§ 27-3309 — Department responsibilities

New York § 27-3309

• 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

§ 27-3309. Department responsibilities.\n 1. The department shall (a) maintain a list of producers who are\nimplementing or participating pursuant to section 27-3303 of this title,\n(b) maintain a list of each such producer's brands, and (c) post such\nlists on the department's website.\n 2. Beginning July first, two thousand twenty-six, the department shall\npost on its website the location of all collection sites identified to\nthe department by the producer in its plans and annual reports.\n 3. The department shall post on its website each producer plan\napproved by the department.\n 4. Within ninety days after receipt of a proposed plan or plan\namendment, the department shall approve or reject the plan or the plan\namendment. If the plan or plan amendment is approved, the department\nshall notify the producer or representative organization in writing. If\nthe department rejects the plan or plan amendment, the department shall\nnotify the producer or representative organization in writing stating\nthe reason for rejecting the plan or plan amendment. A producer or\nrepresentative organization whose plan is rejected shall submit a\nrevised plan to the department within thirty days of receiving a notice\nof rejection. If the department rejects the subsequent proposal, the\nproducer or producers at issue shall be out of compliance and subject to\nenforcement provisions.\n 5. The department shall submit a report regarding the implementation\nof this title in this state to the governor and legislature by April\nfirst, two thousand twenty-seven and every two years thereafter. The\nreport shall include, at a minimum, an evaluation of:\n (a) the stream of carpet in the state;\n (b) disposal, recycling and reuse rates in the state for carpet;\n (c) a discussion of compliance and enforcement related to the\nrequirements of this title; and\n (d) recommendations for any changes to this title.\n 6. Starting four years after the plan is approved by the department\npursuant to this section, the department shall impose a penalty of\ntwenty-five cents per pound to be assessed on the producer or\nrepresentative organization for the number of additional pounds of\ncarpet that would have needed to be recycled through the program to\nachieve the performance goals specified in the approved stewardship\nplan. All penalties collected pursuant to this section shall be paid\nover to the commissioner for deposit to the environmental protection\nfund established pursuant to section ninety-two-s of the state finance\nlaw.\n