The following information should be helpful. . .
- Links to Regulatory Departments and Boards
- Links to relevant statutes and regulations
- Links to required forms or data systems
Department of Toxic Substance Control (DTSC):
In California, the management of discarded electronic waste is regulated by the Department of Toxic Substances Control (DTSC). This department, part of the California Environmental Protection Agency, has expansive authority over hazardous waste generated in California. Electronic waste is generally thought of as consumer electronics, such as televisions, computers, computer peripherals, and other household and business items. These items contain materials and components that, when discarded, would meet the definition of hazardous waste, making their management at the end of their useful life the purview of DTSC. Because of the prevalence of electronics (which can be loosely defined as items containing circuit boards), their relative ease of recycling, and the intrinsic value of their components, this waste stream is regulated under the more relaxed Universal Wastes standards. DTSC considers electronic waste (e-waste) one of the eight types of Universal Wastes established in California through its regulatory process. The Department often refers to it as Universal Waste Electronic Devices (UWED). The Federal regulations, administered by the Environmental Protection Agency (EPA), established five specific categories. In California, the list is more expansive due to DTSC’s authority to implement requirements beyond the Federal level.
DTSC Links:
General e-waste information
Universal waste regulations (Title 22, Division 4.5, Chapter 23)
UWED data system
Department of Resources Recycling and Recovery (CalRecycle):
The State of California not only regulates the physical management of electronics through DTSC, but it also has a unique program to assist Californians with the recycling of certain electronics. The program, administered by the Department of Resources Recycling and Recovery (CalRecycle), involves the collection of a fee (covered video display devices and covered battery-embedded products) charged to consumers at the point of a retail sale of covered items, the remittance of those fees to California’s Department of Tax and Fee Administration, and payments to the collection and recycling industry for the proper management of the material. CalRecycle hosts a helpful graphic on its website that shows a flowchart of the funds and materials. Entities that intend to participate in the program as collectors, recyclers, or, if serving both roles, a dual entity, must apply to CalRecycle for approval and remain compliant with applicable regulations.
CalRecycle Links:
General Covered Electronic Waste (CEW) Recycling Program information
CEW Program Statutes
>> Electronic Waste Recycling Act of 2003 (Senate Bill (SB) 20)
>> SB 50
>> SB 1215
>> Public Resources Code 42460-42486
CEW Program Regulations
>> Electronic Waste Recovery and Recycling (Title 14, Division 7, Chapter 8.2)
Program Forms
>> CEW Recycling Program Application Forms to Participate (click the ‘+’ on the heading to reveal the forms)
>> CEW Recycling Program Collection and Recycling Forms and Documents (click the ‘+’ on the heading to reveal the forms)
Department of Food and Agriculture (CDFA):
You might be confused to see a reference to food and agriculture on a page dedicated to the management of discarded electronic waste. However, this department plays an essential role in administering the State of California’s CEW program and all other recycling activities in the State. Of course, not just recycling, but the CDFA likely regulates any commerce based on a unit count or weight, and in California, agriculture is an enormous industry. This is because the Department is responsible for implementing California’s laws and regulations related to weights and measures. CDFA’s Division of Measurement Standards (DMS) is home to its Weighmaster Enforcement Program. That program is responsible for licensing Weighmasters and conducting inspections. All CalRecycle recyclers or dual entities are required to issue certified weights for transactions covered by the CalRecycle program. It is important to note that any entity paying for materials (covered electronic wastes, other electronic wastes, or commodities (wire, circuit boards, etc.)) is required by CDFA rules to be a licensed weighmaster, use certified scales, and issue certified weights. So, this could easily apply to collectors and handlers of electronic waste. Violations of these rules are classified as misdemeanors and can result in fines of up to $1,000 per occurrence and jail time.
CDFA – DMS Links:
Weighmaster Enforcement Program
CDFA – DMS Statutes
>> Business and Professions Code 12700-12737
>> Business and Professions Code 21600-21610
CDFA – DMS Regulations
>> Weighmaster Enforcement (Title 4, Division 9, Chapter 9)
CDFA – DMS Forms
>> Weighmaster Application Form
>> Weighmaster Certificate Sample
State Water Resources Control Board (SWRCB):
Why is information about water being referenced here? Well, the regulatory context is within the CDFA requirements cited above, where an entity deemed by their rules to be a junk dealer or recycler must demonstrate they have applied for a stormwater permit or that the facility is not required to obtain one. This requirement applies broadly to all types of entities that manage “junk,” as defined in the State’s Business and Professions Code. It is also important to note that there is a statewide requirement for businesses operating under specific Standard Industrial Classification (SIC) codes to comply with stormwater permit requirements by demonstrating enrollment in a National Pollutant Discharge Elimination System (NPDES) stormwater permit, if one is required. This came to be through SB 205, passed in 2019. Cities and counties enforce this requirement as part of their business license process, but not all jurisdictions have yet implemented it.
SWRCB Links:
Stormwater Program
SWRCB Statutes
>> SB 205
Federal Regulations
>> Title 40 of the Code of Federal Regulations (Title 4, Division 9, Chapter 9)
SWRCB Forms/Permit Application
>> Stormwater Multiple Application and Report Tracking System (SMART)
