Section 2110 - Canceled Materials and Rejected Containers(a) Except as specified in subsection (b) of this section, no person shall pay or receive a refund value, processing payment, administrative fee, handling fee or other payment mandated by the Act or this chapter for any material that has been canceled, any rejected containers, or any line breakage containers.(b) The department shall pay applicable payments or fees to a processor for material canceled by the processor and reported pursuant to section 2425. (1)(A) A processor may issue a written authorization, for a period not to exceed one year, to a recycling center, bottle washer processor, or another processor to cancel material.(B) A bottle washer processor may issue a written authorization, for a period not to exceed one year, to a processor to cancel reusable beverage containers.(2) The processor shall submit a copy of the authorization in (b)(1) above to the department at least 12 days prior to its effective date. The department shall modify the beginning or ending dates, if the authorization is not submitted 12 days prior to its effective date or exceeds the one year limitation in 2110(b)(1) above. The department shall have the authority to deny the authorization and must notify the parties of such denial, in writing, prior to the date the authorization would have become effective. If the department does not deny the authorization, in writing, prior to the effective date the authorization shall be deemed approved. (A) The department may deny an authorization to cancel only upon the grounds enumerated as follows: 1. If aluminum beverage containers, the recycling center, bottle washer processor, or another processor does not have the capability to shred the material or densify the material to at least 15 pounds per cubic foot.2. If, for any beverage container type, the recycling center, bottle washer processor, or another processor has been found to be in violation of sections 14538(b) or 14539(b) of the Act within the prior two year period of the requested date of the authorization to cancel and the violation(s) has (have) not been corrected.3. If, for reusable beverage containers, the processor does not have an agreement in place to transfer the reusable beverage containers to a bottle washer processor that has the capability to cancel reusable beverage containers in accordance with sections 2000(a)(4)(B)(ii) and 2421(a).(3) Notwithstanding (1)(A), above, a processor shall not issue an authorization to a recycling center or another processor to cancel aluminum beverage containers unless such recycling center or processor either shreds the material or densifies the material to no less than 15 pounds per cubic foot prior to cancellation by shipment to a location of end use or shipment out-of-state and the processor has verified that the recycling center or processor has the equipment to densify, or shred, and that the equipment is properly functioning at the time the authorization is given.(4) The authorization in (b)(1)(A) above shall contain all of the following information: (A) The dates during which it shall be in effect.(B) The certification numbers of the recycling center, bottle washer processor, or other processor and the authorizing processor.(C) The material type which the recycling center, bottle washer processor, or other processor is being authorized to cancel and the method of cancellation.(D) The manufacturer and model number of the equipment being utilized to cancel the material, if applicable, and the manner by which the processor verified that the equipment is properly functioning.(5) The authorization in (b)(1)(B) above shall contain all of the following information: (A) The dates during which it shall be in effect.(B) The certification numbers of both the processor and the authorizing bottle washer processor.(C) The manner by which the processor will transfer the reusable beverage containers to a bottle washer processor that has the capability to cancel reusable beverage containers in accordance with sections 2000(a)(4)(B)(ii) and 2421(a).(6) The department shall have the authority to immediately revoke, effective upon written notification to both parties, any authorization to cancel aluminum beverage containers if the authorized recycling center or other processor is no longer capable of shredding or densifying to at least 15 pounds per cubic foot, or does not do so.(7) The department shall have the authority to immediately revoke, effective upon written notification to both parties, an authorization to cancel for any beverage container type, if the recycling center, bottle washer processor, or other processor is found to be in violation of sections 14538(b) or 14539(b) of the Act.(8) The department shall have the authority to immediately revoke, effective upon written notification to both parties, an authorization to cancel reusable beverage containers if the authorized processor does not transfer the reusable beverage containers to a bottle washer processor that has the capability to cancel reusable beverage containers in accordance with sections 2000(a)(4)(B)(ii) and 2421(a).(9) Notwithstanding section 2000(a)(4), material disposed of pursuant to section 2410 shall be deemed canceled.(c) For material not physically delivered to a processor pursuant to this section and section 2430(a)(3) for which the processor paid, or will pay, the refund value, the department shall have the authority to inspect the load or loads of material, and examine the records pertaining to such loads, at the location of end use or any other location where the material was physically delivered.Cal. Code Regs. Tit. 14, § 2110
Note: Authority cited: Sections 14530.5, 14536 and 14539, Public Resources Code. Reference: Sections 14518, 14518.5, 14538, 14539, 14552.51, 14553, 14573 and 14573.5, Public Resources Code.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14518, 14518.5, 14538, 14539, 14552.51, 14553, 14573 and 14573.5, Public Resources Code.
1. Renumbering and amendment of former section 2110 to section 2600, and renumbering and amendment of former section 2608 to section 2110 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. Editorial correction of printing error in subsection (a) (Register 92, No. 13).
3. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
4. Repealer and new subsections (b)(1) and amendment of subsections (b)(1)(A)-(3)(B), (b)(4)(B)-(C) and (b)(5) filed 9-28-94; operative 9-28-94 (Register 94, No. 39).
5. Amendment of subsections (a), (b), (b)(2)(A)2 and (b)(5) and new subsection (c) filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
6. Change without regulatory effect amending subsections (a) and (b)(1) and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
7. Editorial correction (Register 96, No. 10).
8. Amendment of section heading, section and Note filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
9. Amendment of subsections (a) and (b)(7) filed 6-24-99; operative 7-24-99 (Register 99, No. 26).
10. Editorial correction restoring inadvertently deleted subsection (b)(1) (Register 2004, No. 20).
11. Amendment of subsection (c) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
12. Amendment of section and NOTE filed 1-22-2024 as an emergency; operative 1/22/2024 (Register 2024, No. 4). This action is deemed an emergency pursuant to Public Resources Code section 14536(b) and shall remain in effect until revised by the director.