1. (a) Notwithstanding section 2516 of these regulations, pilot project recycler handling fee payment eligibility will be based on this section. Pilot project recyclers shall meet all of the following criteria for handling fees eligibility on the first day of the calendar month for which they are claimed:

   1. (1) Certified, operational, accepting and paying refund value to consumers for all empty beverage container material types; and
   2. (2) Located within an approved pilot project area.
2. (b) The Division may inspect any location where a pilot project recycler collects beverage containers to determine whether such sites are located within an approved pilot project area.
3. (c) A pilot project recycler shall be ineligible to receive any handling fees for a given month if the pilot project recycler redeems any empty beverage container material outside of its approved pilot project area during that month. The pilot project recycler may receive handling fees for the subsequent month if the pilot project recycler only redeems empty beverage containers within its approved pilot project area during that subsequent month.

4. (d) Notwithstanding section 2530(h), the pilot project recycler shall apply for handling fees as described in this section. To obtain handling fees, only those pilot project recyclers eligible for such fees as described in this section shall submit via DORIIS a Handling Fee Application to the Division for the calendar month for which handling fees are being claimed. The handling fee application shall be submitted no later than the first day of the second month following the reporting month. Applications submitted after this date, and incorrectly completed applications, will be denied for payment and the handling fee will be forfeited for that calendar month. Forfeiture for that calendar month will not affect eligibility for subsequent months. There shall be a separate Handling Fee Application completed for each pilot project recycler, which shall include all of the following information in addition to that required by section 2090(d) of these regulations:

   1. (1) The calendar month and year covered by the report;
   2. (2) The name and mailing address of the pilot project recycler;
   3. (3) The name and telephone number of a contact person;
   4. (4) The certification number of the pilot project recycler;
   5. (5) The weight, to the nearest tenth of a pound, of empty beverage containers, by material type, redeemed by that pilot project recycler, only from consumers during the hours the pilot project recycler was open for business. This weight shall be taken from the receipts of that pilot project recycler for that calendar month;
   6. (6) The date the application was signed.
5. (e) Pilot project recyclers shall not claim handling fees for material until the pilot project recycler has prepared a receipt for that material. For example: If the material was redeemed on May 31st but was not receipted until June 4th, that material would be claimed for the month of June.

Note: Authority cited: Sections 14530.5(b), 14536 and 14571.9(j), Public Resources Code. Reference: Sections 14571.9 and 14585, Public Resources Code.

History

1. New section filed 4-2-2019 as an emergency; operative 4-2-2019 (Register 2019, No. 14). Pursuant to Public Resources Code section 14571.9(k), this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2022 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is amended or repealed by the Department prior to that date, whichever occurs sooner.

2. New section refiled 2-4-2022 as an emergency, including amendment of section and Note; operative 2-4-2022 (Register 2022, No. 5). Pursuant to Public Resources Code section 14571.9(j), this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2027 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is amended or repealed by the Department prior to that date, whichever occurs sooner.