycling the CEW pursuant to Section 42476(g) of the Public Resources Code.

(28) "Manufacturer Payment Claim" means a registered manufacturer's request submitted to the CIWMB with all required documentation for a manufacturer payment.

(29) "Manufacturer Take Back" means a program administered by a registered manufacturer that accepts CEWs from California sources for the purposes of recycling.

(30) "PBBs" mean Polybrominated Biphenyls

(31) "Processing log" means a record maintained by an approved recycler that records CEW activities associated with CEW cancellation, such as but not limited to weighing, dismantling, crushing, shredding, etc., as specified in Section 18660.21(b) of this Chapter.

(32) "Product Category" means the types of covered electronic devices as defined in Section 42463(f) of the Public Resources Code. These categories include, but are not limited to, the following:

(A) Cathode Ray Tubes (CRTs) devices used in televisions,

(B) CRTs devices used in monitors,

(C) Liquid Crystal Display (LCD) monitors,

(D) Laptop computers containing LCD screens,

(E) LCD televisions,

(F) Gas plasma display televisions, and

(G) Other video display devices as specified by the DTSC pursuant to Section 25214.10.1(d) of the Health and Safety Code.

(33) "Proof of approval" means the unique identification number and expiration date, issued by the CIWMB that identifies a collector or recycler as being approved pursuant to this Chapter.

(34) "Proof of designation" means a letter or other document that must be secured by a designated approved collector from a California local government that, at a minimum, specifies the following information:

(A) The beginning and end dates of the designation.

(B) The geographic area within which the designated approved collector is providing CEW collection services for the local government and the locations(s) at which the collection service is provided.

(C) The customer type to be served by the designated approved collector (i.e. residential, commercial, etc).

(D) The nature of collections activities to be provided by the designated approved collector (i.e. drop-off receipt, curbside service, illegal disposal clean-up, etc).

(E) Contact information for the designating authority.

(F) If the proof of designation secured by the designated approved collector is a document other than a letter from the local government, the proof must also include the designated approved collector's written notification to the local government that such other document has been used. The written notification provided to the local government must be accompanied by a copy of the document being used to demonstrate designation.

(G) If, after January 1, 2005, and before the effective date of this regulation, a designated approved collector has secured a document from a local government that does not meet the definition of proof of designation as specified in this Section, such document may be used by a designated approved collector to comply with applicable requirements of this Chapter through March 31, 2006.

(35) "Receiving log" means a record maintained by an approved recycler that documents CEW transfers from approved collectors to the approved recycler.

(36) "Recovery payment" means the payment made by an approved recycler to an approved collector in exchange for the transfer of CEWs pursuant to Section 42477 of the Public Resources Code.

(37) "Recovery payment request" means an approved collector's request for recovery payment made to an approved recycler accompanying the transfer of CEWs.

(38) "Recycling payment" means the payment made by the CIWMB to an approved recycler that includes a recovery component related to recycler payments to collectors pursuant to Section 42477 of the Public Resources Code and a recycling component for CEW cancellation pursuant to Section 42478 of the Public Resources Code.

(39) "Recycling payment claim" means an approved recycler's claim that includes all required documentation submitted to the CIWMB for recycling payments for cancelled CEWs.

(40) "Registered Manufacturer" means a manufacturer as defined in Section 42463(n) of the Public Resources Code who registers with the CIWMB pursuant to this Chapter and therefore may be eligible for manufacturer payments from the CIWMB.

(41) "Source-anonymous CEWs" means CEWs whose originating California source cannot be identified in collection log information required pursuant to Section 18660.20(j)(1)(B) of this Chapter.

(42) "Source documentation" means collection logs and other information developed, maintained and transferred pursuant to Section 18660.20(h) of this Chapter that demonstrates the eligibility, originating generator and/or intermediate handlers of collected CEWs as applicable.

(43) "Standard Statewide Recovery Payment Rate" means the amount paid to an approved collector per pound of CEWs transferred to an approved recycler to cover the cost of collection, consolidation and transportation of CEWs as established pursuant to Section 42477 of the Public Resources code.

(44) "Standard Statewide Combined Recycling and Recovery Payment Rate" means the amount paid to an approved recycler per pound of CEWs cancelled and claimed to cover the cost of receiving, processing and recycling CEWs as established pursuant to Section 42478 of the Public Resources Code, and making recovery payments to approved collectors.

(45) "Transfer" or "Transferred" means physically changing possession of CEWs, such as a transfer from a California source to a collector or from a collector to a recycler.

(46) "Transfer documentation" means, for the purposes of this Chapter, records and/or receipts that record the transfer of CEWs from an approved collector to an approved recycler, which include the weight, number, and source of the transferred CEWs, and the date(s) of transfer.

(47) "Treatment residuals" means any material resulting from the dismantling or treatment of a CEW. Treatment residuals are not considered CEWs and are not eligible for payment. In some cases, treatment residuals may be used to demonstrate the prior processing of CEWs, and bills of lading for the material may be required as part of the claim for payment submitted by an approved recycler.

Note:

Authority cited:
Sections 40502, 42475(b), and 42475.2, Public Resources Code.

Reference:
Sections 42463, 46465.2, 42475(a), 42476, 42477, 42478, and 42479, Public Resources Code.

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