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SECTION 27-2605
Manufacturer electronic waste registration and responsibilities
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 26
§ 27-2605. Manufacturer electronic waste registration and

responsibilities.

1. A manufacturer shall submit a registration on a form prescribed by
the department to the department by January first, two thousand eleven,
along with a registration fee of five thousand dollars. The department
may require such form to be filed electronically. Such registration
shall include:

(a) the manufacturer's name, address, and telephone number;

(b) the name and title of an officer, director, or other individual
designated as the manufacturer's contact for purposes of this title;

(c) a list identifying the manufacturer's brands;

(d) a general description of the manner in which the manufacturer will
comply with section 27-2603 of this title, including specific
information on the manufacturer's electronic waste acceptance program in
the state, and a current list of locations within the state where
consumers may return electronic waste;

(e) sales data reported by weight for the manufacturer's covered
electronic equipment sold in this state for the previous three calendar
years, categorized by type to the extent known. If the manufacturer
cannot provide accurate state sales data, it must explain why such data
cannot be provided, and estimate state sales data by (i) dividing its
national sales data by weight by the national population according to
the most recent census and multiplying the result by the population of
the state, or (ii) another method approved by the department;

(f) a statement disclosing whether: (i) any covered electronic device
sold in this state exceeds the maximum concentration values established
for lead, mercury, cadmium, hexavalent chromium, polybrominated
biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the
restriction of hazardous substances directive (RoHS) pursuant to
2002/95/EC of the European Parliament and Council and any amendments
thereto and if so, a listing of any covered electronic equipment that is
not in compliance with such directive; or (ii) 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; and

(g) any other information as the department may require.

2. A manufacturer's registration is effective upon acceptance by the
department and must be updated within thirty days of any material change
to the information required by subdivision one of this section.

3. Any person who becomes a manufacturer on or after January first,
two thousand eleven shall register with the department prior to selling
or offering for sale in the state any covered electronic equipment, and
must comply with the requirements of this title.

4. No later than April first, two thousand eleven, a manufacturer
shall not sell or offer for sale electronic equipment in the state
unless the manufacturer has registered with the department and maintains
an electronic waste acceptance program through which the manufacturer,
either directly or through an agent or designee, accepts electronic
waste from consumers in the state for recycling. The manufacturer shall
ensure that retailers are notified of such registration.

5. The electronic waste acceptance program shall include, at a
minimum:

(a) collection, handling and recycling or reuse of electronic waste
pursuant to section 27-2603 of this title in a manner convenient to
consumers. The following acceptance methods shall be considered
reasonably convenient: (i) mail or ship back return programs; (ii)
collection or acceptance events conducted by the manufacturer or the
manufacturer's agent or designee, including events conducted through
local governments or private parties; (iii) fixed acceptance locations
such as dedicated acceptance sites operated by the manufacturer or its
agent or designee; (iv) agreements with local governments, retail
stores, sales outlets and not-for-profit organizations which have agreed
to provide facilities for the collection of electronic waste; (v)
community collection events; and (vi) any combination of these or other
acceptance methods which effectively provide for the acceptance of
electronic waste for recycling or reuse through means that are available
and reasonably convenient to consumers in the state. At a minimum, the
manufacturer shall ensure that all counties of the state, and all
municipalities which have a population of ten thousand or greater, have
at least one method of acceptance that is available within such county
or municipality. The department may establish additional requirements to
ensure convenient collection from consumers;

(b) information on how consumers can destroy all data on any
electronic waste, either through physical destruction of the hard drive
or through data wiping;

(c) a public education program to inform consumers about the
manufacturer's electronic waste acceptance program, including at a
minimum: (i) an internet website and a toll-free telephone number and
written information included in the product manual for, or at the time
of sale of, covered electronic equipment that provides sufficient
information to allow a consumer of covered electronic equipment to learn
how to return the covered equipment for recycling or reuse, and in the
case of manufacturers of computers, hard drives and other covered
electronic equipment that have internal memory on which personal or
other confidential data can be stored, such website shall provide
instructions for how consumers can destroy such data before surrendering
the products for recycling or reuse; (ii) advertisements and press
releases if any; and

(d) any other information as required by the department in accordance
with regulations promulgated pursuant to this article.

6. A manufacturer shall maintain records demonstrating compliance with
this title and make them available for audit and inspection by the
department for a period of three years.

7. A manufacturer may satisfy the electronic waste collection
requirements of this section by agreeing to participate in a collective
electronic waste acceptance program with other manufacturers. Any such
collective electronic waste acceptance program must meet the same
requirements as an individual manufacturer. Any collective electronic
waste acceptance program must include a list of manufacturers that are
participating in such program along with other identifying information
as may be required by the department. Such program shall submit a
registration to the department along with a registration fee of ten
thousand dollars.

8. A manufacturer shall be responsible for all costs associated with
the implementation of the electronic waste acceptance program. The
manufacturer shall not charge consumers for the collection, handling and
recycling and reuse of electronic waste, provided that such prohibition
shall not apply to a charge on business consumers or to charges for
premium services. This prohibition shall not apply to a manufacturer's
contract with a consumer for the collection, handling, recycling or
reuse of electronic waste that was entered into prior to the effective
date of this section. For purposes of this subdivision, "business
consumer" means a for-profit entity which has fifty or more full time
employees or a not-for-profit corporation with seventy-five or more full
time employees, but not a not-for-profit corporation designated under
section 501(c)(3) of the internal revenue code. For purposes of this
subdivision, "premium services" means equipment and data security
services, refurbishment for reuse by the consumer, and other custom
services as may be determined by the department.