250-RICR-140-20-4
250-RICR-140-20-4. Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act (version Adoption, 12/31/2013 to 12/31/2013)
State of Rhode Island and Providence Plantations
Department of Environmental Management
Office of Waste Management
Rules and Regulations Governing the Administration and Enforcement
of the Electronic Waste Prevention, Reuse and Recycling Act
December 2013
Authority:
These rules and regulations are promulgated pursuant to the Electronic Waste
Prevention, Reuse and Recycling Act (R.I. General Laws Chapter 23-24.10), the
Refuse Disposal Act (R.I. General Laws Chapter 23-18.9), the Hazardous Waste
Management Act (R.I. General Laws Chapter 23-19.1), the Department of
Environmental Management (R.I. General Laws Chapter 42-17.) and in
accordance with R.I. General Laws Chapter 42-35 Administrative Procedures of
R. I. General Laws of 1956, as amended.
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State of Rhode Island and Providence Plantations
RI Department of Environmental Management
Rules and Regulations Governing the Administration and Enforcement of the
Electronic Waste Prevention, Reuse and Recycling Act
Table of Contents
1. PURPOSE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5. DISPOSAL BAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6. SALES AND LABOR PROHIBITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7. LABELING AND REGISTRATION REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . 8
8. MANUFACTURER COLLECTION PROGRAMS FOR TELEVISIONS . . . . . . . . . . . . 10
9. MANUFACTURER COLLECTION PROGRAMS FOR COMPUTER EQUIPMENT . . 14
10. ADMINISTRATION OF THE STATE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11. RETAILER RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12. REGISTRATION REQUIREMENTS FOR COLLECTORS AND RECYCLERS . . . . . 22
13. ENVIRONMENTALLY SOUND MANAGEMENT OF COVERED PRODUCTS . . . 23
14. ENFORCEMENT / PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
15. APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
16. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
17. EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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1. Purpose
In accordance with the Electronic Waste Prevention, Reuse and Recycling Act , R.I.
General Laws Chapter 23-24.10 (adopted in 2008 and amended in 2010), the purpose of
these regulations is to establish a manufacturer financed system for the collection,
recycling, and reuse of covered electronic products in Rhode Island; develop a
comprehensive strategy for prevention and reduction of electronic waste; promote the
development of state infrastructure for the reuse and recycling of used electronics;
promote the handling, recycling and disposal of covered electronic products in a sound
and responsible manner; and encourage the design of covered electronic products that are
less toxic, more durable and more recyclable.
2. Authority
These rules and regulations are promulgated pursuant to the Electronic Waste Prevention,
Reuse and Recycling Act R.I. General Laws Chapter 23-24.10, the Refuse Disposal Act
R.I. General Laws Chapter 23-18.9, the Hazardous Waste Management Act R.I. General
Laws Chapter 23-19.1, the Department of Environmental Management R.I. General Laws
Chapter 42-17.1 and in accordance with R.I. General Laws Chapter 42-35 Administrative
Procedures of the R. I. General Laws of 1956, as amended.
3. Application
The terms and provisions of these rules and regulations shall be liberally construed to
permit the Department to effectuate the purposes of state law, goals, and policies.
4. Definitions
For the purposes of these regulations, the following terms shall have the following
meanings:
4.1 Basic Service means collection services provided for free by the State Program or a
manufacturer within the scope of its approved independent or group collection plan that
includes: 1) permanent drop off locations easily accessible by the public; 2) mail-back
opportunities; 3) in-store retail collection opportunities; or 4) scheduled collection events.
4.2 Cathode Ray Tube or “CRT” means an electron tube or evacuated glass container,
having a cathode or negative electrode at one end, and a device typically called an
electron gun that projects a beam of electrons against a luminescent screen at the opposite
end of the tube. Cathode ray tubes, or CRTs, are used as picture tubes in television
receivers, visual display screens in radar receiving equipment, computer installations, and
oscilloscopes.
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4.3 Collector means a public or private entity that receives covered electronic products or
electronic devices banned from disposal and arranges for the delivery of the products or
devices to a recycler.
4.4 Computer, often referred to as a personal computer or PC, means a desktop or notebook
computer as further defined below, but does not mean an automated typewriter, electronic
printer, mobile telephone, portable hand-held calculator, portable digital assistant (PDA),
MP3 player, or other similar device. Computer does not include computer peripherals,
commonly known as cables, mouse, or keyboard; computer servers marketed to
professional users; or retail store terminals or cash registers, used at customer checkout in
the retail industry. For purposes of participation in an independent or group-run
manufacturer collection program, computer is further defined to include desktop
computers, notebook computers (which includes tablets), monitors (as is used with a
computer) and any other covered electronic product with the exception of televisions.
4.5 Corporation means the Rhode Island Resource Recovery Corporation created and
established pursuant to Chapter 23-19 of the Rhode Island General Laws.
4.6 Covered Electronic Products means:
Computers (including central processing unit or CPU) as defined herein;
Computer monitors, including CRT monitors and flat panel monitors;
Combination units (CPUs with monitors);
Televisions including CRT-based and non-CRT-based televisions, plasma, LED and
LCD, or any similar video display device with a screen greater than nine (9) inches
diagonally and that contains a circuit board; and
“Covered Electronic Products" does not mean a computer, television or video display
device that is: (a) a part of a motor vehicle or any component part of a motor vehicle
assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement
parts for use in a motor vehicle; or (b) functionally or physically a part of, connected to or
integrated within a larger piece of equipment designed and intended for use in an
industrial, governmental, commercial, research and development, or medical setting,
(including diagnostic, monitoring, or other medical products as that term is defined under
the Federal Food, Drug, and Cosmetic Act) or equipment used for security, sensing,
monitoring, or anti-terrorism purposes; or (c) contained within a home appliance, clothes
washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven,
conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air
purifier; or (d) a handheld device used to access commercial mobile radio service, as such
service is defined in 47 CFR 20.3, or (e) a printer.
4.7 Department means the RI Department of Environmental Management.
4.8 Desktop Computer means an electronic, magnetic, optical, electrochemical, or other
high speed data processing device performing logical, arithmetic, or storage functions for
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general purpose needs which are met through interaction with a number of software
programs contained therein, and which is not designed to exclusively perform a specific
type of logical, arithmetic or storage function or other limited or specialized application.
Human interface with a desktop computer is achieved through a standalone keyboard,
standalone monitor or other display unit, and a standalone mouse or other pointing
device, and is designed for a single user. A desktop computer has a main unit that is
intended to be persistently located in a single location, often on a desk or on the floor. A
desktop computer is not designed for portability and generally utilizes an external
monitor, keyboard, and mouse with an external or internal power supply for a power
source. Desktop computer does not include an automated typewriter or typesetter.
4.9 Director means the director of the RI Department of Environmental Management, or his
or her designee
4.10 Environmentally Sound Management means practices for the collection, storage,
transportation, reuse, recycling and disposal of discarded covered electronic products or
electronic devices banned from disposal to be implemented by the State Program or an
approved manufacturers’ collection program, or such organization's contracted partners,
to ensure compliance with all applicable federal, state and local laws, regulations and
ordinances and the protection of human health and the environment. Environmentally
sound management practices shall include, but are not limited to, record keeping, on-site
environmental/health and safety practices, tracking throughout, data destruction, storage,
transportation and financial responsibility.
4.11 Household means a person, or group of people, living in a single detached dwelling, a
residential condominium or a single unit of a multiple unit dwelling.
4.12 Manufacturer Program means a statewide program for collecting, transporting, and
recycling covered electronic products that is provided by the manufacturer pursuant to an
approved collection plan.
4.13 Manufacturer means a person or entity who:
Manufactures or manufactured a covered electronic product under a brand it owns; or is
or was licensed to use;
Sells or sold under a brand or label it owns or is or was licensed to use a covered
electronic product produced by other suppliers; or
Assumes the financial responsibility of manufacturer collection, transportation or
recycling as further defined herein; or
Imports or imported a covered electronic product into the United States that is
manufactured by a person without a presence in the United States; or
Sells at retail a covered electronic product acquired from an importer that is the
manufacturer and elects to register in lieu of the importer.
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4.14 Market Share means a television manufacturers' national sales of televisions expressed
as a percentage of the total of all television manufacturers' national sales based on the
best available public data.
4.15 Monitor means a video display device without a tuner that can display pictures and
sound and is used with a computer.
4.16 Notebook Computer means an electronic, magnetic, optical, electrochemical, or other
high-speed data processing device performing logical, arithmetic, or storage functions for
general purpose needs which are met through interaction with a number of software
programs contained therein, and which is not designed to exclusively perform a specific
type of logical, arithmetic or storage function or other limited or specialized application.
Human interface with a notebook computer is achieved through a keyboard, video
display greater than nine inches (9) in size, and mouse or other pointing device, all of
which are contained within the construction of the unit which comprises the notebook
computer; supplemental standalone interface devices typically can also be attached to the
notebook computer. Notebook computers can use external, internal, or batteries for a
power source. Notebook computer does not include a portable handheld calculator, or
smart phone or similar specialized device. A notebook computer has an incorporated
video display greater than nine inches (9) in size and can be carried as one unit by an
individual. A notebook computer is sometimes referred to as a laptop computer. It shall
also include tablets, e-readers, and similar computers with touch user screen interfaces
greater than nine inches (9) in size.
4.17 Orphan Waste means a covered electronic product, except a television, for which no
manufacturer can be identified or the manufacturer is no longer in business and no
successor business can be identified.
4.18 Person means an individual, trust, firm, joint stock company, corporation (including a
government corporation), partnership, association, the federal government or any agency
or subdivision thereof, a state, municipality, commission, political subdivision of a state,
or any interstate body.
4.19 Premium Service means services including, but not limited to, scheduled at-home
pickup services or curbside pickup services provided by a manufacturer outside the scope
of its approved independent or group collection plan. It shall also include advanced data
destruction services provided at the request of the household or school. Premium services
are provided on a fee-for-service basis and provide more convenient collection
opportunities or data security services beyond what it required by the State Program or an
approved manufacturer independent or group collection plan.
4.20 Printer means desktop printers, multifunction printer copiers, and printer/fax
combinations taken out of service that are designed to reside on a work surface, and
include various print technologies, including without limitation laser and LED
(electrographic), ink jet, dot matrix, thermal, and digital sublimation, and multi-function
or all-in-one devices that perform different tasks, including without limitation copying,
scanning, faxing, and printing. Printers do not include floor-standing printers, printers
with optional floor stand, point of sale (POS) receipt printers, household printers such as
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a calculator with printing capabilities or label makers, or non-standalone printers that are
embedded into products that are not covered electronic products.
4.21 Program Year means January 1st through December 31st, also referred to as calendar
year.
4.22 R2 Practices mean the environmentally sound management practices as set forth in the
R2 2013 Responsible Recycling (R2) Standard for Electronics Recyclers (commonly
referred to as the R2:2013 Standard).
4.23 Recycler means a public or private individual or entity who accepts covered electronic
products directly from the public or from collectors for the purpose of recycling. A
manufacturer who takes products solely for refurbishment or repair is not a recycler. A
recycler may also be a collector if it meets the definition of a collector.
4.24 Retailer means a person or entity who sells a covered electronic product in the state to a
consumer. Retailer includes, but is not limited to, a manufacturer of a covered electronic
product who sells directly to a consumer through any means, including, but not limited
to, transactions conducted through sales outlets, catalogs or the Internet, or any similar
electronic means, but not including leasing, commercial financing or wholesale
transactions with a distributor or other retailer.
4.25 Return Share means the minimum percentage of covered electronic products, except
televisions, that an individual manufacturer is responsible for collecting, transporting and
recycling.
4.26 Return Share by Weight means the minimum total weight of covered electronic
products, except televisions, that an individual manufacturer is responsible for collecting,
transporting and recycling.
4.27 School means any residential or non-residential school, public, private or charter, of any
city or town or community educational system regulated, directly or secondarily, by the
Board of Regents for Elementary and Secondary Education or the Department of
Elementary and Secondary Education or any other state education board or local city or
town school board or school committee or other legal educational subdivision acting
under it. It does not include institutions of higher education or child-care facilities as
regulated by the Department of Children, Youth and Families.
4.28 State Program means a statewide program for collecting, transporting and recycling
covered electronic products that is provided by the RI Resource Recovery Corporation
on behalf of manufacturers who pay a recycling fee to the Corporation.
4.29 Television means any telecommunication system device that can broadcast or receive
moving pictures and sound over a distance and includes a television tuner or a display
device peripheral to a computer that contains a television tuner.
4.30 Universal Waste means any of the hazardous wastes that are subject to the universal
waste requirements of 40 CFR part 273 and that are subject to Rule 13 of the
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Department’s Hazardous Waste Regulations adopted pursuant to R.I. General Laws
Chapter 23-19.1.
4.31 Video Display Device means and includes units capable of presenting images
electronically on a screen, with a viewable area greater than nine inches (9) when
measured diagonally, viewed by the user and may include cathode ray tubes, flat panel
computer monitors, plasma displays, liquid crystal displays, rear and front enclosed
projection devices, and other similar displays that exist or may be developed.
5. Disposal Ban
5.1
No person shall dispose of any of the covered electronic products in a manner
other than by recycling or disposal as hazardous waste or universal waste.
5.2
This ban on disposal shall apply to whole units of covered electronic products, as
well as to the constituent subunits and materials from which the units are made.
5.3
No sanitary landfill or transfer station regulated pursuant to RI General Laws 23-
18.9 shall accept any covered electronic products for the purposes of disposal. All
sanitary landfills and transfer stations regulated pursuant to RI General Laws 23-
18.9 shall establish procedures to promote segregation of covered electronic
products from the waste stream, shall document those procedures in the facility
operating plan, and shall implement those procedures as part of the operation of
the facility.
6. Sales & Labor Prohibitions
6.1
A manufacturer not in compliance with all financial and other requirements of RI
General Laws Chapter 23-24.10 is prohibited from offering a covered electronic
product for sale in this state.
6.2
No retailer and/or manufacturer shall offer for sale in this state a new covered
electronic product from a manufacturer that is not in full compliance with the
requirements of RI General Laws Chapter 23-24.10.
6.3
Facilities that recycle covered electronic products, including all downstream
recycling operations, shall not use prison labor to recycle covered electronic
products.
7. Labeling & Registration Requirements
7.1
Labeling. A manufacturer or retailer may not sell or offer for sale a covered
electronic product in the state unless it is labeled with the manufacturer's brand,
and the label is permanently affixed and readily visible.
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7.2
Registration. In accordance with R.I. General Laws 23-24.10-8, a manufacturer
of covered electronic products sold or offered for sale in this state shall register
with the Department by December 15th of each year for a period to cover the
upcoming calendar year, on a form provided by the Department. The registration
shall include:
7.2.1
A list of all brands, by type of covered electronic product,
manufactured, sold or imported by the manufacturer, being offered for
sale in this state;
7.2.2
A statement of whether the manufacturer will be implementing a
manufacturer program or utilizing the State Program for recycling
covered electronic products;
7.2.3
A copy of the manufacturer’s proposed collection and recycling plan if
said manufacturer is choosing to implement its own collection
program, either individually or in conjunction with other
manufacturers as permitted in accordance with R.I General Laws 23-
24.10-9.
7.2.4
All appropriate contact information for the manufacturer, including an
administrative contact and a billing contact.
7.2.5
An annual registration fee of five thousand dollars ($5,000) payable to
the Department. All registration fees shall be deposited into the
Department’s Environmental Response Fund.
7.3
Registration at Time of First Sale of Brand in the State. If a manufacturer has
not previously filed a registration, the manufacturer shall file a registration in
accordance with Section 7.2 with the Department prior to any offer for sale for
delivery in this state of the manufacturer's new covered electronic products and
shall pay to the Department a registration fee of five thousand dollars ($5,000).
7.4
Registration at Time of Notification by Department or Corporation of
Assessed Return Share or Market Share. Any manufacturer to whom the
Department or Corporation provides notification of a return share, return share in
weight or market share pursuant to Section 8.4 or Section 9.4 and who has not
previously filed a registration shall, within thirty (30) days of receiving such
notification, file a registration with the Department and shall pay to the
Department a registration fee of five thousand dollars ($5,000).
7.5
All annual registration fees of five thousand dollars ($5,000) are due to the
Department by December 15th prior to the start of each program year.
7.6
The registration and each annual renewal shall be effective upon receipt by the
Department.
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7.7
All registration fees collected by the Department shall be deposited in the
Environmental Response Fund established pursuant to Rhode Island General
Laws 23-19.1-23.
8. Manufacturer Collection Programs for Televisions
8.1
Designation of Participation: At the time of registration, the manufacturer of
televisions must designate whether it will participate in the State Program or
implement a manufacturer program, either individually or in cooperation with
other manufacturers. Manufacturers who do not indicate a choice between the
State Program or a manufacturer program must participate in the State Program
for the following year.
8.2
Manufacturer Program Plan: Each year, a television manufacturer choosing to
implement a manufacturer program shall submit an implementation plan in
writing to the Department no later than December 15th of the year preceding the
calendar year covered under the proposed plan. A group of television
manufacturers may choose to implement a manufacturer program as one entity, if
in doing so the manufacturers meet the sum of their individual market shares. The
manufacturer's plan must include:
8.2.1 The names of the participating television manufacturers and the
appropriate contact information for all individuals designated with
responsibility for developing the plan and implementing the program.
8.2.2 An explanation of how the television manufacturer(s) will provide
convenient collection service statewide for all brands of covered electronic
products from households and public and private elementary and
secondary schools in this state, including:
8.2.2.1 The staffing and operating hours the collection sites will be open to
the public and an explanation on how that provides a frequency
adequate to meet the needs of the area being served.
8.2.2.2 Any collection service(s) operated jointly with another program(s),
potentially including, but not be limited to, mail back programs
and collection events.
8.2.2.3 All collectors and recyclers to be utilized in the course of the
implementation of the plan, and procedures to ensure that all
collectors and recyclers are properly registered with the
Department is accordance with Section 10 of these regulations.
8.2.3 An explanation of how the television manufacturer(s) will finance a
statewide program to collect covered electronic products from households
and public and private elementary and secondary schools in this state;
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8.2.3.1 The television manufacturer (s) must provide for basic service
collection, transportation and recycling of covered electronic
products from households and public and private elementary and
secondary schools free-of-charge; and
8.2.3.2 The television manufacturer(s) may provide additional premium
service and may charge for the additional cost of that premium
service.
8.2.4
An explanation of how the television manufacturer(s) will provide for
advertising and promotion of collection opportunities statewide and on a
regular basis from households and public and private elementary and
secondary schools in this state;
8.2.5
An explanation of how the television manufacturer(s) will provide for
environmentally sound management practices of covered electronic
products collected, transported and recycled from households and public
and private elementary and secondary schools in this state in accordance
with Section 13.
8.2.6 Proposed methodology and procedures to conduct statistically significant
sampling or an actual count of the covered electronic products collected
and recycled by the television manufacturer each calendar year;
8.2.7 Each television manufacturer included in the plan must include a
statement disclosing whether:
8.2.7.1 Any video display devices sold in Rhode Island exceed the
maximum concentration values established for lead, mercury,
cadmium, hexavalent chromium, polybrominated diphenyls
(PBBs), and polybrominated diphenyl ethers (PBDEs) under the
RoHS (restricting the use of certain hazardous substances in
electrical and electronic equipment) directive 2002/95/EC of the
European parliament and council and any amendments there to
enacted as of the date; or
8.2.7.2 The manufacturer has received an exemption from one or more of
those maximum concentration values under the RoHS directive
that has been approved and published by the European
commission.
8.2.8 Television manufacturers who indicate their intent to participate in a
manufacturers program but do not submit a plan by December 15th must
participate in the State Program for the following year.
8.3
Review, Decisions and Implementation of the Plan: The Department may
approve the plan, approve the plan with conditions and/or amendments, identify
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deficiencies and provide the manufacturer(s) with a specific time period to correct
such issues, or deny the plan.
Any television manufacturer proposing a manufacturer program shall implement
the plan submitted pursuant to Section 8.2 beginning January 1st unless the
television manufacturer has received, in writing, a determination from the
Department that the plan is not acceptable.
If the Department approves the plan with conditions and/or amendments, the
television manufacturer(s) shall implement the plan as directed or appeal the
conditions and/or amendments.
If the Department identifies deficiencies and provides the manufacturer(s) with a
specific time period to correct such issues, the television manufacturer(s) shall
address those deficiencies and submit an amended plan in accordance with the
specific schedule.
If the Department determines that the plan is unacceptable and denies the plan in
writing, the television manufacturer(s) covered under that plan shall participate in
the State Program under RI General Laws 23-24.10-11.
8.4
Market Shares: The Corporation shall propose a market share for each television
manufacturer in accordance with RI General Laws 23-24.10-3(7). The Corporation
shall submit the proposed market shares for each television manufacturer to the
Department, along with the basis for such determination, in writing for review and
approval on an annual basis no later than October 15th of each year.
After review and approval of the proposal submitted by the Corporation, the
Department shall designate the market share for each television manufacturer for
the following year pursuant to RI General Laws 23-24.10-11. By January 1st of
each year, the Department shall notify each television manufacturer that had a
market share greater than zero of that market share for the following year.
A television manufacturer shall remain responsible for brands annually registered
pursuant to Section 7 and corresponding market shares assigned pursuant to this
section for the full calendar year.
8.5
System Performance: Television manufacturer(s) shall design and implement the
collection program with the goal of collecting its assigned market share by weight
for the calendar year.
If a group of television manufacturers choose to implement a manufacturer group
program as one entity, the manufacturers must design that group program to meet
the sum of their individual market shares.
Any television manufacturer that does not meet its assigned market share by weight
for the previous calendar year, either through an individual or group collection
program, may purchase credit for excess material collected either in other
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television manufacturer programs or the State Program. Any rate or price for such
transaction shall be negotiated between the parties. All purchases and transactions
for credit shall only be for excess covered material collected in and originating
from Rhode Island and shall be properly reported in the annual report due to the
Department (and by the Corporation if the purchase included material from the
State Program).
Any television manufacturer that does not meet its assigned market share by weight
for the previous calendar year, either through an individual or group collection
program, shall pay the RI Resource Recovery Corporation an amount equivalent to
the amount the television manufacturer would have paid if a participant in the State
Program plus ten percent (10%). This amount shall be the per pound fee for the
prior year, as approved by the Department, multiplied by the television
manufacturer’s market share as established for the prior program year. Payment
must be submitted to the RI Resource Recovery Corporation by February 1st.
8.6
Reporting: Each television manufacturer must provide a report to the Department
no later than February 1st of each year that details how the plan required under this
section was implemented during the previous calendar year. Television
manufacturers implementing a group collection program may provide one annual
report to the Department addressing items 8.6.1 through 8.6.11 for the entire group
program.
The annual report must include:
8.6.1 A description of the statewide collection service statewide for households
and public and private elementary and secondary schools.
8.6.2 The number of days and operating hours that the collection sites were
open to the public.
8.6.3 A listing of all collectors and recyclers utilized in the course of the
implementation of the plan.
8.6.4 The degree to which the public utilized any premium services.
8.6.5 A listing of the advertising and promotion activities conducted over the
calendar year.
8.6.6 A report on compliance with environmentally sound management
practices as required by Section 13;
8.6.7 The methodology, procedures, and results of the statistically significant
sampling or actual count of the covered electronic products collected and
recycled by the manufacturer during the calendar year. The actual amount
of material collected must be clearly presented in the report.
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8.6.8 The portion of the amount of total material collected that was collected
from public and private elementary and secondary schools/
8.6.9 A comparison of the amount of material collected with the market share
assigned to the manufacturer(s) covered by the plan.
8.6.10 The amount, if any, of purchased credit for excess material collected either
in other television manufacturer programs or the State Program.
8.6.11 The amount, if any, of the payment submitted to the RI Resource
Recovery Corporation as a result of the television manufacturer(s) not
meeting the assigned market share(s) by weight for the previous calendar
year.
8.7 In the event a manufacturer can be classified as both a television manufacturer
and a computer manufacturer, said manufacturer shall be allowed to provide a
single collection program for both types of covered products with approval of the
Department.
9. Manufacturer Collection Programs for Computer Manufacturers
9.1 Designation of Participation: At the time of registration, the manufacturer of
computers must designate whether it will participate in the State Program or
implement a manufacturer program, either individually or in cooperation with other
manufacturers. Manufacturers who do not indicate a choice between the State
Program or a manufacturer program must participate in the State Program for the
following year.
9.1.1 A computer manufacturer with less than a five-percent (5%) return share
is not allowed to implement a manufacturer program and is required to
participate in the State Program.
9.2 Manufacturer Program Plan: Each year, a computer manufacturer choosing to
implement a manufacturer program shall submit an implementation plan in writing to
the Department no later than December 15th of the year preceding the calendar year
covered under the proposed plan. A group of computer manufacturers may choose to
implement a manufacturer program as one entity. The manufacturer's plan must
include:
9.2.1 The names of the participating computer manufacturers and the
appropriate contact information for all individuals designated with
responsibility for developing the plan and implementing the program.
9.2.2 An explanation of how the computer manufacturer(s) will provide
convenient collection service statewide for all brands of covered electronic
products from households and public and private elementary and
secondary schools in this state, including:
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9.2.2.1 The staffing and operating hours the collection sites will be open to
the public and an explanation on how that provides a frequency
adequate to meet the needs of the area being served.
9.2.2.2 Any collection service(s) operated jointly with another program(s),
potentially including, but not be limited to, mail back programs
and collection events.
9.2.2.3 All collectors and recyclers to be utilized in the course of the
implementation of the plan, and procedures to ensure that all
collectors and recyclers are properly registered with the
Department is accordance with Section 12 of these regulations.
9.2.3 An explanation of how the computer manufacturer(s) will finance a
statewide program to collect covered electronic products from households
and public and private elementary and secondary schools in this state;
9.3.3.1 The computer manufacturer(s) must provide for basic service
collection, transportation and recycling of from households and
public and private elementary and secondary schools free-of-
charge; and
9.3.3.2 The computer manufacturer(s) may provide additional premium
service and may charge for the additional cost of that premium
service.
9.2.4 An explanation of how the computer manufacturer(s) will provide for
advertising and promotion of collection opportunities statewide and on a
regular basis from households and public and private elementary and
secondary schools in this state;
9.2.5 An explanation of how the computer manufacturer(s) will provide for
environmentally sound management practices of covered electronic
products collected, transported and recycled from households and public
and private elementary and secondary schools in this state in accordance
with Section 13;
9.2.6 Proposed methodology and procedures to conduct statistically significant
sampling or an actual count of the covered electronic products collected
and recycled by the computer manufacturer each calendar year. For all
computer manufacturers, the report must include:
9.3.6.1 A list of all brands identified during the sampling or count by the
manufacturer;
9.3.6.2 The weight of covered electronic products identified for each
brand during the sampling or count; and
9.3.6.3 The total weight of covered electronic products, including orphan
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waste if applicable, collected from households and public and private
elementary and secondary schools in the state by the manufacturer during
the previous calendar year.
9.2.7 Each computer manufacturer included in the plan must include a statement
disclosing whether:
9.3.7.1 Any video display devices sold in Rhode Island exceed the
maximum concentration values established for lead, mercury,
cadmium, hexavalent chromium, polybrominated diphenyls
(PBBs), and polybrominated diphenyl ethers (PBDEs) under the
RoHS (restricting the use of certain hazardous substances in
electrical and electronic equipment) directive 2002/95/EC of the
European parliament and council and any amendments there to
enacted as of the date; or
9.3.7.2 The manufacturer has received an exemption from one or more of
those maximum concentration values under the RoHS directive
that has been approved and published by the European
commission.
9.2.8 Computer manufacturers who indicate their intent to participate in a
manufacturers program but do not submit a plan by December 15th must
participate in the State Program for the following year.
9.3
Review, Decisions and Implementation of the Plan: The Department may
approve the plan, approve the plan with conditions and/or amendments, identify
deficiencies and provide the manufacturer(s) with a specific time period to correct
such issues, or deny the plan.
Any computer manufacturer proposing a manufacturer program shall implement
the plan submitted pursuant to Section 9.2 beginning January 1st unless the
manufacturer has received, in writing, a determination from the Department that
the plan is not acceptable.
If the Department approves the plan with conditions and/or amendments, the
computer manufacturer(s) shall implement the plan as directed or appeal the
conditions and/or amendments.
If the Department identifies deficiencies and provides the manufacturer(s) with a
specific time period to correct such issues, the computer manufacturer(s) shall
address those deficiencies and submit an amended plan in accordance with the
specific schedule.
If the Department determines that the plan is unacceptable and denies the plan in
writing, the computer manufacturer(s) covered under that plan shall participate in
the State Program under RI General Laws 23-24.10-11.
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9.4
Return Shares: The Corporation shall propose a return share and corresponding
return share by weight for each computer manufacturer in accordance with RI
General Laws 23-24.10-3(13) and 23-24.10-3(14). This return share and return
share by weight shall include the manufacturer’s responsibility for brands of
orphan waste as allocated across all computer manufacturers. The Corporation
shall submit the proposed return share and return share by weight for each
computer manufacturer to the Department, along with the basis for such
determination, in writing for review and approval on an annual basis no later than
October 15th of each year.
After review and approval of the proposal submitted by the Corporation, the
Department shall designate the return share and returns hare by weight for each
computer manufacturer for the following year pursuant to RI General Laws 23-
24.10-11. By January 1st of each year, the Department shall notify each computer
manufacturer that had a market share greater than zero of that market share for the
following year.
A computer manufacturer shall remain responsible for brands annually registered
pursuant to Section 7 and corresponding return shares assigned pursuant to this
section for the full calendar year.
9.5
System Performance: Computer manufacturer(s) shall design and implement the
collection program with the goal of collecting its assigned return share by weight
for the calendar year. Only computer manufacturers that meet the qualifications
outlined in Section 9.1 are permitted to implement a group manufacturer program
for computers.
If a group of computer manufacturers chooses to implement a manufacturer group
program as one entity, the manufacturers must design that group program to meet
the sum of their individual return shares.
Any computer manufacturer that does not meet its assigned return share and
return share be weight for the previous calendar year, either through an individual
or group collection program, may purchase credit for excess material collected
either in other computer manufacturer programs or the State Program. Any rate
or price for such transaction shall be negotiated between the parties. All
purchases and transactions for credit shall only be for excess covered material
collected in and originating from Rhode Island and shall be properly reported in
the annual report due to the Department (and by the Corporation if the purchase
included material from the State Program).
Any computer manufacturer that does not meet its assigned return share by weight
for the previous calendar year, either through an individual or group collection
program, shall pay the RI Resource Recovery Corporation an amount equivalent
to the amount the manufacturer would have paid if a participant in the State
Program plus ten percent (10%). This amount shall be the per pound fee for the
prior year, as approved by the Department, multiplied by the manufacturer’s
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return share as established for the prior program year. Payment must be
submitted to the RI Resource Recovery Corporation by February 1st.
9.6
Reporting: Each computer manufacturer must provide a report to the
Department no later than February 1st of each year that details how the plan
required under this section was implemented during the previous calendar year.
Computer manufacturers authorized to implement a group collection program
may provide one annual report to the Department addressing items 9.6.1 through
9.6.11 for the entire group program.
The annual report must include:
9.6.1 A description of the statewide collection service statewide for households
and public and private elementary and secondary schools.
9.6.2 The number of days and operating hours that the collection sites were
open to the public.
9.6.3 A listing of all collectors and recyclers utilized in the course of the
implementation of the plan.
9.6.4 The degree to which the public utilized any premium services.
9.6.5 A listing of the advertising and promotion activities conducted over the
calendar year.
9.6.6 A report on compliance with environmentally sound management
practices as required by Section 13;
9.6.7 The methodology, procedures, and results of the statistically significant
sampling or actual count of the covered electronic products collected and
recycled by the manufacturer during the calendar year. It shall also
include:
9.6.7.1 A list of all brands identified during the sampling or count by the
manufacturer;
9.6.7.2 The weight of covered electronic products identified for each
brand during the sampling or count; and
9.6.7.3 The total weight of covered electronic products, including orphan
waste if applicable, collected from households and public and
private elementary and secondary schools in the state by the
manufacturer during the previous calendar year.
9.6.8 The portion of the amount of total material collected that was collected
from public and private elementary and secondary schools.
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9.6.9 A comparison of the amount of material collected with the return share
assigned to the manufacturer(s) covered by the plan.
9.6.10 The amount, if any, of purchased credit for excess material collected either
in other computer manufacturer programs or the State Program.
9.6.11 The amount, if any, of the payment submitted to the RI Resource
Recovery Corporation as a result of the manufacturer(s) not meeting the
assigned return share(s) by weight for the previous calendar year.
9.7
In the event a manufacturer can be classified as a manufacturer of both televisions
and computer covered electronic products, said manufacturer shall be allowed to
provide a single collection program for both types of covered products with the
approval of the Department.
10. Administration of the State Program
10.1 The Corporation and Department shall establish and administer a State Program
for the collection, transportation and recycling of covered electronic products
from households and public and private elementary and secondary schools in this
state. Manufacturers opting to participate in the State Program as indicated on
their annual registration submitted to the Department in accordance with Section
7.2 shall be considered participants in the State Program.
10.2 By October 15th of each year, the Corporation shall submit a State Program Plan to
the Department for review and approval that:
10.2.1 Complies with environmentally sound management practices as defined in
Section 13 to collect, transport and recycle covered electronic products;
10.2.2 Provides, either directly or through the use of an approved contractor,
convenient basic services and collection sites for all covered electronic
products;
10.2.3 Promotes collection opportunities statewide and on a regular basis;
10.2.4 Proposes a return share and return share by weight for each calendar
year for each computer manufacturer;
10.2.4.1 The return share proposed to the Department shall be determined
by dividing the total weight of covered electronic products of
that manufacturer's brands by the total weight of covered
electronic products for all manufacturers' brands.
10.2.4.2 The return share by weight proposed to the Department shall be
determined by multiplying the return share for each such
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manufacturer by the total weight in pounds of covered electronic
products, including orphan waste.
10.2.4.3 The return share of covered electronic products for each
manufacturer shall be based on the most recent annual sampling
or count of covered electronic products.
10.2.5 Proposes a market share for each television manufacturer;
10.2.6 Proposes a recycling fee to be paid by each manufacturer that
participates in the State Program. The Corporation shall establish the
deadline by which all applicable recycling fees shall be paid to the
Corporation. The recycling fee will be determined as follows:
10.2.6.1 For each computer manufacturer, the Corporation shall
determine the recycling fee based on the manufacturer's annual
return share and return share by weight. The fee shall be
calculated on a per pound basis and shall not exceed fifty cents
($.50) per pound.
10.2.6.2 For each television manufacturer, the Corporation shall
determine the recycling fee based on a television manufacturer's
market share. The fee shall be calculated on a per pound basis and
shall not exceed fifty cents ($.50) per pound.
10.2.7 Proposes a cost per pound for collection, transportation, and recycling
of covered electronic products in order to reasonably approximate market
costs for these services.
10.2.8 Explains how any deficits generated by the State Program shall be applied
to the recycling fee calculation for and in the second program year
following the audited program year and show any year to year adjustment.
10.2.9 Proposes a methodology, to be approved by the Department, to estimate
the return share be weight for computer related products using either: i) a
statistically significant sampling of the covered electronic products
collected and recycled by the State Program during each calendar year; or
ii) an actual count of the covered electronic products collected and
recycled by the State Program during each calendar year.
10.2.10 Maintains on its website information on collection opportunities for
covered electronic products.
10.3 The Corporation shall implement the State Program Plan as approved. The
Department shall issue its determination, in writing, whether to approve the State
Program Plan as submitted or approve the plan with conditions.
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10.4
By November 1st of each year, the Department shall provide notification to all
registered manufacturers of the revised cost per pound identified in Section 10.2
for the following calendar year.
10.5
By November 1st of each year, the Department and/or Corporation shall notify: i)
each computer manufacturer that had a return share of its return share and its
return share by weight for the following year; and ii) each television manufacturer
that had a market share of its market share for the following year. A manufacturer
shall remain responsible for brands annually registered pursuant to Section 7 and
corresponding market shares and/or return shares assigned pursuant to this
section for the full calendar year.
10.6
The Corporation shall prepare a report to the Department no later than March 1st
of the following calendar year that includes a detailed description of how the
program was implemented during the previous calendar year, including:
10.6.1 A list of all brands identified during the sampling or count;
10.6.2 The weight of covered electronic products identified for each brand
during the sampling or count;
10.6.3 The total weights for both televisions and computer related covered
electronic products collected by the State Program during the previous
calendar year.
10.6.4 The total amount paid to the Corporation pursuant to Section 8.5 and 9.5
by manufacturers that did not meet their assigned return share by weight
or assigned market share.
10.6.5 A list of any manufacturers determined to be out of compliance with
requirements of the State Program, including lack of payments of
recycling fees to the Corporation for the previous calendar year.
10.7 On April 1, July 1 and October 1 of each year, the Corporation shall notify the
Department in writing of all manufacturers which have not submitted the required
recycling fees and are deemed out of compliance with the State Program.
11. Retailer Responsibility
11.1 A retailer may not sell or offer for sale any covered electronic product in or for
delivery into this state unless:
11.1.1 The covered electronic product is labeled with a brand and the label is
permanently affixed and readily visible;
11.1.2 The brand is included on the list posted by the Department pursuant to
Section 6.2; and
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11.1.3 The list posted by the Department specifies that the manufacturer is in
compliance with the requirements of R.I. General Law 23-24.10 and these
regulations. All manufacturers will be considered in compliance with the
requirements of R.I. General Law 23-24.10 and these regulations for the
purposes of this Section until the Department publishes the first listing.
11.2 Information Provided by Retailer at Time of Sale. A retailer shall provide
the consumer at the time of the sale of the covered electronic product information
that provides details about where and how a consumer can recycle covered
electronic products in Rhode Island. Information shall also be made available in
printable form for Internet sales.
11.3
A retailer who sells or offers for sale a new covered electronic product must,
before the initial offer for sale, review the Department's website to determine that
all new covered electronic products that the retailer is offering for sale are labeled
with the manufacturer's brands that are registered with the Department.
11.4
A retailer is not responsible for an unlawful sale under this subdivision if the
manufacturer's registration expired or was revoked and the retailer took
possession of the covered electronic product prior to the expiration or revocation
of the manufacturer's registration and the unlawful sale occurred within three (3)
months after the expiration or revocation.
12. Registration Requirements for Collectors and Recyclers
12.1 Collector’s Registration
In accordance with RI General Laws 23-24.10-10.1, no person or entity may
operate as a collector of any covered electronic products or electronic devices
banned from disposal unless that person or entity has submitted a registration with
the Department on a form prescribed by the Director.
Registration information must include the name, address, telephone number, and
location(s) of the business, and a certification that the collector has complied and
will continue to comply with the requirements of RI General Laws 23-24.10 and
all regulations promulgated by the Department and/or the Corporation.
A registration is effective upon receipt by the Department and is valid until
December 31st of each year. Collectors must register annually with the
Department.
12.2 Recycler’s Registration
No person or entity may recycle covered electronic products or electronic devices
banned from disposal unless that person or entity has submitted a registration with
the Department on a form prescribed by the Director.
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Registration information must include the name, address, telephone number, and
location of all recycling facilities under the direct control of the recycler that may
receive covered electronic products, and a certification that the recycler has
complied and will continue to comply with the requirements of RI General Laws
23-24.10 and all regulations promulgated by the Department and/or the
Corporation.
A registration is effective upon receipt by the Department and is valid until
December 31st of each year. Recyclers must register annually with the
Department.
12.3
Any person, corporation or entity that acts as a recycler or collector of covered
electronic products in Rhode Island, irregardless of whether they act as a
contractor for the State Program or an approved manufacturer program, shall
comply with the requirement to register with the Department.
12.4 Nothing in this section shall be deemed to circumvent the Department's existing
authority under RI General Laws Chapter 23-19.1 or regulations promulgated
thereto.
13. Environmentally Sound Management of Covered Products
13.1
In accordance with R.I. General Laws 23-24.10-12, manufacturers’ approved
collection programs and the State Program as administered by the Corporation
shall, at a minimum, meet the environmentally sound management practices as
defined in Section 4.10 and as set forth in the R2 2013 Responsible Recycling
(R2) Standard for Electronics Recyclers (commonly referred to as the R2:2013
Standard and defined in Section 4.22).
13.2
It shall be the responsibility of the manufacturers administering approved
collection programs and the State Program to ensure that all parties, including
contracted partners, participating in the recycling of covered electronic products
meet and adhere to said R2:2013 Standard.
13.3
Nothing herein shall prohibit any recycler operating as part of either a
manufacturers’ collection program or the State Program as administered by the
Corporation from meeting more stringent standards or practices governing the
collection, recycling and disposal of covered electronic products.
14. Enforcement/Penalties
The Director shall assess all penalties for violation of these regulations in accordance
with the provisions of R.I. General Laws 23-24.10-16 (The Electronic Waste Prevention,
Reuse and Recycling Act), R.I. General Laws Chapter 42-17.1 (The Department of
Environmental Management), R.I. General Laws Chapter 42-17.6 (Administrative
24
Penalties for Environmental Violations) and the "Rules and Regulations for Assessment
of Administrative Penalties".
A violation of any of the provisions of R.I. General Laws 23-24.10 or any rule or
regulation promulgated pursuant thereto, shall be punishable, in the case of a first
violation, by a civil penalty not to exceed one thousand dollars ($1,000).
In the case of a second and any further violations, the liability shall be for a civil penalty
not to exceed five thousand dollars ($5,000) for each violation.
15. Appeals
Unless otherwise delineated in separate regulations governing the appeals process
adopted by Department after the effective date of these regulations, any person affected
by a decision of the Director pursuant to these regulations may, in accordance with
Administrative Rules of Practice and Procedure for the Department of Environmental
Management, file a claim for an adjudicatory hearing to review the decision.
The party contesting a Department decision bears the burden of proof that their
application(s) or action(s) comply with all requirements of the rules and regulations
herein. All requests for a hearing regarding a decision of the Director must be in writing
and filed with the clerk of the Department's Administrative Adjudication Division (AAD)
within thirty (30) days of receipt of the Director's decision.
All requests for a hearing regarding an enforcement action issued by the Department
must be in writing and filed with the clerk of the Department's Administrative
Adjudication Division (AAD) within twenty (20) days of receipt of the enforcement
action.
16. Severability
If any provision of these Rules and Regulations, or the application thereof to any person
or circumstances, is held invalid by a court of competent jurisdiction, the validity of the
remainder of the Rules and Regulations shall not be affected thereby.
17. Effective Date
The foregoing Rules and Regulations Governing the Administration and Enforcement of
the Electronic Waste Prevention, Reuse and Recycling Act, after due notice, are hereby
adopted and filed with the RI Secretary of State this ____ day of __________, 2013 to
become effective twenty (20) days thereafter, in accordance with the provisions of
Chapters 23-24.10, 42-35, 42-17.1, 42-17.6 of the General Laws of Rhode Island of 1956,
as amended.
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________________________________________________________ ___________
Janet L. Coit
Date
Director, RI Department of Environmental Management
Notice Given on:
____6/25/13___
Public Hearing held:
____7/26/13___
Filing Date:
_____________
Effective Date:
_____________