California SB20 Electronics Recycling Program

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California SB20 Electronics Recycling Program

• for
• ISEE Electronics Recycling Summit
• States Brainstorming Workshop
• May 8, 2007

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Californias Electronic Waste Recycling Program

• SB 20/50 A Recyclers Perspective of Collector
  Recycler System
• CIWMB E-waste Group
• www.eRecycle.org
• Presented by Andy Ewing
• Earth Protection Services, Inc.

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Definition/Scope

• Definition of a video display device an
  electronic device with an output surface that
  displays, or is capable of displaying, moving
  graphical images or visual representation of
  image sequences or pictures, including, if
  applicable, a device that is an integral part of
  the display, in that it cannot be easily removed
  from the display by the consumer. A VDD may use
  a CRT, LCD, gas plasma, digital light processing
  or other image projection technology.
• PRC section 42463(t)

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Definition/Scope

• Definition of covered electronic device
• A video display device containing a screen
  greater than four inches, measured diagonally,
  that is identified in the regulations adopted by
  the department pursuant to subdivision (b) of
  Section 25214.10.1 of the Health and Safety Code.
• PRC section 42463(f)(1)

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Definition/Scope

• Definition of covered electronic device (cont.)
• Covered electronic device does not include any
  of the following
• (A) A video display device that is a part of a
  motor vehicle, as defined in Section 415 of the
  Vehicle Code, or any component part of a motor
  vehicle assembled by, or for, a vehicle
  manufacturer or franchised dealer, including
  replacement parts for use in a motor vehicle.
• (B) A video display device that is contained
  within, or a part of a piece of industrial,
  commercial, or medical equipment, including
  monitoring or control equipment.

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Definition/Scope

• Definition of covered electronic device (cont.)
• (C) A video display device that is contained
  within a clothes washer, clothes dryer,
  refrigerator, refrigerator and freezer, microwave
  oven, conventional oven or range, dishwasher,
  room air conditioner, dehumidifier, or air
  purifier.
• (D) An electronic device, on and after the date
  that it ceases to be a covered electronic device
  under subdivision (e) of Section 25214.10.1 of
  the Health and Safety Code.
• PRC section 42463(f)(2).

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Scope Determination

• The department shall adopt regulations that
  identify electronic devices that the department
  determines are presumed to be, when discarded, a
  hazardous waste pursuant to this chapter
• HSC section 25214.10.1(b)
• (electronic device video display device)

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CHAPTER 11 - APPENDIX X

• Subsection (c) Electronic wastes presumed to
  be hazardous
• Cathode ray tubes (CRT) gt 4 inches
• CRT devices containing CRT gt 4 inches
• Computer monitors containing CRT gt 4 inches
• Laptop computers with liquid crystal display
  (LCD) screens gt 4 inches
• LCD containing desktop monitors gt 4 inches
• Televisions containing CRT gt 4 inches
• Televisions containing LCD gt 4 inches
• Plasma televisions gt 4 inches

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E-Waste Recycling ProgramMaterial Cash Flow
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Payments

• Distribution of recovery and recycling payments
  to qualified (approved) entities to cover the
  cost of collection and recycling.
• Eligible activities began January 1, 2005.
• Only properly documented covered electronic
  wastes (CEWs) collected from CA sources after
  start date are eligible for payment.
• Payments are limited to recycling (cancellation)
  activities that occur in-state.

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California Source

• California Sources of CEWs are consumers, as
  defined in Section 42463 (d) of the Public
  Resources Code, located in California who
  generate CEWs after their own use of the CEW.
  California sources may include, but are not
  limited to the business sector, residential
  sector, local government, state government,
  schools and other institutions within the borders
  of California. Entities who take, further
  handle, consolidate, store, or otherwise deal
  with discarded, donated or collected CEWs are not
  California consumers, or California sources.
• (14 CCR 18660.5(a)(11))

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Payments

• Collectors and recyclers must offer a cost-free
  and convenient collection opportunity as a
  condition of payment.
• Initial combined recycling payment rate is .48
  per pound of material cancelled (includes .20
  per pound recovery payment which must be passed
  on to Approved Collector).
• CIWMB may revise the payment amount every two
  years if necessary.

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Responsibilities Under The Act - Approved
Collectors

• An Approved Collector is entitled to receive .20
  per pound for CEWs transferred to an Approved
  Recycler if the Collector
• Tracks sources of CEWs and only transfers CEWs
  generated from CA sources for payment.
• Submits required collection documentation to
  approved Recycler(s)
• Establishes a cost-free opportunity for the
  collection of CEWs.

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Responsibilities Under The Act - Approved Recycler

• An Approved Recycler may claim .48 per pound of
  CEWs cancelled in a manner approved by the State
  if the Recycler
• Is inspected by DTSC and be found to be in
  conformance with all applicable laws, and is
  accessible during normal business hours for
  unannounced inspections or audits by state or
  local agencies.
• Only submits claims for eligible CEWs, including
  supporting documentation, to CIWMB as specified
  in regulation. (CEWs that are reused are not
  eligible for recycling payment claim.)
• Makes recovery payments (.20 per pound) to
  Approved Collectors within 60 days of the date of
  transfer of CEWs.

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Useful Forms

• Application for Approval
• Collection Log
• Transfer Receipt
• Payment Claim
• Claim Worksheets
• Posted at www.ciwmb.ca.gov/Electronics/Act2003/Re
  covery/

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Common Claim Challenges

• General
• Documentation is illegible (logs, weight tickets,
  receipts)
• Collector/Recycler relationship unclear
• Signatures on claim or supporting documentation
  are not that of a person(s) with designated
  signature authority (Section 18660.11)
• Confusion regarding what constitutes a Reporting
  Period

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Common Claim Challenges (cont.)

• Ineligible Material Claimed
• Accumulated prior to Jan 1, 2005
• Received from undocumented source
• Exempted equipment (PRC 42463(f)(2)) included

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Common Claim Challenges (cont.)

• Source Documentation
• Collection logs are missing or deficient.
  (18660.20(j))
• Collection activities details are missing
• Materials received from other handlers lacks
  source documentation.
• Confusion regarding Local Government provision
  and/or unclear Agent authority

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Common Claim Challenges (cont.)

• Transfer Documentation
• Transfer receipts missing or misused
• Descriptions of discrepancies
• Recovery payment documentation

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Common Claim Challenges (cont.)

• Disposition Documentation
• Missing or incomplete shipping documents for
  glass and residuals
• Missing receipts from the end use destination and
  no description of the ultimate disposition of the
  glass cullet or bare CRTs demonstrating that the
  disposition is not disposal to land, water, or
  air (18660.23(g) or 18660.24(g))
• A quantification and description of the
  disposition of treatment residuals (18660.24(h))

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Chronic Challenges

• Cancellation documentation
• Dubious links between received material and
  cancellation activities
• Mass balance discrepancies
• New regs require better inventory tracking

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Chronic Challenges

• Transfer Documentation
• Incomplete transfer packages (missing logs)
• Missing signatures
• Missing certified weights (tickets)
• Inefficient use of transfer receipts
• Illogical dates
• Transfers before collection
• Transfers after cancellation

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Chronic Challenges

• Collection Logs
• Incomplete documentation
• Superfluous documentation
• Secondary logs from unapproved handlers
• Illegibility (unreadable)
• Alterations

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For More Information

• www.earthpro.com
• www.eRecycle.org