Cal. Code Regs. tit. 14 § 18660.22

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 18660.22 - General Requirements for Recycling Payment Claims

(a) An approved recycler shall submit all of the following general information in a claim for recycling payments from CalRecycle:

(1) The full name, mailing address, and federal tax identification number of the recycler preparing the report.

(2) The name and phone number of a contact person for purposes of the report.

(3) The reporting month (calendar month and year) and date of preparation of the report.

(4) The claim activity period, listing the start and end dates.

(5) The total weight of CEW claimed, as calculated in Sections 18660.24 and 18660.25 of this Chapter.

(6) The total monetary amount being claimed.

(7) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.11 of this Chapter. The signature block shall include the following certification statements:

(A) "I hereby declare under penalty of perjury that:"

1. "The approved recycler whom I represent is currently in compliance with all Federal, State and local requirements, including compliance with the requirements of the Act and this Chapter."

2. "All claimed CEWs have been cancelled as specified in Section 18660.32 and are unable to re-enter the payment system, and all treatment residuals specified in Section 18660.22(c) derived from the claimed CEWs have been shipped off-site to an initial destination authorized to receive and further treat or legally dispose of those treatment residuals."

3. "I have certified the weights and verified the calculations, including the adjustments for CEWs from non-California sources and for prior cancellation."

4. "This payment claim, including any and all accompanying documents has been examined by me and is true and correct."

5. "I understand that errors or omissions on my part may result in CalRecycle delaying or denying payment"

6. "I further understand that fraud could result in revocation of the recycler's approval."

(8) The date and place of the signing of the claim.

(b) For each cancellation method used, an approved recycler shall submit no more than one recycling payment claim per calendar month and may only include one reporting month, as specified by Sections 18660.24 and 18660.25 of this Chapter, in a single recycling payment claim. An approved recycler shall prepare payment claims for different cancellation methods separately, but may submit a package containing all the claims for a reporting month.

(c) Prior to submitting a payment claim for cancelled CEWs, an approved recycler shall:

(1) Ship off-site all the following treatment residuals derived from the cancelled and claimed CEWs to an initial destination authorized to receive and further treat or legally dispose of the treatment residual:

(A) Bare CRTs.

(B) CRT glass cullet.

1. CRT glass, CRT funnel glass, and CRT panel glass, as defined in Section 66273.9 of Chapter 23 of Title 22 of the California Code of Regulations, shall be accounted for separately, as applicable.

2. The shipped CRT glass cullet shall account for the amount derived from the cancelled and claimed CEW.

(2) For each claimed non-CRT-containing CEWs, the recycler shall record and report the manufacturer name, model number, and weight of each device prior to cancellation.

(A) If the non-CRT-containing CEWs contain a plasma display, records relating to quantity of the bare panel(s) and ultimate disposition shall be maintained pursuant to Section 18660.8 of this Chapter.

(B) If the non-CRT-containing CEWs contain cold cathode fluorescent lamps, records relating to quantity of the lamps and ultimate disposition shall be maintained pursuant to Section 18660.8 of this Chapter.

(C) Records maintained pursuant to (A) and (B) above shall be made available upon request by CalRecycle or its designee.

(3) Only those CEWs that have been processed and documented pursuant to the applicable requirements of subsections (c)(1) and (c)(2) of this section shall be claimed for payment.

(d) An approved recycler shall attach all of the following to the payment claim:

(1) For all CEWs received from collectors during the claim activity period that are cancelled and included in the current claim, a report that includes:

(A) A list of approved collectors from which the transfers of CEWs were accepted with the name and proof of approval identification number of each.

(B) The total weight of CEWs in all loads transferred from each approved collector. Note that this weight may not equal the weight claimed for recycling payment because recovery payments are made on the weight of all CEWs transferred while recycling payments are made on the weight of only those CEWs cancelled.

(C) Signed and dated receipts documenting all CEW transfers from approved collectors.

(D) A copy(ies) of the applicable records specified in Section 18660.21 (l)(1)-(4) pertaining to the collection, transfer, and processing activities involving the CEWs cancelled and being claimed for payment.

1. Source documentation not associated with the claimed CEWs shall not be included in the report.

2. Transfer documentation not associated with the claimed CEWs shall not be included in the report.

(E) A sum of the estimated weight of source-anonymous CEWs as reported by and transferred from approved collectors.

(2) For all CEWs cancelled during the claim activity period and that are included in the current claim, a description of cancellation activities that includes:

(A) The type(s) of cancellation method used.

(B) The date(s) when cancellation occurred.

(C) The amount of CEWs processed by dismantling by date in pounds.

(D) The dates and destinations of all treatment residual shipments required prior to submitting a claim as specified in subsection (c) of this section.

(3) For all CEWs received from collectors during the claim activity period that are not included in a prior claim and that are not cancelled, a description and quantification of those activities including but not limited to storage, repair, refurbishment, resale, reuse, transfer or export.

(e) An approved recycler shall deliver recycling payment claims to CalRecycle's main business office, to the attention of the Accounting Section. An approved recycler shall mark the outside of the package containing the claims clearly with "Covered Electronic Waste Claim Enclosed."

(f) An approved recycler shall submit timely recycling payment claims so that CalRecycle receives each claim within 45 days of the end of the reporting month, as specified by Sections 18660.24 or 18660.25 of this Chapter. CalRecycle may return without payment any claim received more than 45 days after the end of the reporting month, as specified by Sections 18660.24 or 18660.25 of this Chapter. CalRecycle 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 CalRecycle, whichever is earlier.

(g) CalRecycle may reject a claim if it fails to comply with the general requirements of this Section, or the additional requirements in the applicable provisions regarding cancellation methods in Sections 18660.24 or 18660.25 of this Chapter.

(h) CalRecycle's rejection of a recycling payment claim shall not extend any applicable due date or time period.

Cal. Code Regs. Tit. 14, § 18660.22

1. New article 2.3 (sections 18660.22-18660.31) 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 2.3 (sections 18660.22-18660.31) 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 subsection (c)(1)(E) 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), (a)(7)(A)5. and (e)-(h) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
6. Amendment of subsections (a)(7)(A)2., (a)(7)(A)4., (a)(8)(1) and (a)(8)(1)(B) filed 8-21-2015 as an emergency; operative 8-21-2015 (Register 2015, No. 34). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2017 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.
7. Amendment of subsections (a)(7)(A)2., (a)(7)(A)4., (a)(8)(1) and (a)(8)(1)(B) refiled 8-1-2017 as an emergency; operative 8-21-2017 (Register 2017, No. 31). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.
8. Certificate of Compliance as to 5-30-2018 order, including amendment of section, transmitted to OAL 8-3-2018 and filed 9-17-2018; amendments effective 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).

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.