§ 27-3305 — Producer responsibilities

§ 27-3305. Producer responsibilities.\n 1. Beginning not later than July first, two thousand twenty-six, the\nproducer or representative organization shall implement the carpet\ncollection program utilizing collection sites established pursuant to\nparagraph (d) of subdivision four of section 27-3303 of this title.\n 2. A producer shall not sell, or offer for sale, carpet to any person\nin the state unless the producer is implementing or participating under\nan approved plan.\n 3. The program shall be free to the consumer, convenient and adequate\nto serve the needs of consumers in all areas of the state on an ongoing\nbasis.\n 4. A producer or representative organization shall maintain records\ndemonstrating compliance with the provisions of this title and make them\navailable for audit and inspection by the department for a period of\nthree years. The department shall make such records available to the\npublic upon request in accordance with the provisions of the state\nfreedom of information law and the regulations promulgated thereunder.\nRecord holders shall submit the records required to comply with the\nrequest within sixty working days of written notification by the\ndepartment of receipt of the request.\n 5. A producer or representative organization shall be responsible for\nall costs associated with the implementation of the carpet collection\nprogram, including but not limited to the cost of collection. A\nproducer, producers or representative organization shall pay costs\nincurred by the department in the administration and enforcement of this\ntitle. Exclusive of fines and penalties, the department shall only be\nreimbursed its actual cost of administration and enforcement.\n 6. Any person who becomes a producer on or after December\nthirty-first, two thousand twenty-five shall submit a plan to the\ndepartment, or notify the department that it has joined an existing\nplan, prior to selling or offering for sale in the state any carpet, and\nshall comply with the requirements of this title.\n 7. On or before July first, two thousand twenty-seven, and annually\nthereafter, a producer or representative organization shall submit a\nreport to the department that includes, for the previous program year, a\ndescription of the program, including, but not limited to, the\nfollowing:\n (a) a detailed description of the methods used to collect, transport,\nand process carpet in the state, including detailing collection methods\nmade available to consumers and an evaluation of the program's\ncollection convenience;\n (b) identification of all collection sites in the state;\n (c) the weight of all of the producer's carpet collected in the state\nby method of disposition, including reuse, recycling and other methods\nof processing or disposal;\n (d) an evaluation of whether the performance goals and recycling rates\nhave been achieved;\n (e) the total cost of implementing the program;\n (f) samples of all educational materials provided to consumers and a\ndetailed list of efforts undertaken and an evaluation of the methods\nused to disseminate such materials including recommendations, if any,\nfor how the educational component of the program can be improved; and\n (g) any other information required by the department.\n 8. On or before January first of each program year following\nimplementation of the plan pursuant to section 27-3303 of this title,\neach producer, group of producers or representative organization shall\nsubmit a report to the department that assesses compliance with\nperformance goals and describes any modifications necessary to achieve\nsuch goals.\n