Cal. Code Regs. tit. 14, § 18660.21 – Requirements for an Approved Recycler or Dual Entity.

(a) Upon CalRecycle approval of its application, an approved recycler or dual entity may begin claiming recycling payments for CEW received from an approved collector and cancelled after CalRecycle has approved the recycler or dual entity application and issued the appropriate Proof of Approval.
(b) An approved recycler or dual entity shall:
1. (1) Begin CEW cancellation activities within 180 calendar days of approval. Approved dual entities may meet this requirement by both collecting and cancelling at least one load of CEW within 180 days of approval. CalRecycle may revoke approval if a recycler or dual entity fails to begin CEW cancellation within 180 days.
2. (2) Record each approved collector's proof of approval identification number and provide a receipt showing the weight and number of CEW transferred and the amount of the corresponding recovery payment due to the collector.
3. (3) Make recovery payments to approved collectors, or their agents, for all CEW transferred, in accordance with this Chapter, at the time of transfer of CEW, or at a later time specified in a written contract between the approved collector and approved recycler or dual entity, but not more than 90 days from the date of transfer.
4. (4) Cancel CEW by one or more of the manners prescribed in Section 18660.32 of this Chapter.
  1. (A) An approved recycler or dual entity shall maintain a processing log that records the date, method of cancellation, and quantity in pounds of CEW cancelled.
  2. (B) An approved recycler or dual entity shall maintain inventory records that document the relationship between CEW received from approved collectors, CEW processed and cancelled by the approved recycler, and treatment residuals shipped to initial destinations or ultimate dispositions, as applicable.
5. (5) Submit recycling payment claims to CalRecycle as specified in Sections 18660.22 through 18660.31 of this Chapter.
6. (6) Submit to and obtain a DTSC inspection, within any 12-month period.
(c) Based on information supplied by approved collectors, an approved recycler or dual entity shall, at a minimum, keep track of the weight of CEW from both California and non-California sources transferred from approved collectors and ensure that recycling payments are not claimed for non-California source materials.
(d) An approved recycler or dual entity shall not provide recovery payment to approved collectors for CEW from non-California sources, or to approved collectors that fail to provide complete and applicable source documentation on CEW origin pursuant to Section 18660.20(h) of this Chapter.
(e) An approved recycler or dual entity shall not claim recycling payments for non-California CEW.
(f) Approved recyclers or dual entities shall determine if CEW they accept from collectors have already been cancelled and shall keep track of the weight of those materials and ensure that recycling payments are not claimed for these materials.
(g) An approved recycler or dual entity shall not provide recovery payment to approved collectors for previously cancelled material.
(h) An approved recycler or dual entity shall not claim recycling payments for previously cancelled material.
(i) An approved recycler may deny recovery payments for commingled loads in which CEW cannot be distinguished from other materials.
(j) An approved recycler or dual entity shall operate in accordance with all Federal, State and local laws and regulations.
(k) An approved recycler or dual entity shall:
1. (1) Follow all requirements in accordance with Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code and any applicable regulations thereunder.
2. (2) Measure, record and report required weights pursuant to this Chapter in pounds, and document those weights on a weighmaster certificate issued by a licensed weighmaster in accordance with all applicable laws and regulations.
(l) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved recycler or dual entity shall maintain the following records:
1. (1) A receiving log containing a brief written description of CEW transfers by load from approved collectors, the total number of units and the total weight of CEW transferred, and the dates the transfers from collectors occurred.
2. (2) Records of CEW transfers, including all documentation received from an approved collector as specified in Section 18660.20(h), and recovery payments made and owed to approved collectors, including signed and dated receipts showing the total number of units and the total weight of CEW transferred.
  1. (A) The approved recycler or dual entity shall identify and record each approved collector using the name and identification number from the collector's “proof of approval.”
  2. (B) The approved recycler shall record separately the number of units of source-anonymous CEW reported by and transferred from an approved collector.
3. (3) A processing log showing the definitive cancellation of CEW by weight, date and cancellation method, as specified in Section 18660.32 of this Chapter, upon which a payment claim is based.
4. (4) Applicable records for all shipments of treatment residuals, including but not limited to, weighmaster certificates, packing lists, bills of lading, manifests, destination receipts, invoices, and payments. Applicable records shall be maintained pursuant to Section 18660.8 of this Chapter and demonstrate the following information:
  1. (A) Date of shipment.
  2. (B) Quantity in pounds and material type in shipment.
  3. (C) The full name and address of shipping service.
  4. (D) The full name and address of the buyer or other transferee, and destination name and address if different.
  5. (E) Identification and description of the initial destinations or ultimate disposition of the treatment residuals, as applicable.
5. (5) Records on the net costs associated with the management of all CRT CEW, non-CRT CEW, and battery-embedded product CEW handled, and any additional administrative costs of providing recovery payments to approved collectors.
6. (6) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to CalRecycle.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463, 42475(a), 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. Amendment of subsection (l)(2) and new subsections (l)(2)(A)-(B) 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), (b)(6) and (l)(6) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).

6. Repealer and new subsection (l)(4) and new subsection (l)(4)(E) filed 8-21-2015 as an emergency; operative 8-21-2015 (Register 2015, No. 34). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2017 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

7. Repealer and new subsection (l)(4) and new subsection (l)(4)(E) refiled 8-1-2017 as an emergency; operative 8-21-2017 (Register 2017, No. 31). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

8. Amendment of subsection (l)(5) filed 5-9-2018 as an emergency; operative 5-9-2018 (Register 2018, No. 19). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 5-9-2020 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

9. Certificate of Compliance as to 5-30-2018 order, including amendment of subsections (b)(5), (k)(3), (l)(1)-(2), (l)(2)(B), (l)(4) and (l)(4)(E)-(l)(5), transmitted to OAL 8-3-2018 and filed 9-17-2018; amendments effective 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).

10. Amendment of subsection (l)(5), filed 3-24-2020 as an emergency; operative 5-10-2020 (Register 2020, No. 13). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 5-10-2022 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

11. Certificate of Compliance as to 3-24-2020 order transmitted to OAL 2-22-2022 and filed 4-6-2022 pursuant to Public Resources Code section 42475.2(b) (Register 2022, No. 14).

12. Amendment of subsection (l)(5) 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.

13. 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.