Cal. Code Regs. tit. 14 § 18660.35

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 18660.35 - Manufacturer Registration

(a) A manufacturer may apply to become registered, to renew an existing registration, or to revise an existing registration at any time by submitting a complete application.

(b) In an application for registration, manufacturers shall provide the following general information:

(1) Name of manufacturer.

(2) Mailing address and physical address.

(3) Name of the employee or officer of the manufacturer who is the contact person.

(4) Telephone number(s) of the contact person.

(5) An e-mail address of the contact person.

(6) Name of the employee or officer of the manufacturer who is the primary applicant authorized to sign:

(A) Payment claims.

(B) Reports.

(C) Other payment-related documentation or correspondence required by CalRecycle.

(7) Name of the employee or officer of the manufacturer (if any), in addition to the primary applicant, who is authorized to sign:

(A) Payment claims.

(B) Reports.

(C) Other-payment related documentation or correspondence required by CalRecycle.

(8) An indication of whether the manufacturer wishes to be included in an on-line registry.

(9) The location in which the records required by this Chapter will be maintained.

(c) In an application for registration, a manufacturer shall also include the following information about its take back program or activities, including but not limited to:

(1) The types of California sources from which the manufacturer may take back CEWs, including but not limited to households, businesses, or other collectors.

(2) The type(s) of CEWs that the manufacturer may take back for recycling.

(3) The mechanism(s) by which the manufacturer will accept CEWs into the take back program, such as mail-in, drop-off, trade-in, or pick-up.

(4) Any conditions the manufacturer may place on accepting CEWs.

(5) Whether the manufacturer may recover for the purposes of recycling discarded electronic devices similar to CEWs from outside of the State of California.

(d) In an application for registration, a manufacturer shall also include the following information regarding the recycling of the CEWs received into its take back program:

(1) The name and address of the recycling facility(ies) used by the manufacturer.

(2) A description of the recycling operation used by the manufacturer, including the recycling process that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result.

(e) In an application for registration, a manufacturer shall make the following certification statements:

(1) "The undersigned manufacturer agrees under penalty of immediate revocation of registration and denial of manufacturer payments that as an registered manufacturer:"

(A) "I shall ensure that any CEWs for which payment is claimed originate from a California source."

(B) "I shall only claim payment for those CEWs that I take back and process for recycling."

(C) "I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions."

(2) "The undersigned manufacturer certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct."

(A) The name and signature of the primary applicant who has the authority to sign and bind the manufacturer to this application.

(B) The date and location of application execution.

(f) In an application for registration, a manufacturer shall submit a completed "Payee Data Record" STD. 204 Form (Rev. 6-2003 or as revised) -- Department of Finance, State of California with an original signature of the primary applicant. The form will be provided by CalRecycle and is hereby incorporated by reference.

(g) Within 30 calendar days upon receipt of the application for registration, CalRecycle will notify the manufacturer if the applicant is a registered manufacturer and provide a registration number to be used in all correspondence and claims.

(h) A registered manufacturer's registration remains valid for 2 years following the date of registration provided that the information in the original application remains unchanged and the manufacturer continues to meet and fulfill the requirements of this Chapter.

Cal. Code Regs. Tit. 14, § 18660.35

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. New article 2.5 (sections 18660.35-18660.39) and 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 amending subsections (b)(6)(C), (b)(7)(C) and (f)-(g) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
5. Amendment of subsections (b)(6)(C), (b)(7)(C) and (c)(1) 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 42475(a) and 42476, Public Resources Code.