§ 23-24.10-9 - Manufacturer responsibility.
SECTION 23-24.10-9
§ 23-24.10-9 Manufacturer responsibility.– (a) A manufacturer choosing to implement a manufacturer program shall submit aplan to the department at the time of payment of the annual registration feerequired under subsection 23-24.10-8(c).
(b) The manufacturer's plan must describe how themanufacturer will:
(1) Finance, manage and conduct a statewide program tocollect covered electronic products from households and public and privateelementary and secondary schools in this state;
(2) Provide for environmentally sound management practices tocollect, transport and recycle covered electronic products;
(3) Provide for advertising and promotion of collectionopportunities statewide and on a regular basis; and
(4) Include convenient service statewide. Collectionsites shall be staffed and open to the public at a frequency adequate to meetthe needs of the area being served. A program may provide collection servicejointly with another program and may include, but not be limited to, mail backprograms and collection events.
(c) The plan shall include a statement disclosing whether:(1) any video display devices sold in Rhode Island exceed the maximumconcentration values established for lead, mercury, cadmium, hexavalentchromium, polybrominated diphenyls (PBBs), and polybrominated diphenyl ethers(PBDEs) under the RoHS (restricting the use of certain hazardous substances inelectrical and electronic equipment) directive 2002/95/EC of the Europeanparliament and council and any amendments there to enacted as of the date; or(2) the manufacturer has received an exemption from one or more of thosemaximum concentration values under the RoHS directive that has been approvedand published by the European commission.
(d) A manufacturer choosing to implement a manufacturerprogram shall:
(1) Provide for collection, transportation and recycling ofcovered electronic products from households and public and private elementaryand secondary schools free of charge and a manufacturer that provides premiumservice for a person may charge for the additional cost of that premium service.
(2) Implement the plan and provide a report to the departmentno later than February 1 of each year that details how the plan required underthis section was implemented during the previous calendar year.
(3) Conduct a statistically significant sampling or actualcount of the covered electronic products collected and recycled by themanufacturer each calendar year using a methodology approved by the department.The manufacturer shall report the results of the sampling or count to thedepartment no later than January 1 of the following calendar year. For allmanufacturers, excluding televisions manufactured, the report must include:
(i) A list of all brands identified during the sampling orcount by the manufacturer;
(ii) The weight of covered electronic products identified foreach brand during the sampling or 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 manufacturerduring the previous calendar year.
(e) A group of manufacturers, except televisionmanufacturers, may choose to implement a manufacturer program as one entity, ifin doing so the manufacturers meet the sum of their individual return shares byweight under subsection 23-24.10-12(d) and that sum is at least five percent(5%). A group of television manufacturers may choose to implement amanufacturer program as one entity, if in doing so the manufacturers meet thesum of their individual market shares under subsection 23-24.10-12(d).
(f) By February 1 of each year, a manufacturer that does notmeet its share for the previous calendar year shall pay the department for theamount not achieved at a rate determined by the department to be equivalent tothe amount the manufacturer would have paid as defined under subsection23-24.10-11(d) plus ten percent (10%), to be part of the state program.
(g) A manufacturer, except a television manufacturer, withless than a five percent (5%) return share is required to participate in thestate program under § 23-24.10-11. A television manufacturer that does nothave an approved manufacturer's plan shall participate in the state programunder § 23-24.10-11.
(h) A manufacturer participating in the state program under§ 23-24.10-11 shall notify the department at the time of its registrationeach year.
(i) By February 1 of each year, a manufacturer thatparticipates in the state program shall pay a recycling fee to the corporationin an amount adopted by the department under § 23-24.10-12 to cover thecosts of collecting, transporting and recycling the manufacturer's annual shareof covered electronic products for the following year.
(j) A manufacturer program, the state program or a collectorparticipating in a manufacturer program or the state program may not charge afee to households or public and private elementary and secondary schools forthe collection, transportation or recycling of those covered electronicproducts.
(2) A collector that provides a premium service to a personmay charge for the additional cost of providing the premium service.