Section 250-RICR-140-20-4.4 - DefinitionsA. For the purposes of these regulations, the following terms shall have the following meanings: 1. "Basic service" means collection services provided for free by the State Program or a manufacturer within the scope of its approved independent or group collection plan that includes: a. permanent drop off locations easily accessible by the public; b. mail-back opportunities; c. in-store retail collection opportunities; or d. scheduled collection events.2. "Cathode ray tube" or "CRT" means an electron tube or evacuated glass container, having a cathode or negative electrode at one end, and a device typically called an electron gun that projects a beam of electrons against a luminescent screen at the opposite end of the tube. Cathode ray tubes, or CRTs, are used as picture tubes in television receivers, visual display screens in radar receiving equipment, computer installations, and oscilloscopes.3. "Collector" means a public or private entity that receives covered electronic products or electronic devices banned from disposal and arranges for the delivery of the products or devices to a recycler.4. "Computer" or "personal computer" or "PC" means a desktop or notebook computer as further defined below, but does not mean an automated typewriter, electronic printer, mobile telephone, portable hand-held calculator, portable digital assistant (PDA), MP3 player, or other similar device. Computer does not include computer peripherals, commonly known as cables, mouse, or keyboard; computer servers marketed to professional users; or retail store terminals or cash registers, used at customer checkout in the retail industry. For purposes of participation in an independent or group-run manufacturer collection program, computer is further defined to include desktop computers, notebook computers (which includes tablets), monitors (as is used with a computer) and any other covered electronic product with the exception of televisions.5. "Corporation" means the Rhode Island Resource Recovery Corporation created and established pursuant to R.I. Gen. Laws §23-19.6. "Covered electronic products" means: a. Computers (including central processing unit or CPU) as defined herein;b. Computer monitors, including CRT monitors and flat panel monitors;c. Combination units (CPUs with monitors);d. Televisions including CRT-based and non-CRT-based televisions, plasma, LED and LCD, or any similar video display device with a screen greater than nine (9) inches diagonally and that contains a circuit board; ande. "Covered electronic products" does not mean a computer, television or video display device that is: (1) a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; or (2) functionally or physically a part of, connected to or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, (including diagnostic, monitoring, or other medical products as that term is defined under the Federal Food, Drug, and Cosmetic Act) or equipment used for security, sensing, monitoring, or anti-terrorism purposes; or (3) contained within a home appliance, clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or (4) a handheld device used to access commercial mobile radio service, as such service is defined in 47 C.F.R. § 20.3, or 7. "Department" means the R.I. Department of Environmental Management.8. "Desktop computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, and which is not designed to exclusively perform a specific type of logical, arithmetic or storage function or other limited or specialized application. Human interface with a desktop computer is achieved through a standalone keyboard, standalone monitor or other display unit, and a standalone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor. A desktop computer is not designed for portability and generally utilizes an external monitor, keyboard, and mouse with an external or internal power supply for a power source. Desktop computer does not include an automated typewriter or typesetter.9. "Director" means the Director of the R.I. Department of Environmental Management, or his or her designee.10. "Environmentally sound management" means practices for the collection, storage, transportation, reuse, recycling and disposal of discarded covered electronic products or electronic devices banned from disposal to be implemented by the State Program or an approved manufacturers' collection program, or such organization's contracted partners, to ensure compliance with all applicable federal, state and local laws, regulations and ordinances and the protection of human health and the environment. Environmentally sound management practices shall include, but are not limited to, record keeping, on-site environmental/health and safety practices, tracking throughout, data destruction, storage, transportation and financial responsibility.11. "Household" means a person, or group of people, living in a single detached dwelling, a residential condominium or a single unit of a multiple unit dwelling.12. "Manufacturer program" means a statewide program for collecting, transporting, and recycling covered electronic products that is provided by the manufacturer pursuant to an approved collection plan.13. "Manufacturer" means a person or entity who: a. Manufactures or manufactured a covered electronic product under a brand it owns; or is or was licensed to use;b. Sells or sold under a brand or label it owns or is or was licensed to use a covered electronic product produced by other suppliers; orc. Assumes the financial responsibility of manufacturer collection, transportation or recycling as further defined herein; ord. Imports or imported a covered electronic product into the United States that is manufactured by a person without a presence in the United States; ore. Sells at retail a covered electronic product acquired from an importer that is the manufacturer and elects to register in lieu of the importer.14. "Market share" means a television manufacturers' national sales of televisions expressed as a percentage of the total of all television manufacturers' national sales based on the best available public data.15. "Monitor" means a video display device without a tuner that can display pictures and sound and is used with a computer.16. "Notebook computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, and which is not designed to exclusively perform a specific type of logical, arithmetic or storage function or other limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than nine inches (9) in size, and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the notebook computer; supplemental standalone interface devices typically can also be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable handheld calculator, or smart phone or similar specialized device. A notebook computer has an incorporated video display greater than nine inches (9) in size and can be carried as one unit by an individual. A notebook computer is sometimes referred to as a laptop computer. It shall also include tablets, e-readers, and similar computers with touch user screen interfaces greater than nine inches (9) in size.17. "Orphan waste" means a covered electronic product, except a television, for which no manufacturer can be identified or the manufacturer is no longer in business and no successor business can be identified.18. "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.19. "Premium service" means services including, but not limited to, scheduled at-home pickup services or curbside pickup services provided by a manufacturer outside the scope of its approved independent or group collection plan. It shall also include advanced data destruction services provided at the request of the household or school. Premium services are provided on a fee-for-service basis and provide more convenient collection opportunities or data security services beyond what it required by the State Program or an approved manufacturer independent or group collection plan.20. "Printer" means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and multi-function or all-in-one devices that perform different tasks, including without limitation copying, scanning, faxing, and printing. Printers do not include floor-standing printers, printers with optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non-standalone printers that are embedded into products that are not covered electronic products.21. "Program year" means January 1st through December 31st, also referred to as calendar year.22. "R2 practices" means the environmentally sound management practices as set forth in the R2 2013 Responsible Recycling (R2) Standard for Electronics Recyclers (commonly referred to as the R2:2013 Standard).23. "Recycler" means a public or private individual or entity who accepts covered electronic products directly from the public or from collectors for the purpose of recycling. A manufacturer who takes products solely for refurbishment or repair is not a recycler. A recycler may also be a collector if it meets the definition of a collector.24. "Retailer" means a person or entity who sells a covered electronic product in the state to a consumer. Retailer includes, but is not limited to, a manufacturer of a covered electronic product who sells directly to a consumer through any means, including, but not limited to, transactions conducted through sales outlets, catalogs or the Internet, or any similar electronic means, but not including leasing, commercial financing or wholesale transactions with a distributor or other retailer.25. "Return share" means the minimum percentage of covered electronic products, except televisions, that an individual manufacturer is responsible for collecting, transporting and recycling.26. "Return share by weight" means the minimum total weight of covered electronic products, except televisions, that an individual manufacturer is responsible for collecting, transporting and recycling.27. "School" means any residential or non-residential school, public, private or charter, of any city or town or community educational system regulated, directly or secondarily, by the Board of Regents for Elementary and Secondary Education or the Department of Elementary and Secondary Education or any other state education board or local city or town school board or school committee or other legal educational subdivision acting under it. It does not include institutions of higher education or child-care facilities as regulated by the Department of Children, Youth and Families.28. "State program" means a statewide program for collecting, transporting and recycling covered electronic products that is provided by the R.I. Resource Recovery Corporation on behalf of manufacturers who pay a recycling fee to the Corporation.29. "Television" means any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.30. "Universal waste" means any of the hazardous wastes that are subject to the universal waste requirements of 40 C.F.R. § 273 and that are subject to § 4.13 of this Part. Department's Hazardous Waste Regulations adopted pursuant to R.I. Gen. Laws Chapter 23-19.1.31. "Video display device" means and includes units capable of presenting images electronically on a screen, with a viewable area greater than nine inches (9) when measured diagonally, viewed by the user and may include cathode ray tubes, flat panel computer monitors, plasma displays, liquid crystal displays, rear and front enclosed projection devices, and other similar displays that exist or may be developed.250 R.I. Code R. 250-RICR-140-20-4.4