Cal. Code Regs. tit. 14 § 2030

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2030 - Review of Applications

(a) All applications for certification shall be reviewed by the Division for compliance with these regulations.

(b) The Division shall assess the readiness of all new applicant(s) and periodically conduct field investigations to verify the accuracy of information contained in the certification application and explain program requirements.

(c) The Division shall notify the applicant in writing within thirty (30) working days of receipt of the application, or receipt of additional information if the application was initially incomplete, that it is either:

(1) Complete and accepted for further review, or

(2) Incomplete and the reasons for the incompleteness.

(d) Upon determining that an application is complete, the Division shall notify the applicant in writing within sixty (60) calendar days that such application is either:

(1) Approved,

(2) Approved with a probationary status, or

(3) Denied and the reasons for denial.

(e) In determining whether the operator is likely to operate in accordance with these regulations, the Division shall review the certification history of the operator and other individuals identified in the application as responsible for the recycling center, processing facility, dropoff or collection program, or community service program operation.

(f) The Division shall review its records to determine whether one or more certified entities have operated within the past five years at the same location that is the subject of an application for certification of a recycling center or processor. If one or more entities have operated at the same location, the Division shall review the certification history of the entity or entities certified at the same location within the past five years and determine whether the operations at the location exhibit, to the Division's satisfaction, a pattern of operation in compliance with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder.

(g) Reasons for denial of applications may include, but shall not be limited to, any of the following:

(1) Failure to provide information or documentation to complete the application as stipulated in section 2045 and 2055 of these regulations;

(2) The operator is unwilling to accept and redeem all beverage container types;

(3) The recycling center operator does not agree to be open for business at least thirty (30) hours per week, five (5) of which are other than from 9 a.m. to 5 p.m. on Monday through Friday;

(4) The operator's certification history demonstrates outstanding fines, penalties, or audit findings;

(5) The operator's certification history discloses decertification of a recycling center, processing facility, dropoff or collection program, or community service program within the past two-year period;

(6) The operator's certification history demonstrates a pattern of operation in conflict with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder; or

(7) For applications for certification of recycling centers or processors, the certification history of one or more entities certified at the same location within the past five years fails to demonstrate to the Division's satisfaction a pattern of operation in compliance with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder.

(8) The renewal applicant does not possess a valid application voucher that expires on or after the expiration date of the certification being renewed.

(h) Notwithstanding paragraph (3) of subsection (g) above, the Division may allow the applicant to operate less than 30 hours per week if all of the following conditions are met:

(1) the recycling center will be located in a designated rural region; and,

(2) the recycling center will not be located within a convenience zone; and,

(3) the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.

Cal. Code Regs. Tit. 14, § 2030

1. Renumbering and amendment of former section 2030 to section 2010, and renumbering and amendment of former section 2050 to section 2030 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsections (c) and (d) and new subsections (d)(2), (e), and (f)(1)-(6), and amendment to NOTE filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (e) and (f)(5) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsection (f)(2) and new subsections (g)-(g)(3) filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
5. Amendment of subsections (b), (c), (e) and (f)(1)-(6) and NOTE filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
6. Editorial correction of subsection (e) (Register 96, No. 10).
7. New subsection (f), subsection relettering, amendment of newly designated subsections (g)(5)-(6), new subsection (g)(7) and amendment of newly designated subsection (h) filed 3-4-2002 as an emergency; operative 3-4-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-2-2002 or emergency language will be repealed by operation of law on the following day.
8. New subsection (f), subsection relettering, amendment of newly designated subsections (g)(5)-(6), new subsection (g)(7) and amendment of newly designated subsection (h) refiled 6-19-2002 as an emergency; operative 7-2-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-30-2002 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-19-2002 order transmitted to OAL 9-30-2002 and filed 10-15-2002 (Register 2002, No. 42).
10. Editorial correction of subsection (e) (Register 2004, No. 20).
11. Change without regulatory effect amending subsection (h)(3) filed 4-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 15).
12. Amendment of subsections (b), (c) and (d) and new subsection (g)(8) filed 12-20-2013 as an emergency pursuant to Public Resources Code section 14536(b); operative 1-1-2014 (Register 2013, No. 51). This regulatory action is automatically deemed an emergency pursuant to Public Resources Code section 14536(b) and shall remain in effect until revised by the director.

Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14511.7, 14538, 14539, 14540, 14541 and 14571, Public Resources Code.

1. Renumbering and amendment of former section 2030 to section 2010, and renumbering and amendment of former section 2050 to section 2030 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsections (c) and (d) and new subsections (d)(2), (e), and (f)(1)-(6), and amendment to Note filed 12-9-91; operative 1-8-92 (Register 92, No. 25).
3. Amendment of subsections (e) and (f)(5) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsection (f)(2) and new subsections (g)-(g)(3) filed 10-19-93; operative 10-19-93 (Register 93, No. 43).
5. Amendment of subsections (b), (c), (e) and (f)(1)-(6) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
6. Editorial correction of subsection (e) (Register 96, No. 10).
7. New subsection (f), subsection relettering, amendment of newly designated subsections (g)(5)-(6), new subsection (g)(7) and amendment of newly designated subsection (h) filed 3-4-2002 as an emergency; operative 3-4-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-2-2002 or emergency language will be repealed by operation of law on the following day.
8. New subsection (f), subsection relettering, amendment of newly designated subsections (g)(5)-(6), new subsection (g)(7) and amendment of newly designated subsection (h) refiled 6-19-2002 as an emergency; operative 7-2-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-30-2002 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-19-2002 order transmitted to OAL 9-30-2002 and filed 10-15-2002 (Register 2002, No. 42).
10. Editorial correction of subsection (e) (Register 2004, No. 20).
11. Change without regulatory effect amending subsection (h)(3) filed 4-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 15).
12. Amendment of subsections (b), (c) and (d) and new subsection (g)(8) filed 12-20-2013 as an emergency pursuant to Public Resources Code section 14536(b); operative 1-1-2014 (Register 2013, No. 51). This regulatory action is automatically deemed an emergency pursuant to Public Resources Code section 14536(b) and shall remain in effect until revised by the director.