The Division shall make, and give notice of, the
following determinations. For purposes of this section, notice shall be deemed
complete upon the date of the postmark or date of deposit in the U.S. mail,
whichever is earlier. Notices shall be mailed to the last known address of the
intended recipient.
(a) Statistics.
(1) Determination. The Division shall
determine the following statistics:
(A)
Containers per pound. The average number of empty beverage containers per
pound, by material type. This number is used to calculate the quantity of
beverage containers for certain records, reports, and payments required
pursuant to this chapter.
(B)
Commingled rate. The average percentage of empty beverage containers in a
commingled load of containers, by material type. The Division may determine
more than one commingled rate. The Division shall also determine the geographic
area within which each commingled rate shall apply. This rate shall be used to
calculate the quantity of empty beverage containers for certain records,
reports, and payments required pursuant to this chapter.
(2) Notice. Except for the initial
determination of the above statistics after which the Division shall provide
notice of not less than 10 days prior to their effective date or dates, the
Division shall provide notice of the initial determination and any changes to
the above statistics no less than 30 days prior to their effective date or
dates, as follows:
(A) Recipients. Notice of
any such determination shall be provided to persons certified pursuant to
subchapter 2 of these regulations, and to any persons requesting such notice in
writing.
(B) Contents. The notice
shall state the relevant statistics themselves and their effective
date.
(b) Notice
of redemption payment or refund value. The Division shall provide notice of any
change pursuant to section 14560 of the Act to the redemption payment or refund
value per container, by material type, as follows.
(1) Timing: Notice shall be given no less
than 30 days prior to the effective date of the change.
(2) Recipients: Notice shall be mailed to the
last known addresses of the following parties:
(A) Persons certified pursuant to subchapter
2 of these regulations.
(B)
Distributors having submitted a report to the Division within the previous 6
months.
(C) Persons requesting such
notice in writing.
(3)
Contents: The notice shall state the changed redemption payment and/or refund
value by material type, and its effective date.
