ELLIOT BLOCK, SEN: I H5999

General Counsel
MEAGAN J. WILSON, SBN: 251432
Attorney
100] lStreet
Saorarnento, CA 95312-4025
(916) 341-60??
(916)319-1691
Meagan.Wilson@CalReoyoie.ea.gov

Attorneyssr Coieoyeie

BEFORE TI-IE CALIFORNIA DEPARTMENT OF

RESOURCES RECYCLING AND RECOVERY

In the Matter of:

CBC ELECTRONIC WASTE RECYCLING,

INC. STIPULATED PAYMENT
AGREEIPEENT

This Stipulated Payment Agreement (the .'1.greetnent), entered into between CEC
ELECTRONIC WASTE RECYCLING, FNC. (CBC) and the CALIFORNIA DEPARTM ENT
OF RESOURCES RECYCLING AND RECOVERY (CALREC YCLEZ"), (heneinaer
oolleetively referred to as the Parties"), is made with referenee to the following faots:

. RECITALS
I I. CALRECYCLE is responsible For administering and ettforoing the Eleotronio Waste
Ii

Reoyoling Aot of 2003 (Pub. Res. Code 42460, er seq.) (the Aot) and aeooinpanying l

regulations, oonnneneing with California Cede of Regulations (CCR), Title 14, seetion
18660.5. l
.
-..r
1
2. Approved Reeyelers in the Covered Eieotronie Waste Fteeyoiing Program (the CEW sP-
!-.
:'I-
:
EC
Program") submit elaims for reeyeling payments. These elaims for payments oontain, ..

ft1
It
5,.

Page F of 5 ii

STIPULATED PAYMENT AGREEMENT I?

m1|l-"h'I|"\-'|I'l-
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among other information, oertieation statements etteeuted by the Approved Reoyoler L

stating that all elaimect eovered eleetronio waste (CEW} material was properly prooessod
or eaneelled. (14 CCR 13660.22).
3. CEC is an Approved Dual Entity in the CEW Program. (14 CCR l8660.5(a)(3)).
4. Upon review of CECs July 2015 Payment Claim No. 3200, CALRECYCLE disoovered
ineonsisteneies with respeet to CECs reported weights in this elaim and sixteen (16)
prior Covered Eleotronio Waste Reeyeling Payment Claims (the Payment Claims") ,
submitted to CALRECYCLE by CBC. These Payment Claims oontained eertified I
statements by CEC stating that it had properly prooessed or oaneelled all elaimed CEW.
S. After eondueting an internal investigation of the Payment Claims, CA LRECYCLE
estimated that CEC requested payment of approximately $33,000 for CEW that was not
properly prooessed by CEC pursuant to 14 CCR EB660.22(o)(3). -
6. CEC oondueted its own internal review on the Payment Claims and aeknowledged that it E
owes $34,643.03 in restitution to CALRECYCLE.
7. On or about February 6, 2017, CALRFICYCLE issued a Notioe of Vioiation to CEC
pursuant to l4 CCR I 3660.44(e) for making fatse statements with respeot to the
seventeen (1?) payment elaims. (14 CCR i3660.22(a)(7)(A}(2), (3), and (4)).
S. On or about February 10, 2011', CEC eseouted the Aoknowlectgement portion of the
February 6, 2017 Notioe ofViolation. (14 CCR l8660.44(e)(5)).

AGREEMENT
9. The Parties hereby stipulate to the following:
r

a. No later than ten (I0) business days following eseeution of this Agreement, CEC _
shall issue and deliver a eheok for $34,643.08 (the Stipulated Amount) made
payabie to CALRECYCLE (CalReoyele, Attn: Jeff Hunts, I001 I Street, P.O. Bo
4025, Saoramento, CA 95312-4025} for repayment of the monies improperly
olaimed by CEC in its Payment Claims. In eaohange, CALREC"1-CLE shall agree

1 Claim Hoe- 2031 {March 2014}, 2052 {April 2014}, 206? {May 2014}, 2091 {June
2014}, 2014 {July 2014}, 2936 {August 2014}, 2061 {September 2014}, 2904
{October 2014}, 3021 {November 2014}, 3035 {December 2015}, 3050 {January
2015}, 30TH {February 2015}, 3111 {March 2015}, 3130 {April 2015}, 3160 {May
2015}, 3100 {June 2015}, 3200{July 20151.
Page 2 of 5

STIPULATED PAYIELENT AGREEMENT ,

 not to pursue an administrative aetion against CBC for satisfaetion of restitution
owed. I
If CALRECYCLE does not reeeive full payment of the Stipnlated Amount by
CEC within ten (10) business days following eseeution of this Agreement, then
CALRECYCLE reserves any and all rights to pursue an administrative aetion for
satisfaetion of restitution against CEC with respeet to the Payment Claims and the
Stipulated Amount. C I
CA LRECYCLE hereby reserves any and all rights to pursue an aetion for
administrative eivil penalties against CBC for any aetions arising out of or related
to the Payment Claims pursuant to 14 CCR 18660.44 and as authorized by Publie
Resourees Code Seetion 424?-4(d).
Fhe Patties further agree and stipulate as follows:
The Parties agree to eooperate with one another to sign, eiteeute and deliver any
and all documents or writings neeessary, and to take any and all aetions neeessary
to eonsummate this Agreement and to earry out its terms and provisions.
The Patties agree that this Agreement eontains the entire agreement between the
Parties and this Agreement is in lieu of, supersedes and eatinguishes all other
agreements, negotiations, understandings, and representations relating to the
subjeet matter of this Agreement, whieh may have been made or entered into by L
l
and between the Patties. This Agreement may not be altered, amended, modied
or otherwise ehanged in any respeet whatsoever eaeept by a writing duly eneeute
by the Parties with the stated express intent to modify this Agreement.
Although one Partys attorney initially drafted this Agreement, the provisions of
this Agreement were negotiated by all the Patties hereto, and said Agreement
shall be deemed to have been drafted by all Patties hereto. The Parties thereby
aeknowledge and understand these terms and entered into this Agreement
voluntarily and knowingly without eoereion. Eaeh of the Parties to this
Agreement represent and warrant that they have reeeived independent legal '
adviee from their eounsel with respeet to the agreement provided for herein and
have made sueh investigation of the faets peitaining to this Agreement as they _
deem neeessary, and that they have not relied upon any statement, promise, ,
Page 3 of 5

STIPULATED PAYMENT AGREEMENT

 representation or warranty in entering into this Agaeement other than the
1
promises, representations and warranties eontained herein. It is expressly
2
understood and agreed that no representations or promises of any l-tind, other than
3-
as oontained herein, have been made by any party to induee any other party to

*1: enter into this Agreement.

This Agreement shall not have, or be eonstrued to have, any preoedential effeet
5
with respeet to any present or future litigation by and between the Parties.
6
This Agreement is subj eot to the California Publie Reeords Aet, as contained
T within California Government Code, 6250 er. seq.
El The terms of this Agreement shall be binding upon the Parties to this Agreement

9
and upon their representatives, sueeessors, heirs, and assigns.
If any portion of this Agreement is found to be unlawful or unenforoeable-, then
10
that part shall be deemed severable and the remainder of this Agreement shall
11
remain in full foree and effeet. I
12 ! Eaeh Party shall bear its own attorneys fees, expenses, and eosts in relation to

13 this matter.
The Parties agree and eonsent that this Agreement shall be governed by the laws
1s l
of the State of California.
1s
Any aetion pursuant to this Agreement will oeeur in the proper venue of
15 Saeramento, California.
1? This Agreement may be exeeuted simultaneously or in any number of
eounterparts, eaeh ofwhieh shall be deemed an original, equally admissible in
10
evidenee, but all of whieh together shall eonstitute one and the same Agreement.
10
Copies of signatures have the same validity and effeet as original signatures.
20
The effeotive date of this Agreement is the date on whieh it is signed by the last
21 Party referred to below.

22

23

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STIPULATED PAYMENT AGREEMENT

 IT IS SO STll'lll.ATED AND AGREED:

l gr--* "Tr
_ __i - _. _ .. _ Dell. l-"~17 _ '_"'3"_"/_?,
Charles Tenborg
I CEC ELECT WASTE YCI. ' lNC-._

5? ta.__'Z,(F&.5/7
1

!_ _..__e._ ,__ , ,, __ _ _-._ Dal ____

Jeff Hunts, CEW Prograln Manager
CALIFORNIA DEPARTMENT OF RESOURCES
RECYCLING AND RECOVERY

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STIPULATED PAYMENT AGREEMENT

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