Section 18660.20 - Requirements for an Approved Collector(a) Upon CalRecycle 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. CalRecycle 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. CalRecycle 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 or surveys.(3) Checking for a valid California identification of a person, a California license plate on a vehicle, 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 CalRecycle-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 unique identification number from 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 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, issued pursuant to and used in accordance with Article 7 of this Chapter, 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 CRT CEWs or non-CRT CEWs collected, and an 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 and type(s) 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.Cal. Code Regs. Tit. 14, § 18660.20
1. New article 2.2 (sections 18660.20-18660.21) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 2.2 (sections 18660.20-18660.21) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (c)(5) and (h)(4), amendment of subsections (j)(1)(B)-(C) and new subsections (j)(1)(D) and (k)-(k)(3) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
5. Change without regulatory effect amending subsections (a), (b)(1)-(2), (g) and (k)(1) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
6. Amendment of subsections (h)(4) and (j)(1)(A)-(B) and repealer of subsections (k)-(k)(3) filed 3-16-2017 as an emergency; operative 3-16-2017 (Register 2017, No. 11). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-16-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.
7. Amendment of subsections (h)(4) and (j)(1)(A)-(B) and repealer of subsections (k)-(k)(3) refiled 3-5-2019 as an emergency; operative 3-17-2019 (Register 2019, No. 10). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-17-2021 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.
8. Certificate of Compliance as to 3-5-2019 order, including further amendment of subsections (h)(4) and (j)(1)(B), transmitted to OAL 5-21-2020 and filed 7-3-2020; amendments operative 10-1-2020 (Register 2020, No. 27). 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.
1. New article 2.2 (sections 18660.20-18660.21) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new article 2.2 (sections 18660.20-18660.21) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (c)(5) and (h)(4), amendment of subsections (j)(1)(B)-(C) and new subsections (j)(1)(D) and (k)-(k)(3) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
5. Change without regulatory effect amending subsections (a), (b)(1)-(2), (g) and (k)(1) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
6. Amendment of subsections (h)(4) and (j)(1)(A)-(B) and repealer of subsections (k)-(k)(3) filed 3-16-2017 as an emergency; operative 3-16-2017 (Register 2017, No. 11). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-16-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.
7. Amendment of subsections (h)(4) and (j)(1)(A)-(B) and repealer of subsections (k)-(k)(3) refiled 3-5-2019 as an emergency; operative 3/17/2019 (Register 2019, No. 10). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-17-2021 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.
8. Certificate of Compliance as to 3-5-2019 order, including further amendment of subsections (h)(4) and (j)(1)(B), transmitted to OAL 5-21-2020 and filed 7-3-2020; amendments operative 10/1/2020 (Register 2020, No. 27).