Section 096-428-11 - Alternative Collection ProgramsA.Proposal Fee. A producer or group of producers submitting a proposal for the establishment or modification of an alternative collection program must pay a fee to cover the Department's cost of reviewing the proposal. (1) For a program run by a single producer, collecting that producer's packaging for reuse, a producer must pay $1000.(2) For a program to which Section 11(A)(1) does not apply and that only manages reusable packaging material, a group of producers must pay $5,000.(3) For a program to which Sections 11(A)(1) and 11(A)(2) do not apply, a producer or group of producers must $10,000. The Department may waive or reduce the proposal fee for a proposed modification to an alternative collection program if its review does not require significant staff resources.
B.Approval Conditions. In order for an alternative collection program to be eligible for approval by the Department, it must provide collection that is free, available year-round, and convenient.(1) An alternative collection program is considered convenient if it is collecting packaging material from at least one collection location in each county. Alternative collection programs that do not meet this convenience standard may be approved in accordance with the exceptions described below.(a) New alternative collection programs. An alternative collection program is considered convenient if it is collecting material at one collection location during its first year of approval, 5 collection locations in 5 counties during its second year of approval, 10 locations in 10 counties during its third year of approval, and one location in each county from the fourth year of operation onward.(b) Reuse. An alternative collection program collecting reusable packaging material for reuse is considered convenient if it is collecting the reusable packaging material in every county in which the reusable packaging material is produced.(c) Partial credit for limited geographic reach. An alternative collection program with a limited geographic reach can partially offset the payment obligation for participating producers; it cannot attribute the tons managed to other producers. For an alternative collection program that only offers collection in one county, producers that are involved in the operation of the program can receive credit for up to 10% of the tons of a packaging material type produced. For an alternative collection program that only offers collection locations in two counties, producers that are involved in the operation of the program can receive credit for up to 20% of the tons of a packaging material type produced. For an alternative collection program that only offers collection in 3 to 15 counties, producers that are involved in the operation of the program can receive credit for up to 30% of the tons of a packaging material type produced.(d) Credit for regional programs. For calendar years in which a producer or group of producers has county-level data on sales in or into the State, the producer or group of producers may operate an alternative collection program and each producer can receive credit for as many tons of a packaging material type it collects in a county as it produced in that county.C.Attributing Tons Managed. Except as noted in Sections 11(B)(1)(c) and 11(B)(1)(d), an alternative collection program may attribute tons managed through that program to producers not involved in the operation of the program either because the program collected more tons of a packaging material type than the producer or group of producers produced or because the program finds it otherwise beneficial to do so. An alternative collection program may inform the Department of the tons of a packaging material it is interested in attributing to producers not involved in the operation of the program, and the Department will provide a list of these available tons, by packaging material type, and the associated contact information, on its website.
D.Reporting. An alternative collection program must report to the Department annually by April 1st of each calendar year. (1) The annual report must be accompanied by an annual fee of:(a) For a program run by a single producer collecting that producer's packaging for reuse, $500;(b) For a program to which Section 11(D)(1)(a) does not apply and that only manages reusable packaging material types, $2,500; or(c) For a program to which Sections 11(D)(1)(a) and 11(D)(1)(b) do not apply, $5,000.(2) An alternative collection program must use an annual report form approved by the Department which will require, at a minimum, reporting of the following: (a) Transporters and markets used during the operation of the alternative collection program during the previous calendar year and the amounts of packaging material sent to each market;(b) For regional alternative collection programs as defined in Section 11(B)(1)(d), each producers county-level data on sales in or into the State;(c) The amount of each packaging material type collected at each collection location;(d) The tons attributed to each producer;(e) Any interruption to collection services; and(f) A list of material that does not qualify as packaging material due to its origin that is managed with the packaging material collected through the alternative collection program and the method used to ensure such material is not counted as packaging material.(3) The Department will review annual reports and confirm or adjust attributed tons to be credited to producers by May 31st of each calendar year.E.Timeframes for Correcting Deficiencies.(1) If the Department identifies a deficiency that can be resolved by providing additional or corrected documentation, the Department will allow 60 days to correct the deficiency.(2) If the Department identifies a deficiency that will require a change to collection or processing operations, the Department will allow 90 days to correct the deficiency.(3) If the Department identifies a deficiency that is a threat to environmental health and safety, the above timeframes do not apply, and the Department may require immediate action. If deficiencies are not adequately resolved within the specified timeframe, the Department may nullify tons collected through the program or discontinue the program's approval.
06-096 C.M.R. ch. 428, § 11