2007 California Public Resources Code Chapter 8.5. Reporting Requirements And Payment Prohibitions Related To Out-of-state And Other Ineligible Containers

CA Codes (prc:14595-14599)

14595.  The Legislature finds and declares that the redemption of
beverage container material imported from out of state, previously
redeemed containers, rejected containers, and line breakage presents
a significant threat to the integrity of the beverage container
recycling program and fund.  It is therefore the intent of the
Legislature that no refund value or other recycling program payments
be paid to any person for this material.  It is further the intent of
the Legislature that any person participating in conduct intended to
defraud the state's beverage container recycling program shall be
held accountable for that conduct.


14595.4.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Person" means any individual, corporation, operation, or
entity, whether or not certified or registered pursuant to this
division.
   (b) "Refund value" means, in addition to the definition in Section
14524, any payment by a certified recycler for beverage container
material that is at least 15 percent more than the statewide average
scrap value for that material type, as determined by the department
for the month in which the payment was made, unless the department
determines that a reasonable basis exists for that payment.



14595.5.  (a) (1) No person shall pay, claim, or receive any refund
value, processing payment, handling fee, or administrative fee for
any of the following:
   (A) Beverage container material that the person knew, or should
have known, was imported from out of state.
   (B) A previously redeemed container, rejected container, line
breakage, or other ineligible material.
   (2) No person shall, with intent to defraud, do any of the
following:
   (A) Redeem or attempt to redeem an out-of-state container,
rejected container, line breakage, previously redeemed container, or
other ineligible material.
   (B) Return a previously redeemed container to the marketplace for
redemption.
   (C) Bring an out-of-state container, rejected container, line
breakage, or other ineligible material to the marketplace for
redemption.
   (D) Receive, store, transport, distribute, or otherwise facilitate
or aid in the redemption of a previously redeemed container,
out-of-state container, rejected container, line breakage, or other
ineligible material.
   (b) For purposes of implementing subdivision (a), the department
shall take all reasonable steps to exclude beverage container
material imported from out of state, previously redeemed containers,
rejected containers, and line breakage, when conducting surveys to
determine a commingled rate pursuant to Section 14549.5.



14596.  (a) Any person importing more than 100 pounds of aluminum,
bimetal, or plastic beverage container material, or more than 1,000
pounds of glass beverage container material, into the state, shall
report the material to the department and provide the department with
an opportunity for inspection, in accordance with the regulations
adopted by the department.
   (b) The department may impose civil penalties pursuant to Section
14591.1 or take disciplinary action pursuant to Section 14591.2 for a
violation of this section.



14597.  (a) No person shall falsify documents required pursuant to
this division or pursuant to regulations adopted by the department.
The falsification of these documents is evidence of intent to defraud
and, for purposes of subdivision (b) of Section 14591.1, constitutes
intentional misconduct.  The department may also take disciplinary
action pursuant to Section 14591.2 against a person who engages in
falsification including, but not limited to, revocation of any
certificate or registration.
   (b) No person shall submit, or cause to be submitted, a fraudulent
claim pursuant to this division.  For purposes of this subdivision,
a fraudulent claim is a claim based in whole or in part on false
information or falsified documents.  Any person who submits a
fraudulent claim is subject to the assessment of penalties pursuant
to subdivision (b) of Section 14591.1.  The department may take
action for full restitution for a fraudulent claim, pursuant to
Section 14591.4, and may also take disciplinary action pursuant to
Section 14591.2 including, but not limited to, revocation of any
certificate or registration.



14599.  The department may adopt emergency regulations to implement
this chapter.  Any emergency regulations, if adopted, shall be
adopted in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for the purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of these regulations is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare.  Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted pursuant to
this section shall be filed with, but not repealed by, the Office of
Administrative Law, and shall remain in effect until revised by the
director.