250 R.I. Code R. 250-RICR-140-20-4.10

Current through October 15, 2024

Section 250-RICR-140-20-4.10 - Administration of the State Program

A. The Corporation and Department shall establish and administer a State Program for the collection, transportation and recycling of covered electronic products from households and public and private elementary and secondary schools in this state. Manufacturers opting to participate in the State Program as indicated on their annual registration submitted to the Department in accordance with § 4.7(B) of this Part shall be considered participants in the State Program.

B. By October 15th of each year, the Corporation shall submit a State Program Plan to the Department for review and approval that:

1. Complies with environmentally sound management practices as defined in § 4.13 of this Part to collect, transport and recycle covered electronic products;

2. Provides, either directly or through the use of an approved contractor, convenient basic services and collection sites for all covered electronic products;

3. Promotes collection opportunities statewide and on a regular basis;

4. Proposes a return share and return share by weight for each calendar year for each computer manufacturer;

a. The return share proposed to the Department shall be determined by dividing the total weight of covered electronic products of that manufacturer's brands by the total weight of covered electronic products for all manufacturers' brands.

b. The return share by weight proposed to the Department shall be determined by multiplying the return share for each such manufacturer by the total weight in pounds of covered electronic products, including orphan waste.

c. The return share of covered electronic products for each manufacturer shall be based on the most recent annual sampling or count of covered electronic products.

5. Proposes a market share for each television manufacturer;

6. Proposes a recycling fee to be paid by each manufacturer that participates in the State Program. The Corporation shall establish the deadline by which all applicable recycling fees shall be paid to the Corporation. The recycling fee will be determined as follows:

a. For each computer manufacturer, the Corporation shall determine the recycling fee based on the manufacturer's annual return share and return share by weight. The fee shall be calculated on a per pound basis and shall not exceed fifty cents ($.50) per pound.

b. For each television manufacturer, the Corporation shall determine the recycling fee based on a television manufacturer's market share. The fee shall be calculated on a per pound basis and shall not exceed fifty cents ($.50) per pound.

7. Proposes a cost per pound for collection, transportation, and recycling of covered electronic products in order to reasonably approximate market costs for these services.

8. Explains how any deficits generated by the State Program shall be applied to the recycling fee calculation for and in the second program year following the audited program year and show any year to year adjustment.

9. Proposes a methodology, to be approved by the Department, to estimate the return share be weight for computer related products using either:

i) a statistically significant sampling of the covered electronic products collected and recycled by the State Program during each calendar year; or

ii) an actual count of the covered electronic products collected and recycled by the State Program during each calendar year.

10. Maintains on its website information on collection opportunities for covered electronic products.

C. The Corporation shall implement the State Program Plan as approved. The Department shall issue its determination, in writing, whether to approve the State Program Plan as submitted or approve the plan with conditions.

D. By November 1st of each year, the Department shall provide notification to all registered manufacturers of the revised cost per pound identified in § 4.10(B) of this Part for the following calendar year.

E. By November 1st of each year, the Department and/or Corporation shall notify:

i) each computer manufacturer that had a return share of its return share and its return share by weight for the following year; and

ii) each television manufacturer that had a market share of its market share for the following year. A manufacturer shall remain responsible for brands annually registered pursuant to § 4.7 of this Part and corresponding market shares and/or return shares assigned pursuant to this Part for the full calendar year.

F. The Corporation shall prepare a report to the Department no later than March 1st of the following calendar year that includes a detailed description of how the program was implemented during the previous calendar year, including:

1. A list of all brands identified during the sampling or count;

2. The weight of covered electronic products identified for each brand during the sampling or count;

3. The total weights for both televisions and computer related covered electronic products collected by the State Program during the previous calendar year.

4. The total amount paid to the Corporation pursuant to §§ 4.8(E) and 4.9(E) of this Part by manufacturers that did not meet their assigned return share by weight or assigned market share.

5. A list of any manufacturers determined to be out of compliance with requirements of the State Program, including lack of payments of recycling fees to the Corporation for the previous calendar year.

G. On April 1, July 1 and October 1 of each year, the Corporation shall notify the Department in writing of all manufacturers which have not submitted the required recycling fees and are deemed out of compliance with the State Program.

250 R.I. Code R. 250-RICR-140-20-4.10