N.J. Admin. Code § 7:26A-13.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26A-13.10 - Review of collection plans

(a) The Department will review each submitted plan for the collection of covered electronic devices to ensure the plan includes all the information required pursuant to N.J.A.C. 7:26A-13.6, and that implementation of the plan could reasonably be expected to result in the attainment of the manufacturer's or group of manufacturers' collection obligation.

(b) In reviewing the collection plans, the Department will ensure that at least one electronics collection opportunity is available in each county throughout the State and in such a manner as to be convenient, to the maximum extent practicable and feasible, to all consumers in a given county. In the event there is not at least one such collection opportunity provided for in each county, the Department will work with the manufacturers to assign responsibility for additional collection opportunities based on the collection obligations of each manufacturer and the relative burden such an additional collection opportunity would place on the manufacturer.

(c) Except as provided at (d) and (e) below, no fees or costs may be charged to consumers for the collection, transportation, or recycling of covered electronic devices under these rules.

(d) A school or local government unit may be charged a fee for the reasonable costs incurred by an authorized recycler in the collection, transportation or recycling of covered electronic devices generated by that school or local government unit.

(e) The plan may provide for a fee to be charged to a consumer for a premium service if the Department has approved both the premium service and the fee for the service.

(f) After the Department reviews a manufacturer's collection plan, it will issue a written determination, either requesting additional information or determining the plan to be administratively complete. A collection plan is administratively complete if it contains all of the information required in N.J.A.C. 7:26A-13.6(a). If the Department requests additional information, the manufacturer shall submit the additional information within 30 days of receipt of the request.

(g) Upon the Department's determination that a collection plan is administratively complete, the Department will perform a technical review to determine if the plan fulfills the intent of the Electronic Waste Management Act and the requirements of this section and this subchapter. Upon completion of the technical review, the Department will issue a written determination either requesting additional information or approving or rejecting the plan. If the Department requests additional information, the manufacturer shall submit the additional information within 30 days of receipt of the request.

(h) Failure to timely and fully respond to a request for additional information under (g) above for administrative completeness or under (h) for the technical review constitutes a failure to provide a plan in violation of this subchapter and the Electronic Waste Management Act.

(i) The Department may reject the collection plan, in whole or in part, and may impose additional requirements as a condition of approval. A collection plan that the Department deems to be administratively complete will be considered as "pending approval" for the purposes of compliance with N.J.A.C. 7:26A-13.7.

N.J. Admin. Code § 7:26A-13.10