1. (a) Upon CalRecycle approval of its application, an approved collector or dual entity may begin requesting recovery payments for CEW documented and transferred to approved recyclers pursuant to the requirements of this Chapter after the approval.

2. (b) An approved collector shall comply with the requirements of this Chapter, including:

   1. (1) Begin collection activities from California sources within 180 calendar days of approval. CalRecycle may revoke approval if an approved collector or dual entity fails to begin collection activities within 180 days.
   2. (2) Transfer at least one (1) load of CEW to an approved recycler or dual entity within 180 calendar days of approval. Approved dual entities may also meet this requirement by both collecting and cancelling at least one load of CEW within 180 calendar days of approval. CalRecycle may revoke approval if a collector fails to transfer at least one load of CEW within 180 calendar days of approval.

3. (c) An approved collector or dual entity shall make reasonable efforts to determine if CEW it collects are from California sources or from non-California sources and shall keep track of those materials separately. Reasonable efforts may include any of the following, but are not limited to:

   1. (1) Posting signs and asking California sources.
   2. (2) Conducting spot checks or surveys.
   3. (3) Checking for a valid California identification of a person, a California license plate on a vehicle, or a bill of lading showing a California origin.
   4. (4) Requiring additional documentation from California sources or collectors delivering large numbers of CEW.
   5. (5) Instituting measures to prevent CEW from being dropped-off anonymously or illegally disposed at the approved collector's facilities or operations.
4. (d) An approved collector or dual entity shall not request recovery payment for non-California CEW.
5. (e) An approved collector or dual entity shall determine if CEW they transfer to recyclers have already been cancelled, and shall keep track of those materials separately.
6. (f) An approved collector shall not request recovery payment for previously cancelled CEW.
7. (g) An approved collector or dual entity shall provide the CalRecycle-issued proof of approval identification number when transferring CEW to or requesting recovery payments from an approved recycler. If an approved collector, or its agent, fails to provide the unique identification number from the proof of approval, the approved recycler may deny recovery payment.

8. (h) An approved collector or dual entity shall provide to any approved collector or approved recycler to whom it transfers CEW information on the origin (California or non-California) and cancellation status of CEW transferred, including but not limited to the following:

   1. (1) Signed statement listing the sources(s) of the transferred CEW as recorded pursuant to subsection (j) of this section.
   2. (2) A copy(ies) of the applicable portions of the collection log specified in subsection (j) of this section that describe the collection activities that resulted in the transferred CEW.
   3. (3) Written description of any activity, such as storage, repair, refurbishment, resale, reuse, transfer, packaging or consolidation, that explains any discrepancy between the CEW transferred and the CEW collected as recorded in a log specified in subsection (j) of this section.
   4. (4) A copy of any applicable Proof of Designation, issued pursuant to and used in accordance with Article 7 of this Chapter, associated with CEW collected while acting as a Designated Approved Collector for a Local Government.
9. (i) An approved collector or dual entity shall operate in accordance with all Federal, State and local laws and regulations.

10. (j) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved collector or dual entity shall maintain the following records:

    1. (1) A collection log containing:

       1. (A) For each collection activity or event that results in CEW transferred to the approved collector or dual entity, a brief written description of the collection activity or event, including the type of California sources targeted for collection, the date and location the activity or event occurred, the number of CRT CEW, non-CRT CEW, or battery-embedded CEW collected.
       2. (B) Approved collectors that are not California Local Governments, nor entities acting as the Designated Approved Collector for a California Local Government, shall maintain a list of all California sources who discarded the CEW transferred to the approved collector or dual entity, including the name and address of the California source and the number and type(s) of CEW discarded by the California source.
       3. (C) When receiving five (5) or more CEW units discarded from a non-residential California source, an approved collector shall record the name of the non-residential organization, an address, a contact person and a telephone number.
       4. (D) A list of other handlers and approved collectors who transferred CEW to the approved collector or dual entity in any month, including the name and address of the other handler and approved collector and the number of CEW transferred and the sources of those CEW as recorded pursuant to parts (A) and (B) of this Section.

       5. (E) When collecting source-anonymous CEWs, all approved collectors shall:

          1. 1. Log the source-anonymous CEW collection activity separately.
          2. 2. Provide a brief written description of the activity or incident that resulted in the source-anonymous CEW.
          3. 3. Record the date and location of the activity or incident, and the number of source-anonymous CEW collected from the location of the activity or incident.
          4. 4. Record the name, organizational affiliation, address and phone number of a person responsible for the site of the activity or incident.

    2. (2) Records of transfers by load to, and recovery payments from, approved recyclers or dual entities, including:

       1. (A) Inventory records that document the relationship between the CEW received from all sources and the CEW transferred to the approved recycler, dual entity, or to other handlers.
       2. (B) Signed and dated receipts showing the number and weight of CEW transferred. The approved collector or dual entity shall identify and record each approved recycler using the name and identification number from the recycler's “proof of approval.”
    3. (3) Records on the costs, revenues and net costs associated with the collection, transportation and disposition of all CEW handled as specified in Section 18660.10 of this Chapter.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.

History

1. New article 2.2 (sections 18660.20-18660.21) and 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 article 2.2 (sections 18660.20-18660.21) and 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. New subsections (c)(5) and (h)(4), amendment of subsections (j)(1)(B)-(C) and new subsections (j)(1)(D) and (k)-(k)(3) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). 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.

4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further 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).

5. Change without regulatory effect amending subsections (a), (b)(1)-(2), (g) and (k)(1) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).

6. Amendment of subsections (h)(4) and (j)(1)(A)-(B) and repealer of subsections (k)-(k)(3) filed 3-16-2017 as an emergency; operative 3-16-2017 (Register 2017, No. 11). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-16-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.

7. Amendment of subsections (h)(4) and (j)(1)(A)-(B) and repealer of subsections (k)-(k)(3) refiled 3-5-2019 as an emergency; operative 3-17-2019 (Register 2019, No. 10). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-17-2021 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.

8. Certificate of Compliance as to 3-5-2019 order, including further amendment of subsections (h)(4) and (j)(1)(B), transmitted to OAL 5-21-2020 and filed 7-3-2020; amendments operative 10-1-2020 (Register 2020, No. 27).

9. Amendment of section heading and section 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.