§ 27-2605 — Manufacturer electronic waste registration and responsibilities

§ 27-2605. Manufacturer electronic waste registration and\n responsibilities.\n 1. A manufacturer shall submit a registration on a form prescribed by\nthe department to the department by January first, two thousand eleven,\nalong with a registration fee of five thousand dollars. The department\nmay require such form to be filed electronically. Such registration\nshall include:\n (a) the manufacturer's name, address, and telephone number;\n (b) the name and title of an officer, director, or other individual\ndesignated as the manufacturer's contact for purposes of this title;\n (c) a list identifying the manufacturer's brands;\n (d) a general description of the manner in which the manufacturer will\ncomply with section 27-2603 of this title, including specific\ninformation on the manufacturer's electronic waste acceptance program in\nthe state, and a current list of locations within the state where\nconsumers may return electronic waste;\n (e) sales data reported by weight for the manufacturer's covered\nelectronic equipment sold in this state for the previous three calendar\nyears, categorized by type to the extent known. If the manufacturer\ncannot provide accurate state sales data, it must explain why such data\ncannot be provided, and estimate state sales data by (i) dividing its\nnational sales data by weight by the national population according to\nthe most recent census and multiplying the result by the population of\nthe state, or (ii) another method approved by the department;\n (f) a statement disclosing whether: (i) any covered electronic device\nsold in this state exceeds the maximum concentration values established\nfor lead, mercury, cadmium, hexavalent chromium, polybrominated\nbiphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the\nrestriction of hazardous substances directive (RoHS) pursuant to\n2002/95/EC of the European Parliament and Council and any amendments\nthereto and if so, a listing of any covered electronic equipment that is\nnot in compliance with such directive; or (ii) the manufacturer has\nreceived an exemption from one or more of those maximum concentration\nvalues under the RoHS directive that has been approved and published by\nthe European Commission; and\n (g) any other information as the department may require.\n 2. A manufacturer's registration is effective upon acceptance by the\ndepartment and must be updated within thirty days of any material change\nto the information required by subdivision one of this section.\n 3. Any person who becomes a manufacturer on or after January first,\ntwo thousand eleven shall register with the department prior to selling\nor offering for sale in the state any covered electronic equipment, and\nmust comply with the requirements of this title.\n 4. No later than April first, two thousand eleven, a manufacturer\nshall not sell or offer for sale electronic equipment in the state\nunless the manufacturer has registered with the department and maintains\nan electronic waste acceptance program through which the manufacturer,\neither directly or through an agent or designee, accepts electronic\nwaste from consumers in the state for recycling. The manufacturer shall\nensure that retailers are notified of such registration.\n 5. The electronic waste acceptance program shall include, at a\nminimum:\n (a) collection, handling and recycling or reuse of electronic waste\npursuant to section 27-2603 of this title in a manner convenient to\nconsumers. The following acceptance methods shall be considered\nreasonably convenient: (i) mail or ship back return programs; (ii)\ncollection or acceptance events conducted by the manufacturer or the\nmanufacturer's agent or designee, including events conducted through\nlocal governments or private parties; (iii) fixed acceptance locations\nsuch as dedicated acceptance sites operated by the manufacturer or its\nagent or designee; (iv) agreements with local governments, retail\nstores, sales outlets and not-for-profit organizations which have agreed\nto provide facilities for the collection of electronic waste; (v)\ncommunity collection events; and (vi) any combination of these or other\nacceptance methods which effectively provide for the acceptance of\nelectronic waste for recycling or reuse through means that are available\nand reasonably convenient to consumers in the state. At a minimum, the\nmanufacturer shall ensure that all counties of the state, and all\nmunicipalities which have a population of ten thousand or greater, have\nat least one method of acceptance that is available within such county\nor municipality. The department may establish additional requirements to\nensure convenient collection from consumers;\n (b) information on how consumers can destroy all data on any\nelectronic waste, either through physical destruction of the hard drive\nor through data wiping;\n (c) a public education program to inform consumers about the\nmanufacturer's electronic waste acceptance program, including at a\nminimum: (i) an internet website and a toll-free telephone number and\nwritten information included in the product manual for, or at the time\nof sale of, covered electronic equipment that provides sufficient\ninformation to allow a consumer of covered electronic equipment to learn\nhow to return the covered equipment for recycling or reuse, and in the\ncase of manufacturers of computers, hard drives and other covered\nelectronic equipment that have internal memory on which personal or\nother confidential data can be stored, such website shall provide\ninstructions for how consumers can destroy such data before surrendering\nthe products for recycling or reuse; (ii) advertisements and press\nreleases if any; and\n (d) any other information as required by the department in accordance\nwith regulations promulgated pursuant to this article.\n 6. A manufacturer shall maintain records demonstrating compliance with\nthis title and make them available for audit and inspection by the\ndepartment for a period of three years.\n 7. A manufacturer may satisfy the electronic waste collection\nrequirements of this section by agreeing to participate in a collective\nelectronic waste acceptance program with other manufacturers. Any such\ncollective electronic waste acceptance program must meet the same\nrequirements as an individual manufacturer. Any collective electronic\nwaste acceptance program must include a list of manufacturers that are\nparticipating in such program along with other identifying information\nas may be required by the department. Such program shall submit a\nregistration to the department along with a registration fee of ten\nthousand dollars.\n 8. A manufacturer shall be responsible for all costs associated with\nthe implementation of the electronic waste acceptance program. The\nmanufacturer shall not charge consumers for the collection, handling and\nrecycling and reuse of electronic waste, provided that such prohibition\nshall not apply to a charge on business consumers or to charges for\npremium services. This prohibition shall not apply to a manufacturer's\ncontract with a consumer for the collection, handling, recycling or\nreuse of electronic waste that was entered into prior to the effective\ndate of this section. For purposes of this subdivision, "business\nconsumer" means a for-profit entity which has fifty or more full time\nemployees or a not-for-profit corporation with seventy-five or more full\ntime employees, but not a not-for-profit corporation designated under\nsection 501(c)(3) of the internal revenue code. For purposes of this\nsubdivision, "premium services" means equipment and data security\nservices, refurbishment for reuse by the consumer, and other custom\nservices as may be determined by the department.\n