(a)
With the exception of recycling centers which meet the criteria for
grandfathering, all certified recycling centers shall operate in accordance
with all of the following requirements:
(1)
Recycling centers certified by the department shall begin operation within
sixty (60) calendar days of approval of the certification. Failure to begin
operating within sixty (60) calendar days shall result in invalidation of the
certification by the department.
(2) The recycling center shall accept from
customers all of the following:
(A) All types
of redeemable beverage containers; and
(B) With the exception of reverse vending
machines, refillable beer and malt beverage containers.
(3) The recycling center shall make all
payments in accordance with section
2535.
(4) Unless an exception is provided for
elsewhere in this chapter, each certified recycling center shall be open for
business during the following hours:
(A) At
least thirty (30) hours per week, and
(B) At least five (5) hours per week shall be
other than 9:00 a.m. to 5:00 p.m. on Monday through Friday.
(5) Notwithstanding paragraph (4),
the department may require a recycling center to operate up to fifty (50)
percent of its hours of operation other than during 9:00 a.m. to 5:00 p.m. if
the department can demonstrate it is necessary to further the goals of the Act
as specified in section 14501 of the Act.
(b) A recycling center which is staffed and
is not a reverse vending machine shall have an employee present during its
posted hours and shall display a sign having a minimum size of two feet by two
feet (576 square inches) informing the public that the recycling center is open
for business. Where local zoning or ordinance restricts the size of the sign to
less than two feet by two feet, the sign shall be the maximum size allowable.
Where the physical location of the posted sign restricts the size of the sign,
a sign varying from the specifications contained in this section may be posted
if requested in writing and approved in writing by the department. The sign
shall contain, at a minimum, the word "OPEN" in lettering at least 10 inches in
height.
(1) If the recycling center consists
of dropoff receptacles with refund value payment occurring elsewhere on the
property, the operator of the recycling center shall take the following
actions:
(A) A sign shall be placed on or at
the front of the receptacles with lettering of at least â.o inch in
height which informs the customer that all types of empty beverage containers
will be accepted and redeemed at all open check-out stands, or exactly where on
the property the customer may redeem the beverage containers.
(B) A person shall be present during the
hours posted at the recycling center to inspect the empty beverage containers
pursuant to Article 3 of this subchapter and pay customers the refund
value.
(C) A sign shall be posted
during the hours open for business at the designated area where the public may
redeem beverage containers. The sign shall contain, at a minimum, the words
"OPEN" and "RECYCLING CENTER." The word "OPEN" shall consist of lettering at
least 10 inches in height. The words "RECYCLING CENTER" shall be on a separate
line and consist of lettering at least 3 1/2 inches in height.
(c) An operator of a
recycling center who does not accept all types of redeemable beverage
containers may continue to do so and shall be certified as a recycling center,
provided all of the following conditions are met:
(1) The recycling center was operating in the
same location on January 1, 1986, or if it is a reverse vending machine, the
machine was operational on January 1, 1986;
(2) The recycling center did not accept all
types of redeemable beverage containers at the same location as of January 1,
1986; and
(3) The recycling center
continues to redeem, at a minimum, those beverage containers it accepted at the
same location as of January 1, 1986.
(d) A recycling center which meets the
criteria to be grandfathered shall make payments in accordance with section
2535.
(e) Each certified recycling center which
does not utilize a reverse vending machine shall post the following near the
certification sign provided by the department and in a conspicuous location
which can be easily seen by the public:
(1) A
legible sign indicating its hours of operation; and
(2) A refund price sign indicating the prices
paid by weight or per container and by material type (i.e. aluminum, glass,
plastic or bimetal). A refund price sign shall meet the following
specifications:
(A) Dimensions. The sign shall
be two feet by two feet (576 square inches).
(B) Content. In addition to the prices paid
as required in subsection (e)(2) above, the sign shall contain, at a minimum,
the statements as indicated in Figure 9. A refund price sign varying from the
specifications of this section may be posted if requested in writing and
approved in writing by the department.
* Refund is not paid for packaging, contamination such as
dirt or moisture, nor beverage containers not properly labeled with the
California redemption value message.
* This recycler will discount the refund value, and may
discount scrap value for loads of containers which include nonredemption
material.
* The consumer has the right to:
a. Accept a discounted refund and/or scrap
price.
b. Separate refund from
nonrefund material.
c. Take
material back.
Figure 9.
(f) Each certified recycling center utilizing
a reverse vending machine shall post the following on each machine near the
certification sign provided by the department:
(1) A legible sign indicating its hours of
operation, and
(2) A refund price
sign or decal indicating the prices paid by weight or per container for each
material type accepted by that reverse vending machine. The refund price sign
or decal shall be at a minimum 15 square inches with lettering of at least 3/8
inch in height. A refund price sign or decal not meeting the requirements of
this section may be posted if requested in writing and approved in writing by
the department.
(3) A sign which
specifies the method approved by the department for redeeming empty beverage
containers which are odd-sized, made of materials other than aluminum, glass or
plastic, or otherwise not accepted by the reverse vending machine or if the
reverse vending machine is out of order. If in-store redemption is the
alternative method, a sign which is at a minimum 120 square inches with
lettering of at least 1/2 inch in height shall be posted which specifies that
containers will be redeemed at all open cash registers or the sign must
designate exactly where redemption will occur.
(A) If beverage containers are not redeemed
at all open registers, a sign shall be posted where refund value payment occurs
within the store. The sign shall contain, at a minimum, the words "Redeem CA
beverage containers here", and consist of lettering at least 3 inches in
height.
(g)
The operator of a certified recycling center shall maintain records and submit
reports regarding redemption activities in compliance with Article 3 of this
subchapter.
(h) Notwithstanding
section
2060(e), if all
of the requirements of section
2525(k) are met,
a certified recycling center may collect, and pay refund value for, empty
beverage containers at a church, school, business where beverages are consumed,
or other community service organization.