Cal. Code Regs. tit. 14 § 2430

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2430 - Payments

(a) Payments to recycling centers.

(1) Substantiation of payment. The processor shall weigh, and pursuant to section 2401, inspect all loads received from recycling centers before completing the receiver's section of the shipping reports. The processor shall do all of the following for materials received from recycling centers:

(A) Verify all calculations are accurate and that all other pieces of information shown on the shipping report, including signatures, are filled in.

(B) Record the received weight, excluding the weight of rejected containers, line breakage and out-of-state containers provided by the shipping recycler, onto the shipping report.

(C) Sign and date the shipping report to verify the receipt of the materials as indicated on the report.

(D) Calculate the refund value payment. If the redemption weight does not exceed the received weight by more than 2.5 percent, then the processor shall reimburse the recycler the refund value claimed. Otherwise, the processor shall multiply the received weight by the segregated rate per pound and record that amount as the refund value paid.

(E) Calculate the processing payment. If the redemption weight does not exceed the received weight by more than 2.5 percent, then the processor shall multiply the redemption weight claimed by the processing payment in effect on the date the material was received and pay that amount. Otherwise, the processor shall multiply the received weight by the processing payment in effect on the date the material was received and pay that amount.

(F) Calculate the administrative fee. The processor shall multiply the refund value paid from (D) by the administrative fee rate in effect on the date the material was received and pay that amount.

(2) In addition to the provisions of this section, processors shall not make any payments pursuant to the Act for materials which have not been delivered to the processor unless the following conditions are met:

(A) The shipper is a certified recycling center to which the processor has given authorization to cancel pursuant to section 2110 of these regulations; and

(B) The delivery to a location of end use and cancellation are verified in accordance with section 2420(d) of these regulations.

(3) In the case of processors that do not take delivery of the material, the weight shall mean the weight received by the entity to whom the material is physically delivered.

(4) In no case shall a processor make any payments pursuant to the Act for any material which the processor has rejected for any reason.

(b) Payments to curbside programs. Processors shall pay the refund value, administrative fees and any applicable processing payments for materials delivered to the processor from curbside programs. Processors shall adjust the refund value rate to account for shrinkage in the same manner as set forth in subsection 2535(e) of these regulations.

(1) Substantiation of payment. The processor shall compute the refund value, administrative fees and applicable processing payments based upon the materials delivered on the shipping report prepared pursuant to subsection 2425(c) of these regulations. The processor shall provide a duplicate copy of the shipping report to the shipper. Notwithstanding any other provision of this subchapter, curbside programs may not be paid at more than the applicable statewide average commingled rate, or the Division's approved individual commingled rate.

(2) Calculation of payment and fee.

(A) The processor shall pay based on the received weight of the material, excluded the weight of rejected, line breakage and out-of-state containers, multiplied by:

1. the statewide commingled rate, or the Division's approved individual commingled rate in effect on the date received; and

2. the per pound processing payment in effect on the date received, when applicable.

(B) In addition, administrative fees shall be calculated as three-fourths of one percent (3/4%) of the total refund value.

(c) Payments to dropoff or collection programs and community service programs. Processors shall adjust the refund value rate to account for shrinkage in the same manner as set forth in subsection 2535(e) of subchapter 6 these regulations. Notwithstanding any other provision of this subchapter, dropoff or collection, and community service programs may not be paid at more than the applicable statewide average commingled rate, or the Division's approved individual commingled rate.

(1) Substantiation of payment. Based upon materials received, the processor shall prepare a shipping report which states the refund value and applicable processing payments paid. The shipping report shall be prepared pursuant to subsection 2425(c) of these regulations. The processor shall provide a copy of the shipping report to the shipper.

(2) Calculation of payment and fee.

(A) The processor shall pay based on the received weight of the material, excluding the weight of rejected, line breakage and out-of-state containers, multiplied by:

1. the statewide commingled rate, or the Division's approved individual commingled rate in effect on the date received; and

2. the per pound processing payment in effect on the date received, when applicable.

(d) Payments for canceled material. The authorizing processor shall make payment in accordance with Section 14573.5 of the Act, to recycling centers for canceled material provided the material is shipped to the authorizing processor or to a location designated by the authorizing processor. For such transactions, program payments will be issued by the Division to processors issuing the written authorization to cancel. Program payments will not be issued by the Division to processors for loads for which they have received authorization to cancel.

Cal. Code Regs. Tit. 14, § 2430

1. Renumbering and amendment of former section 2743 to section 2430 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 filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of subsection (c) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsections (b)(2)(B)1 and (c)(2)(B)-(B)1 and NOTE filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (b)(2)(B)1, (c)(2)(B)-(B)1 and NOTE refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4). A Certificate of Compliance must be transmitted to OAL 6-3-94 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 1-24-94 by operation of Government Code section 11346.1(f) (Register 94, No. 39).
7. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
8. Amendment of subsections (b), (b)(1), (b)(2)(A), (c), (c)(2)(A), (c)(2)(B) and NOTE filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
10. Change without regulatory effect amending section and NOTE filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
11. Amendment of subsection (a)(1)(D) and new subsection (d) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
12. Amendment of subsections (a)(5)-(a)(5)(B) filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
13. Amendment of subsections (a)(3) and (b)(2)(B) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (a)(3) and (b)(2)(B) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsections (a)(3) and (b)(2)(B) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
17. Amendment of subsection (a)(1) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
18. Editorial correction of subsection (c) (Register 2004, No. 20).
19. Amendment of subsections (b) and (c) filed 6-28-2004; operative 7-28-2004 (Register 2004, No. 27).
20. Amendment filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).

Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14518.5, 14539, 14552(a), 14572 and 14573.5, Public Resources Code.

1. Renumbering and amendment of former section 2743 to section 2430 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 filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of subsection (c) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
4. Amendment of subsections (b)(2)(B)1 and (c)(2)(B)-(B)1 and Note filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (b)(2)(B)1, (c)(2)(B)-(B)1 and Note refiled 1-24-94 as an emergency; operative 2-3-94 (Register 94, No. 4). A Certificate of Compliance must be transmitted to OAL 6-3-94 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 1-24-94 by operation of Government Code section 11346.1(f) (Register 94, No. 39).
7. Amendment filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
8. Amendment of subsections (b), (b)(1), (b)(2)(A), (c), (c)(2)(A), (c)(2)(B) and Note filed 10-27-94 as an emergency; operative 10-27-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-27-94 order including amendment of section transmitted to OAL 2-24-95 and filed 4-7-95 (Register 95, No. 14).
10. Change without regulatory effect amending section and Note filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
11. Amendment of subsection (a)(1)(D) and new subsection (d) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
12. Amendment of subsections (a)(5)-(a)(5)(B) filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
13. Amendment of subsections (a)(3) and (b)(2)(B) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (a)(3) and (b)(2)(B) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsections (a)(3) and (b)(2)(B) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
17. Amendment of subsection (a)(1) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
18. Editorial correction of subsection (c) (Register 2004, No. 20).
19. Amendment of subsections (b) and (c) filed 6-28-2004; operative 7-28-2004 (Register 2004, No. 27).
20. Amendment filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).