1. (a) CalRecycle may deny an application or revoke or suspend the approval of a collector, recycler, or dual entity for any of the following prohibited activities:

   1. (1) Failure to operate in conformance with DTSC requirements.
   2. (2) Failure by a recycler or dual entity to submit to a DTSC inspection within any 12-month period.
   3. (3) Failure by a recycler or dual entity to provide recovery payments to approved collectors as specified in this Chapter.
   4. (4) Failure to submit to CalRecycle audits, including failing to provide CalRecycle access to records upon request, as specified by this Chapter.
   5. (5) Failure to submit net cost information and documentation as specified in Section 18660.10.
   6. (6) Transferring an approval or proof of approval to any other person.
   7. (7) Misrepresenting an approval status.
   8. (8) A material breach of any of the certification statements contained in the approved application.
   9. (9) Fraudulently requesting a recovery payment.
   10. (10) Fraudulently claiming a recycling payment.
   11. (11) Submitting fraudulent information or documentation when providing information or documentation to CalRecycle pursuant to Section 18660.10.
   12. (12) Failure to secure, maintain, submit, or transfer documentation as specified by this Chapter.
   13. (13) Failure to notify CalRecycle of changes to information contained in the approved application as specified in Section 18660.18.
   14. (14) Making a false statement or representation in any claim, report, or document filed, submitted, maintained or used for purposes of compliance with this chapter or Division 30, Part 3, Chapter 8.5 of the Public Resources Code.
   15. (15) Failure by a recycler or dual entity to operate in conformance with Division 5 of the Business and Professions Code (Weights and Measures) and any applicable regulations thereunder.

2. (b) CalRecycle shall reinstate a collector, recycler, or dual entity that has been suspended where CalRecycle has determined that the collector, recycler, or dual entity has remedied the cause of the suspension and is eligible for reinstatement pursuant to this Section. In such instances, CalRecycle shall send written notification to the collector, recycler, or dual entity that the cause of the suspension has been remedied and will reinstate the collector, recycler, or dual entity within two (2) business days from the date of CalRecycle's notification. A collector, recycler, or dual entity that is not eligible for reinstatement pursuant to this Section is subject to the reconsideration and appeals procedure detailed in Section 18660.19.

   1. (1) An approved collector, recycler, or dual entity shall be eligible for reinstatement without resorting to the appeals procedure pursuant to Section 18660.19 if one or more of the below events occurs such that the cause of the suspension is remedied, as specified herein, and there are no additional instances of noncompliance noted in the suspension letter.

      1. (A) DTSC notifies CalRecycle in writing that a DTSC Class I violation has been corrected.
      2. (B) CalRecycle receives written confirmation from CDFA that a recycler's or dual entity's weighmaster license is active.
      3. (C) The collector or dual entity provides written documentation to CalRecycle that demonstrates that the collector or dual entity is maintaining a physical location within the state of California at which CEW can be handled.
      4. (D) The recycler or dual entity previously failed to submit to a DTSC inspection in a 12-month period and subsequently remedied this failure to submit to the inspection. CalRecycle shall receive written confirmation from DTSC demonstrating that the inspection occurred and that the recycler or dual entity is in compliance with all applicable DTSC laws and regulations.
      5. (E) The collector, recycler, or dual entity previously failed to submit to a CalRecycle audit pursuant to this Chapter and subsequently remedied this failure by submitting to the audit and providing CalRecycle with any documentation requested during the audit.
      6. (F) The collector, recycler, or dual entity previously failed to provide CalRecycle, or an entity acting on behalf of CalRecycle, with access to records pursuant to Sections 18660.8 or 18660.10 and subsequently remedied this failure by providing CalRecycle with access to those records and providing CalRecycle with any documentation that was requested when access was denied.

   2. (2) A suspended collector, recycler, or dual entity shall not be reinstated and shall be subject to the reconsideration and appeals procedures detailed in Section 18660.19 if it fails to:

      1. (A) Meet the reinstatement requirements in this Section.
      2. (B) Meet the requirements in this Chapter, including failing to operate in conformance with DTSC requirements.
      3. (C) Provide any documentation, information, or records requested by CalRecycle relevant to the suspension. Any documentation, information, or records submitted to CalRecycle pursuant to this Section shall not contain false, misleading, or inaccurate information.

3. (c) The following conditions apply if CalRecycle denies an application or revokes an approval based on prohibited activities:

   1. (1) The approval is immediately invalid.
   2. (2) The collector or recycler shall be ineligible for all payments set forth in this Chapter.
   3. (3) The collector or recycler shall immediately cease using the issued unique identification number.
4. (d) A collector, recycler, or dual entity may not reapply for approval until 180 calendar days after denial or revocation for prohibited activities.

5. (e) The following conditions apply if CalRecycle suspends an approval for prohibited activities:

   1. (1) The approval is invalid and shall be displayed as “inactive” on CalRecycle's website. CalRecycle's website shall be updated to reflect an “active” status for any collector, recycler, or dual entity that has been reinstated pursuant to subsection (b).
   2. (2) The collector, recycler or dual entity shall be ineligible for all payments set forth in this Chapter as of the date of suspension for recovery or recycling activities conducted during the suspension of approval.
6. (f) CalRecycle shall deny an approval or renewal application if that application includes the name of an individual who has a history of fraudulent conduct or who has a history of demonstrating a pattern of operation in conflict with the requirements of this chapter and Division 30, Part 3, Chapter 8.5 of the Public Resources Code. Any supporting documentation or record, including supplemental documentation provided to CalRecycle during the application process, shall be considered part of the application.

Note: Authority cited: Sections 40502, 42475 and 42475.2, Public Resources Code. Reference: Sections 42463, 42474, 42475, 42476, 42477, 42478 and 42479, Public Resources Code.

History

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 adding subsections (a)(14) and (e) and amending Note filed 9-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 37).

5. Change without regulatory effect amending subsections (a), (a)(4), (a)(13), (b), (b)(3) and (d) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).

6. Amendment filed 9-17-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).

7. Amendment of subsections (a) and (a)(12)-(14) and amendment of Note filed 12-13-2024 as an emergency; operative 1-1-2025 (Register 2024, No. 50). Pursuant to Public Resources Code section 42475.2(b), this is a statutory 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 revised by the Department prior to that date, whichever occurs sooner.

8. Amendment of section heading, section and Note filed 12-11-2025 as a deemed emergency pursuant to Public Resources Code section 42475.2(b); operative 12-11-2025 (Register 2025, No. 50). A Certificate of Compliance must be transmitted to OAL by 12-11-2027 or emergency language will be repealed by operation of law on the following day.