§ 23-24.10-12. Department responsibility.
The department shall:
(a) Maintain and make available on its website the following lists, which must be updated
by the first day of each month:
(1) A list of registered manufacturers and their brands;
(2) A list of brands for which no manufacturer has registered; and
(3) A list that identifies which manufacturers are in compliance with this chapter.
(b) Review and approve manufacturer plans that comply with this chapter and are submitted
annually by manufacturers choosing to implement a manufacturer program for recycling
covered electronic products.
(c) Review and approve the corporation's plan as established by § 23-24.10-11.
(d) Review and adopt the return share and return share by weight for all manufacturers,
except television and printer manufacturers, for the following year as determined
by the corporation pursuant to § 23-24.10-11. The department shall review and adopt the market share and market share by weight
for all television and printer manufacturers for the following year as determined
by the corporation pursuant to § 23-24.10-11.
(e) By September 15 of each year, notify each manufacturer that had a return share determined
under § 23-24.10-11 its return share and its return share by weight for the following year. By September
15 of each year, notify each television and printer manufacturer that had a market
share determined under § 23-24.10-11 its market share and its market share by weight for the following year.
(f) Review and adopt the recycling fee for all manufacturers as determined by the corporation
pursuant to § 23-24.10-11.
(g) By September 15 prior to the program year for which a revised cost per pound is to
be used in accordance with the provisions of § 23-24.10-11 the department shall notify all registered manufacturers of the revised cost per
pound.
(h) Report biennially to the general assembly on the operation of the statewide system
for collection, transportation, and recycling of covered electronic products.
(i) Environmentally sound recycling and reuse. The department shall develop and adopt regulations no later than January 30, 2009,
to define environmentally sound recycling and reuse practices for the manufacturers'
plans and the state program. These regulations will apply to collectors, transporters,
and processors, and should ensure that all their downstream vendors comply with all
local, state, and federal regulations, and must not violate laws in importing and
transit countries when exporting environmentally sensitive materials throughout final
disposition.
(j) Regulatory authority. The department may adopt such regulations as shall be necessary to implement the provisions
of this chapter and may include exemptions from provisions of this chapter as deemed
appropriate by the department.