Sec. 2045 - Applications for Recycling Centers and Processors

ยง 2045. Applications for Recycling Centers and Processors

(a) To be considered complete, the applications (see Figures 1, 2, 3, and 4) shall contain the following information:

(1) The category of certification requested.

(2) The business address, mailing address, e-mail address, website and telephone number of the organization. The name of the contact person and the following information about the contact person:

(A) Residential address;

(B) Residential phone number;

(C) Mobile phone number;

(D) E-mail address;

(E) A valid Driver License or Identification Card issued by the State of California, or a United States federal or state government issued photo identification;

(F) Date of birth; and

(G) Social Security Number, on a voluntary basis.

(3) The type of organization which is requesting certification.

(A) If the organization is an individual doing or proposing to do business under a different name, the applicant shall provide a copy of any fictitious business name statement.

(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement and any fictitious business name statement.

(C) If the organization is a corporation, the applicant shall provide the corporate number and Articles of Incorporation and name and position of all current corporate officers as filed with the Secretary of State, any fictitious business name statement, and the agent for service of process.

(D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California.

(E) If the organization is a husband and wife co-ownership, the applicant shall provide both names and any fictitious business name statement.

(F) If the organization is a local government agency, the applicant shall provide a copy of the authorizing resolution from the governing board.

(G) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, any fictitious business name statement, and the agent for service of process.

(H) If the organization is a limited liability company from a state other than California, the applicant shall provide a copy of their certificate from the California Secretary of State authorizing the LLC to transact business in California.

(4) The federal identification number (employer ID number) of the organization.

(5) A history of past and pending certifications requested from the Division.

(6) The name, address, and phone number (if applicable) of the recycling center or processing facility.

(7) The physical location of the facility in relation to the nearest cross street.

(8) The name, address and phone number of the owner or leaseholder, if applicable, of the facility premises.

(A) If the applicant owns the property, a current mortgage statement or a current tax bill which specifically identifies the organization name and the facility location.

(B) If applicant is leasing, renting, or operating on donated space, a signed copy of a current lease, rental agreement or written permission from the property owner or leaseholder who has authority to determine use of the specific property shall be provided.

(C) If the applicant purchased the recycling center or processing facility business, the name of the person(s) from whom it was purchased.

(9) Processors shall provide the actual days and hours open for business if a regular schedule is maintained or, if a regular schedule is not maintained, processors shall indicate that they transact business by appointment only. This is for informational purposes only and does not subject processors to the fine and penalty provisions of the Act.

(10) Recycling centers shall provide the actual days and hours open for business.

(A) For recycling centers which are staffed, "actual days and hours open for business" shall be those days and hours where staff are scheduled to be present and do not include lunch breaks.

(B) For recycling centers which consist of reverse vending machines, "actual days and hours open for business" shall include all of the following:

1.The days and hours when the machine is scheduled to be in operation, and

2.The days and hours when beverage containers which are odd-sized or made from materials other than aluminum, glass and plastic will be redeemed, and

3.The days and hours when any beverage containers not accepted by the reverse vending machine will be redeemed by the host dealer.

(11) With the exception of recycling centers which meet the criteria for grandfathering and processors, acknowledgment that the organization agrees to accept and redeem all types of redeemable beverage containers.

(12) For recycling centers, a general description of the methods used to collect, store and/or cancel redeemed beverage containers. This shall include, but is not limited to, the types of equipment and/or receptacles used and the staffing.

(13) For recycling centers, the organization shall indicate if applying as a rural region recycler or a nonprofit convenience zone recycler.

(14) Recycling centers which consist of reverse vending machines shall specify a method for redeeming empty beverage containers which are odd-sized, made from materials other than aluminum, glass and plastic, or otherwise not accepted by the reverse vending machine. In determining whether the method is acceptable, the Division shall consider, but not be limited to, the following:

(A) Convenience to the public,

(B) Volume of containers sold, and

(C) Size and shape of containers

(15) For processors, the type(s) of beverage containers which will be accepted.

(16) Processors shall describe which of the acceptable methods prescribed in section 2000(a)(4) of these regulations will be used to cancel redeemable beverage containers.

(17) The name, residence address, including city and zip code, and residence phone number of the applicant. Programs operated by limited liability companies, corporations or governmental agencies are exempt from this provision.

(18) For an organization seeking certification of a recycling center located on federal land, a written authorization from an authorized agent of the federal government which will allow inspectors from the Division to enter the federal property for the purpose of conducting audits and unannounced inspections of the recycling center, pursuant to section 2125 of these regulations.

(19) For organizations requesting certification to operate a grandfathered facility, evidence that the recycling center was in operation on January 1, 1986, and the types of beverage containers accepted on that date.

(20) The application voucher number and the name of the person on the application voucher.

(b) The application shall be submitted on a form entitled "Certification Application, Recycling Centers and Processors," provided by the Division and signed by the applicant under penalty of perjury. The signature block shall contain an affidavit that the information in the application is true and that the organization agrees to operate in compliance with the Act and these regulations.

(1) If the organization is a partnership, the application shall be signed by each partner.

(2) If the organization is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind said entity to a contract.

(3) If the organization is owned by a married couple the application shall be signed by each spouse.

(4) If the organization is a limited liability company, the application shall be signed by a managing member, Executive Officer, or other designated member with the authority to legally bind the limited liability company to a contract.

(5) The applicant shall provide a valid Driver License or Identification Card issued by the State of California, or a United States federal or state government issued photo identification of the applicant for identification purposes.

(6) The applicant shall provide the following:

(A) Registry ID, issued by the Division, of the applicant;

(B) Date of birth of the applicant;

(C) E-mail address of the applicant;

(D) Mobile phone number of the applicant;

(E) The application voucher number and the name of the person on the application voucher.

(c) An organization seeking certification to operate a recycling center as a nonprofit convenience zone recycler shall provide written documentation showing that its organization was established under Section 501(c) or 501(d) of Title 26 of the United States Code.

(d) The applicant shall prepare and submit with the certification application a Readiness Plan which shall demonstrate the applicant's ability to meet the conditions necessary to successfully operate a recycling center or processing facility.

(1) The applicant shall demonstrate preparedness in the following areas of responsibility and provide any applicable dollar amounts or information. The Readiness Plan shall contain at a minimum the following information:

(A) Projected startup costs for expenditures such as local government permit fees and licenses, land, construction, and initial operating costs;

(B) Projected monthly expenses for expenditures such as labor, taxes and fees, equipment and capital, and overhead;

(C) Projected monthly revenues for earnings such as sale of scrap, payments from processors in addition to CRV payments, or potential grants; and

(D) Projected financing to operate successfully including sufficient cash flow to cover costs during slower business cycles.

(1. Renumbering and amendment of former section 2045 to section 2050, and renumbering and amendment of former section 2040 to section 2045 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46). 2. Editorial correction instituting amendment of section and adoption of Figures 1-4 filed 12-9-91; operative 12-9-91 (Register 93, No. 20). 3. Amendment of subsections (a)(3)(B)-(a)(3)(D), (a)(9)(B), (a)(10)(A), (a)(24) and (b), new subsection (a)(25), and repealer and new figures 1-4 filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21). 4. Amendment of section heading, text and Note and repealer and new Figures 1-4 filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40). 5. Amendment of section and form DOR 6/93 6 filed 6-24-99; operative 7-24-99 (Register 99, No. 26). 6. Amendment of section and Note and amendment of form DOR 6/93 6 filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day. 7. Amendment of section and Note and amendment of form DOR 6/93 6 refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day. 8. Amendment of section and Note and amendment of form DOR 6/93 6 refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day. 9. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2). 10. Amendment of subsection (a)(2) and new subsections (a)(2)(A)-(G), (a)(8)(C) and (a)(20), amendment of subsections (b), (b)(3) and (b)(5), new subsections (b)(6)-(b)(6)(E) and (d)-(d)(1)(D) and repealer of form DOR 6/93 6 filed 12-20-2013 as an emergency pursuant to Public Resources Code section 14536(b); operative 1-1-2014 (Register 2013, No. 51). This regulatory action is automatically deemed an emergency pursuant to Public Resources Code section 14536(b) and shall remain in effect until revised by the director.)

Note: Authority cited: Sections 14530.5(b) and 14536(b), Public Resources Code. Reference: Sections 14514.7, 14515.6,14538, 14539, 14540 and 14571(a), 14571(b) and 14571(d), Public Resources Code.

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