D.C. Mun. Regs. tit. 20, r. 20-4102

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 20-4102 - REGISTRATION AND SHORTFALL FEES

4102.1

Manufacturers, representative organizations, and partnership organizations shall include the following registration fee when submitting an annual registration application:

(a) For an individual manufacturer that sold at least one hundred (100) units but less than two hundred and fifty (250) units of covered electronic equipment in the District in the previous calendar year, the individual manufacturer's application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of seven hundred and fifty dollars ($750);

(b) For an individual manufacturer that sold two hundred and fifty (250) or more units of covered electronic equipment in the District in the previous calendar year, the individual manufacturer's application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of two thousand six hundred and fifty dollars ($2,650);

(c) A representative organization's application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a base registration fee of fifteen thousand dollars ($15,000) for the first registrant and an additional two thousand two hundred dollars ($2,200) for each additional manufacturer in the representative organization.

(d) A partnership's application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of two thousand four hundred and fifty dollars ($2,450) for every manufacturer that sold two hundred and fifty or more units of covered electronic equipment in the District in the previous calendar year and seven hundred dollars ($700) for every manufacturer that sold at least one hundred (100) units but less than two hundred and fifty (250) units of covered electronic equipment in the District in the previous calendar year.

4102.2

(a) If a manufacturer or partnership that has properly submitted an application for registration did not comply with D.C. Official Code § 8-1041.05(a)(1) or (2) in the calendar year prior to the calendar year the registration is due, the application for registration under § 8-1041.03 shall be accompanied by a shortfall fee determined by the following:

(A / B) x 100% = C

where:

A = The weight of covered electronic equipment, in pounds, the manufacturer or partnership collected in the District and recycled or reused in the calendar year prior to the calendar year the registration is due;

B = The minimum collection share, in pounds, for the manufacturer or partnership in the calendar year prior to the calendar year the registration is due; and

C = The percentage of the minimum collection share achieved.

(b) If C is greater than or equal to 90% but less than 100%, the shortfall fee is (B-A)*$0.30;

(c) If C is greater than or equal to 50% but less than 90%, the shortfall fee is (B-A)*$0.40; and

(d) If C is less than 50%, the shortfall fee is (B-A)*$0.50.

4102.3

The Department shall adjust the fees in this section for inflation annually, using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics. To perform this adjustment, the Department shall increase each fee by the percentage, if any, by which the Urban Consumer Price Index for June of the calendar year exceeds the Urban Consumer Price Index for June of the previous calendar year. Each inflation adjustment shall be posted to the Department's website.

4102.4

If a manufacturer or partnership counts the collection of a single item of covered electronic equipment as twice its weight when that item is donated free of charge for reuse to the District's public or charter schools, to public or charter schools in counties adjoining the District, or to any nonprofit organization with a principal mission of assisting low-income children or families per D.C. Official Code § 8-1041.05(b)(2), the Department may request from the manufacturer or partnership:

(a) Documentation of the donation, which shall include the recipient's written acceptance of the donation on a form stating that the covered electronic equipment is:

(1) No more than three (3) years old; and

(2) In full working condition;

(b) The name and address of the recipient school or organization; and

(c) Relevant contact information from the recipient school or organization.

4102.5

Representative organizations meeting the convenient collection service for District residents, small nonprofit organizations, and small businesses shall:

(a) On a quarterly basis, submit collection data to the Department, including weight of covered electronic equipment collected and the numbers of individuals, small nonprofit organizations, and small businesses that brought covered electronic equipment to each permanent publicly accessible collection site and collection event.

(b) Conduct public outreach and awareness activities, in keeping with each representative organization's implementation plan, to ensure that District residents, small nonprofit organizations, and small businesses, including those in underserved communities, are aware of the availability and location of collection sites and events.

(c) Follow the Department's operating guidelines for permanent drop-off sites.

D.C. Mun. Regs. tit. 20, r. 20-4102

Final Rulemaking published at 63 DCR 014119 (11/18/2016); amended by Final Rulemaking published at 67 DCR 13127 (11/6/2020); amended by Final Rulemaking published at 69 DCR 6055 (5/27/2022); amended by Final Rulemaking published at 70 DCR15857 (12/15/2023)