Provided below are questions and answers relating to the Designation provision and associated limitations and requirements.
All of the regulation citing’s below can be found on the Regulations, Statutes, and Related Information page.
Note that the new regulations go into effect on October 1, 2020.
- What is a Designation?
A Designation is an arrangement established by a California Local Government with an approved collector in the Covered Electronic Waste (CEW) Recycling Program. The Designation allows the approved collector to provide CEW collection services on behalf of the Local Government as a Designated Approved Collector [see 14 CCR 18660.47(a)(1)].
- What is a Local Government?
For the purposes of issuing a Designation, a Local Government is defined as “…a California city, county, city and county, a joint powers authority, or public service district responsible for household hazardous waste or residential waste management planning or services.” This definition provides flexibility to accommodate the ranges of local government entities that may be responsible for public waste and recycling services [see 14 CCR 18660.47(a)(2)].
- What is a Designated Approved Collector?
“Designated Approved Collector” means an approved collector, as defined in subsection (a)(2) of this section, that has been designated by a California Local Government to provide CEW collection services for or on behalf of the Local Government in accordance with Article 7 of this Chapter. [see 14 CCR 18660.5(18)] The Designated Approved Collector provision provides a means for Local Governments to authorize Approved Collectors to conduct CEW recovery activities on their behalf under specific circumstances [see Title 14 CCR Chapter 8.2, Article 7 § 18660.47 – 18660.50].
- What is a Proof of Designation (Form 184)?
A Proof of Designation (Form 184) is a document issued by a California Local Government to a Designated Approved Collector. CalRecycle provides Form 184 for use by a California Local Government when establishing a Designation. The Proof of Designation details the scope of services that a Designated Approved Collector may conduct on behalf of the Local Government [see 14 CCR § 18660.49(b)]. The appropriate Local Government representative is an individual authorized to execute agreements or contracts related to waste management on behalf of the Local Government. The appropriate Designated Approved Collector representative is an individual that is an authorized signatory listed in the collector’s application for approval in the CEW recovery and recycling program.The Local Government must transmit a complete Proof of Designation to CalRecycle and CalRecycle must receive it at least 30 days before any CEW collection activities conducted by the Designated Approved Collector pursuant to the Designation [see 14 CCR § 18660.49(c)].
The template for Form 184 can be found on the Guidance and Resources for Local Government page.
- Who submits the POD to CalRecycle?
The Local Government is required to transmit the POD to CalRecycle.
- Is it okay if a Designated Approved Collector transmits the completed Proof of Designation to CalRecycle on behalf of the Local Government?
No. The Local Government initiates and establishes the Designation and is responsible for mailing or emailing the completed Proof of Designation to CalRecycle [see 14 CCR § 18660.49(c)].
- Must a Local Government issue a Designation?
No. The option to issue a Designation or not is solely within the discretion of the Local Government.
- May a Local Government issue a Designation to more than one Designated Approved Collector?
Yes. The option to issue a Designation to more than one Designated Approved Collectors is solely within the discretion of the Local Government.
- Can a Local Government issue a Designation to any business?
Local Government shall issue a Designation only to Approved Collectors in the CEW Recycling Program. [see 14 CCR 18660.47(a)]
- When should the POD be submitted and what happens if the POD is not submitted 30 days in advance of the CEW collection activity?
CalRecycle must receive the POD at least 30 calendar days in advance of any CEW collection activities conducted by the DAC. The POD is dated for eligibility of CEW collection activities based on the receipt date of the POD by CalRecycle. [see 14 CCR 18660.49(b)(2)(B & C)](EX: POD received on June 1, 2020 from Local Government, eligible date of first CEW collection by DAC would be July 1, 2020.)
- How long does it take to process the POD and when will you know the POD is processed?
CalRecycle must review PODs within 10 calendar days of receipt and notify the Local Government if the POD is complete and correct or incomplete and/or incorrect. If there are deficiencies, the Local Government must correct them within 20 calendar days after CalRecycle’s notification. [see 14 CCR 18660.49(d)]A Designation is deemed established when CalRecycle contacts the Local Government and the DAC, in writing, (usually by e-mail) to confirm that CEW collection activities can begin under the Designation.
On the bottom of the completed POD form, it will show when the POD was received by CalRecycle and the date the DAC is eligible to collect CEWs under the Designation.
- What happens if the Local Government determines that the Designation is unwanted?
A Local Government may terminate a Designation at its discretion, including prior to the end date [see 14 CCR 18660.50(a)].
- If a Local Government terminates a Designation, it shall immediately notify the Designated Approved Collector and CalRecycle, in writing, of the effective date of the termination.
- CalRecycle will confirm the termination via email to the Local Government and the DAC.
- What if a DAC has been denied, suspended or revoked from the CEW Program?
A Designation terminated due to a denial, suspension, or revocation of a collector’s approval status shall be re-established if the collector prevails in an appeal filed pursuant to Section 18660.19. [see 14 CCR 18660.50(c)(2)]
- Will CalRecycle “approve” Designations?
No. The issuance of a Designation is the prerogative of the Local Government. However, CalRecycle may terminate a Designation prior to its end-use if the Local Government or the Designated Approved Collector violates any applicable laws or regulations. [see 14 CCR 18660.50(b)].
- If CalRecycle terminates a Designation, it shall immediately notify the Designated Approved Collector and the Local Government, in writing, of the effective date of the termination.
- What is Form 303 and what is the connection to a Designation?
The Designated Approved Collector regulations clarify that a Designation “…constitutes a local program subject to Form 303 reporting requirements…”. Local Governments must plan for the management of household hazardous waste (HHW) generated within their jurisdiction [see 14 CCR, Division 7, Chapter 9, Article 6.3]. Form 303 is an annual report by which a Local Government reports on the types of HHW programs and the amount of HHW material management during the preceding reporting period (July 1 through June 30). For more info on HHW reporting, visit the Form 303 webpage.A Designated Approved Collector “…shall provide the Local Government with a report of all CEW collection activities conducted pursuant to the Designation at least annually on or before September 1 of every calendar year covering the preceding reporting period…” so that the information can be incorporated into the Form 303 report. In establishing a Designation, a Local Government may impose more frequent reporting requirements upon the Designated Approved Collector or may establish a format for the report or require the CEW collection activity reports to be sent to additional parties. Additionally, CalRecycle may request copies of any reports that the Designated Approved Collector should have provided the Local Government [see 14 CCR 18660.48(d)].
Contact EWasteDesignations@calrecycle.ca.gov for specific questions relating to Designations.