Cal. Code Regs. tit. 14 § 18660.12

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 18660.12 - Additional Application Requirements for Collectors

(a) In addition to the general application information required in Section 18660.11 of this Chapter, a collector shall also include the following information:

(1) The date and the name under which the collector notified DTSC as a CRT or universal waste handler.

(2) A description of the existing or proposed collection operation, including but not limited to:

(A) The types of California sources from which the collector may recover CEWs, including but not limited to households, businesses, or other collectors.

(B) The type(s) of CEWs that may be recovered by the collector.

(C) Whether the collector may recover CEWs from outside of the State of California.

(D) The cost-free opportunity(ies) established by the collector for a California source to transfer CEWs to the collector as required by Section 42476(f)(3) of the Public Resources Code.

(3) Certification statements by the collector as follows:

(A) "The undersigned collector agrees under penalty of immediate revocation of approval and denial of recovery payments that as an approved collector:"

1. "I shall make reasonable efforts to ensure that any CEWs for which payment is claimed originate from a California source."

2. "I shall provide free CEW collection to California sources if the payments I receive from recyclers fully covers the net cost of collection, transportation and charges paid to the recycler."

3. "I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions."

4. "I shall establish a cost-free CEW collection opportunity for California sources."

5. "I have read and understand the requirements set forth in the statutes and regulations governing this program."

(B) "The undersigned collector certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct."

(4) The name and signature of the primary applicant who has the authority to sign and bind the collector to this application.

(5) The date and location of application.

(b) A collector shall maintain a physical location within the State of California at which:

(1) CEWs can be handled.

(2) All records required by this Chapter shall be maintained.

(c) CalRecycle shall not approve a collector located outside the United States, unless required to by treaty. If CalRecycle must approve a collector outside the United States, the collector must comply with the requirements of Section 42476.5 of the Public Resources Code.

Cal. Code Regs. Tit. 14, § 18660.12

1. New 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 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. Certificate of Compliance as to 12-13-2004 order, including 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).
4. Change without regulatory effect amending subsection (c) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
5. Amendment filed 9-17-2018; operative 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, 42476.5, 42477, 42478 and 42479, Public Resources Code.