§ 27-3303 — Producer plan

New York § 27-3303

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 33: Extended Producer Responsibility For Carpet
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-3303. Producer plan.\n 1. No later than December thirty-first, two thousand twenty-five, a\nproducer, either individually or cooperatively with one or more\nproducers, or a representative organization shall submit to the\ndepartment for the department's approval a plan for the establishment of\na carpet collection program that meets the collection requirements\ndescribed in this section.\n 2. A producer may satisfy the carpet collection program requirement of\nthis section by agreeing to participate collectively with other\nproducers. Any such collective carpet collection program shall notify\nthe department.\n 3. A producer or representative organization shall update the plan, as\nneeded, when there are changes proposed to the current program. A new\nplan or amendment will be required to be submitted to the department for\napproval when:\n (a) there is a revision of the program's goals; or\n (b) every three years from the date of approval of a previous plan.\n 4. The plan submitted by the producer or representative organization\nto the department under this section shall, at a minimum:\n (a) provide a list of each participating producer and brands covered\nby the program;\n (b) provide information on the products covered by the program;\n (c) describe how the producer or representative organization will\ncollect, transport, recycle, and process carpet;\n (d) describe how the program will provide for collection of carpet in\nthe state, free of cost and in a manner convenient to consumers and\ncarpet installers, including how the program will achieve, at a minimum,\na convenience standard which ensures that all counties of the state and\nall municipalities which have a population of ten thousand or greater\nhave at least one permanent collection site and one additional permanent\ncollection site for every thirty thousand people located in those areas,\nthat accepts carpet from consumers during normal business hours;\nhowever, with respect to a city having a population of one million or\nmore, after consultation with the department of sanitation of such city,\nthe department may otherwise establish an alternative convenience\nstandard. The producer or representative organization may coordinate the\nprogram with existing municipal waste collection infrastructure as is\nmutually agreeable. Convenience standards shall be evaluated by the\ndepartment periodically and the department may require additional\ncollection locations to ensure adequate consumer convenience;\n (e) describe in detail education and outreach efforts to inform\nconsumers, carpet installers and others engaged in the management of\ndiscarded carpet about the program including, at a minimum, an internet\nwebsite and a toll-free telephone number and written information\nincluded at the time of sale of carpet that provides sufficient\ninformation to allow a consumer to learn how to return such carpet for\ndisposal, recycling or reuse;\n (f) describe the methods to be used to reuse or recycle discarded\ncarpet;\n (g) describe the methods to be used to manage or dispose of discarded\ncarpet that cannot be recycled or reused;\n (h) describe how the program will meet annual performance goals, as\ndetermined by the department, provided that at a minimum, the program\nshall achieve the following recycling rates:\n (i) a thirty percent recycling rate for carpets of which ten percent\nshall be closed-loop recycling by five years after the plan is approved\nby the department pursuant to section 27-3309 of this title;\n (ii) a fifty percent recycling rate for carpets of which twenty\npercent shall be closed-loop recycling by ten years after the plan is\napproved by the department pursuant to section 27-3309 of this title;\nand\n (iii) a seventy-five percent recycling rate for carpets, of which\nforty percent shall be closed-loop recycling by fifteen years after the\nplan is approved by the department pursuant to section 27-3309 of this\ntitle;\n (i) describe what, if any, incentives will be used to encourage\nretailer participation;\n (j) describe the outreach and education methods that will be used to\nencourage municipal landfill and transfer station participation;\n (k) describe the sources of data and methodology for estimating the\namount of carpet discarded in the state annually; and\n (l) any other information as specified by the department.\n