§ 23-24.10-11 - Rhode Island resource recovery corporation responsibility.
SECTION 23-24.10-11
§ 23-24.10-11 Rhode Island resourcerecovery corporation responsibility. – (a) The corporation shall establish a state program for the collection,transportation and recycling of covered electronic products from households andpublic and private elementary and secondary schools in this state. The stateprogram shall be fully funded through the recycling fees as defined insubsection (d) herein. The corporation shall submit a plan to the departmentfor review and approval that will:
(1) To the extent practicable, use existing local collection,transportation and recycling infrastructure;
(2) Use environmentally sound management practices as definedunder subsection 23-24.10-12(i) to collect, transport and recycle coveredelectronic products;
(3) Provide for households and public and private elementaryand secondary schools convenient and available collection services and sitesfor covered electronic products in each county of this state and collectionservices shall be free of charge for households and public and privateelementary and secondary schools;
(4) Advertise and promote collection opportunities statewideand on a regular basis; and
(5) Conduct an actual count of the covered electronicproducts collected and recycled by the state program during each calendar yearusing a methodology approved by the department and prepare a report no laterthan March 1 of the following calendar year that includes but is not limited to:
(i) A list of all brands identified during the count;
(ii) The weight of covered electronic products, excepttelevisions, identified for each brand during the count; and
(iii) The total weight of covered electronic products,including orphan waste if applicable, collected from households and public andprivate elementary and secondary schools in the state by the state programduring the previous calendar year.
(6) Maintain on its website information on collectionopportunities for covered electronic products, including collection sitelocations and hours. The information must be made available in a printableformat for retailers.
(b) Covered electronic products account fund. Thecorporation shall create the covered electronic products account fund. Interestearned by the account shall be credited to the account. Fees collected by thecorporation under subsection (c) below shall be deposited in the coveredelectronic products account fund. Moneys in the account are to be used only topay the costs of implementing this chapter and enforcing the disposal ban in§ 23-24.10-5.
(c) The corporation shall determine the return share andreturn share by weight for each calendar year for each manufacturer, excepttelevision manufacturers. The return share shall be determined by dividing thetotal weight of covered electronic products of that manufacturer's brands bythe total weight of covered electronic products for all manufacturers' brands.The return share by weight shall be determined by multiplying the return sharefor each such manufacturer by the total weight in pounds of covered electronicproducts, including orphan waste, collected from households and public andprivate elementary and secondary schools the previous calendar year.
(1) For 2009 and 2010, determine the return share and returnshare by weight for each manufacturer, except television manufacturers, basedon the best available public return share data and public weight data fromwithin the United States for covered electronic products from households andpublic and private elementary and secondary schools. For subsequent years, thereturn share of covered electronic products for each manufacturer shall bebased on the most recent annual sampling or count of covered electronicproducts. For subsequent years, the total weight in pounds of coveredelectronic products shall be based on the total weight of covered electronicproducts, including orphan waste, determined by the department.
(2) Determine the market share for each televisionmanufacturer in accordance with subsection 23-24.10-3(7).
(3) The corporation shall present the proposed return ormarket shares for each manufacturer to the department for review and approval.
(d) Determine the recycling fee to be paid by eachmanufacturer that participates in the state program established pursuant tothis section. The corporation shall determine the recycling fees as follows:
(1) For each manufacturer, except television manufacturers,the corporation shall determine the recycling fee based on the manufacturer'sannual return share and return share by weight as determined under subsection(c) of this section. The fee shall be calculated on a per pound basis and shallnot exceed fifty cents ($.50) per pound.
(2) By January 1 of each year, the corporation shall set thecost per pound for collection, transportation, and recycling of coveredelectronic products, except televisions, in order to reasonably approximatemarket costs for these services, which cost per pound is used to calculate thefee. The corporation may adjust such cost per pound in order to reasonablyapproximate market costs for the collection, transportation, and recycling ofcovered electronic products.
(3) By January 1 of each year, for each televisionmanufacturer that participates in the state program the corporation shalldetermine, by regulation, the recycling fee based on a televisionmanufacturer's market share.
(4) The corporation shall present the proposed recycling feesand any adjusted recycling fees for each manufacturer to the department forreview and approval.
(e) Regulatory authority. The corporation may adoptsuch regulations as shall be necessary to implement the provisions of thischapter.