Section 18660.17 - Prohibited Activities(a) CalRecycle may deny an application or revoke or suspend the approval of a collector or recycler for any of the following prohibited activities: (1) Failure by a collector or recycler to operate in conformance with DTSC requirements.(2) Failure by a recycler to submit to a DTSC inspection within any 12-month period.(3) Failure by a recycler to provide recovery payments to approved collectors as specified in this Chapter.(4) Failure to submit to CalRecycle audits as specified by this Chapter.(5) Failure to submit a net cost report as specified in Section 18660.10.(6) Transferring an approval or proof of approval to any other person.(7) Misrepresenting an approval status.(8) A material breach of any of the certification statements contained in the approved application.(9) Fraudulently requesting a recovery payment.(10) Fraudulently claiming a recycling payment.(11) Submitting a fraudulent net cost report.(12) Failure to secure, maintain, or transfer documentation as specified by this Chapter.(13) Failure to notify CalRecycle of changes to information contained in the approved application.(14) Making a false statement or representation in a 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.(b) If CalRecycle denies an application or revokes an approval for prohibited activities, all of the following conditions apply:(1) The approval is immediately invalid.(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter.(3) The collector or recycler shall immediately cease using the issued unique identification number.(c) A collector or recycler may not reapply for approval until 180 calendar days after denial or revocation for prohibited activities.(d) If CalRecycle suspends an approval for prohibited activities, all the following conditions apply until CalRecycle determines that the cause for suspension has been remedied: (1) The approval is temporarily invalid.(2) The collector or recycler shall be ineligible for all payments set forth in this Chapter for recovery or recycling activities conducted during the suspension of approval.(e) An application for approval or renewal from a collector or recycler or an individual identified in the application 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 may be denied.Cal. Code Regs. Tit. 14, § 18660.17
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). Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42474(e), 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.
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).