N.J. Admin. Code § 7:26A-13.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26A-13.9 - Requests for administrative hearings

(a) Each year the Department will determine the collection obligation for each manufacturer of covered electronic devices to be used for the following program year.

(b) The Department will determine the collection obligation for each manufacturer of covered electronics other than televisions, that is, its return share by weight, using the following data and steps:

1. The return share of each manufacturer of covered electronic devices other than televisions, will be calculated as described at (b)4 below, using a sampling of covered electronic devices, other than televisions, collected from consumers in New Jersey during the previous program year, in accordance with the protocol set forth in (b)2 below. The sampling data will be used to extrapolate the number and weight of covered electronic devices other than televisions, including brand identification, if provided, collected from consumers in collections held throughout New Jersey. The Department will supplement the sampling data with the data from the most recent submission of the annual report and may also supplement it with the best available return share data in the United States, including data from other states, including, but not limited to, data from the Brand Data Management System (BDMS) developed by the National Center for Electronics Recycling (NCER). This BDMS data includes the number and weight of covered electronic devices other than televisions, including brand identification, if provided, collected from consumers in collections held throughout the United States. The BDMS data is available at http://www.electronicsrecycling.org/BDMS/default.aspx;

2. Sampling will be conducted at a minimum of six randomly selected collection sites, at least three of which will be located in Northern New Jersey and at least three of which will be located in Southern New Jersey. At each site, a minimum of 200 units of covered electronic devices other than televisions will be sampled to determine the brand and weight of each sampled device;

3. The Department will use the data collected pursuant to (b)1 above to:

i. Generate a list of brands and the weight of covered electronic devices other than televisions that are identified for each brand;

ii. Assign each identified brand to the appropriate manufacturer; and

iii. Determine the total weight of orphan devices;

4. Using the data in (b)3 above, the return share is calculated as follows:

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R = return share expressed as a percentage;

a = the total weight of all of an individual manufacturer's brands;

b = the total weight of all collected covered electronic devices, other than televisions; and

c = the total weight of collected orphan devices;

5. The collection obligation of each manufacturer of covered electronic devices other than televisions for which a return share is determined, that is, its return share in weight, is determined as follows:

RW = R x TW

Where:

RW = return share in weight expressed in pounds;

R = return share expressed as a percentage, calculated at (b)4 above; and

TW = total weight in pounds of covered electronic devices other than televisions projected to be collected in New Jersey from consumers during the program year to which the return share in weight will apply, or the total weight in pounds of covered electronic devices other than televisions collected in New Jersey from consumers during the most recent program year for which the Department has data, as determined at (b)6 below; and

6. The Department will project the total weight in pounds of covered electronic devices other than televisions that will be collected in New Jersey from consumers during the following program year by calculating the sum of the weight in pounds of covered electronic devices other than televisions reflected in the most recently submitted manufacturers' annual reports.

(c) The Department will determine the collection obligation for each manufacturer of televisions, that is, its television collection share, using the following data and steps:

1. The Department will acquire national market share data from an entity that has expertise in gathering market share sales data in the electronics sector, in particular, the television market. The Department will acquire sales data for the most recent 12-month period available for purchase at the time concerning televisions, including brand identification, sold to consumers throughout the United States;

2. The Department will use the market share data acquired in accordance with (c)1 above to:

i. Generate a list of brands of televisions and the number of televisions that are identified for each brand; and

ii. Assign each identified brand to the appropriate television manufacturer;

3. Using the data in (c)2 above, the television collection share of each manufacturer is calculated as follows:

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S = television collection share, expressed as a percentage;

a = the total units sold of all of an individual manufacturer's brands; and

b = the total units sold of all brands;

4. The collection obligation of each television manufacturer, that is, its television collection share by weight is determined as follows:

CW = S x GW

Where:

CW = television collection share in weight, expressed in pounds;

S = television collection share expressed as a percentage, calculated at (d)3 above; and

GW = the gross television recycling goal in pounds to be collected in New Jersey from consumers during the program year to which the return share in weight will apply, determined at (d)5 below; and

5. The Department will determine the gross television recycling goal for the following program year by calculating the sum of the weight in pounds of televisions reflected in the most recently submitted manufacturers' annual reports.

(d) By March 1 of each year, the Department will publish on its website and provide to each identified manufacturer a Preliminary Collection Obligation Report for the following program year. The Preliminary Collection Obligation Report will set forth the collection obligation of each identified manufacturer, including, as appropriate, the return share or television collection share for each of its brands, and the total return share or television collection share thereof. The Preliminary Collection Obligation Report will also include supporting data, such as the results of the sampling conducted by the Department pursuant to (b)1 above.

(e) A manufacturer may comment on the collection obligation or any supporting data provided in the Preliminary Collection Obligation Report by submitting comments by April 1 of the year the Department provided the Preliminary Collection Obligation Report to the Department at the following address:

Department of Environmental Protection

Division of Sustainable Waste Management

Bureau of Recycling and Hazardous Waste Management

401 East State Street, 2nd Floor, West Wing

Mail Code 401-02C

PO Box 420

Trenton, New Jersey 08625-0420.

(f) A manufacturer commenting under (e) above who proposes that it receive an alternative collection obligation shall include in the proposal:

1. A detailed explanation of the grounds for the alternative collection obligation;

2. An alternative calculation;

3. The basis for the alternative calculation. If the alternative collection obligation is not based on the results of the Department's sampling, the basis for the alternative calculation of the return share shall include a report documenting the sampling conducted by the manufacturer in accordance with (c)2 above;

4. Documentary evidence supporting an alternative collection obligation; and

5. Complete contact information for requests for additional information and clarification.

(g) By May 1 of each year, the Department will review any collection obligation comments received pursuant to (e) and (f) above and will publish on its website and provide to each identified manufacturer a Final Collection Obligation Report that will include the final collection obligations, a summary of any comments received and the Department's response to the comments.

(h) When determining compliance with a collection obligation, a manufacturer or group of manufacturers may apply the total weight of all covered electronic devices collected from consumers during a program year towards that program year's collection obligation.

N.J. Admin. Code § 7:26A-13.9

Notice of readoption with technical change.
See: 48 N.J.R. 76(a).

Amended by 54 N.J.R. 1912(a), effective 10/3/2022