1. (a) Statistics.

   1. (1) Determination. The Division shall determine the following statistics:

      1. (A) Containers per pound. The average number of empty beverage containers per pound, by material type. This number is used to calculate the quantity of beverage containers for certain records, reports, and payments required pursuant to this chapter.
      2. (B) Commingled rate. The average percentage of empty beverage containers in a commingled load of containers, by material type. The Division may determine more than one commingled rate. The Division shall also determine the geographic area within which each commingled rate shall apply. This rate shall be used to calculate the quantity of empty beverage containers for certain records, reports, and payments required pursuant to this chapter.

   2. (2) Notice. Except for the initial determination of the above statistics after which the Division shall provide notice of not less than 10 days prior to their effective date or dates, the Division shall provide notice of the initial determination and any changes to the above statistics no less than 30 days prior to their effective date or dates, as follows:

      1. (A) Recipients. Notice of any such determination shall be provided to persons certified pursuant to subchapter 2 of these regulations, and to any persons requesting such notice in writing.
      2. (B) Contents. The notice shall state the relevant statistics themselves and their effective date.

2. (b) Notice of redemption payment or refund value. The Division shall provide notice of any change pursuant to section 14560 of the Act to the redemption payment or refund value per container, by material type, as follows.

   1. (1) Timing: Notice shall be given no less than 30 days prior to the effective date of the change.

   2. (2) Recipients: Notice shall be mailed to the last known addresses of the following parties:

      1. (A) Persons certified pursuant to subchapter 2 of these regulations.
      2. (B) Distributors having submitted a report to the Division within the previous 6 months.
      3. (C) Persons requesting such notice in writing.
   3. (3) Contents: The notice shall state the changed redemption payment and/or refund value by material type, and its effective date.

The Division shall make, and give notice of, the following determinations. For purposes of this section, notice shall be deemed complete upon the date of the postmark or date of deposit in the U.S. mail, whichever is earlier. Notices shall be mailed to the last known address of the intended recipient.

Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14551, 14553, 14560 and 14581, Public Resources Code.

History

1. Renumbering and amendment of former section 2750 to section 2900 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).