250 R.I. Code R. 250-RICR-140-20-4.9

Current through October 15, 2024

Section 250-RICR-140-20-4.9 - Manufacturer Collection Programs for Computer Manufacturers

A. Designation of Participation:

1. At the time of registration, the manufacturer of computers must designate whether it will participate in the State Program or implement a manufacturer program, either individually or in cooperation with other manufacturers. Manufacturers who do not indicate a choice between the State Program or a manufacturer program must participate in the State Program for the following year.

2. A computer manufacturer with less than a five-percent (5%) return share is not allowed to implement a manufacturer program and is required to participate in the State Program.

B. Manufacturer Program Plan: Each year, a computer manufacturer choosing to implement a manufacturer program shall submit an implementation plan in writing to the Department no later than December 15th of the year preceding the calendar year covered under the proposed plan. A group of computer manufacturers may choose to implement a manufacturer program as one entity. The manufacturer's plan must include:

1. The names of the participating computer manufacturers and the appropriate contact information for all individuals designated with responsibility for developing the plan and implementing the program.

2. An explanation of how the computer manufacturer(s) will provide convenient collection service statewide for all brands of covered electronic products from households and public and private elementary and secondary schools in this state, including:

a. The staffing and operating hours the collection sites will be open to the public and an explanation on how that provides a frequency adequate to meet the needs of the area being served.

b. Any collection service(s) operated jointly with another program(s), potentially including, but not be limited to, mail back programs and collection events.

c. All collectors and recyclers to be utilized in the course of the implementation of the plan, and procedures to ensure that all collectors and recyclers are properly registered with the Department is accordance with § 4.12 of this Part of these regulations.

3. An explanation of how the computer manufacturer(s) will finance a statewide program to collect covered electronic products from households and public and private elementary and secondary schools in this state;

a. The computer manufacturer(s) must provide for basic service collection, transportation and recycling of from households and public and private elementary and secondary schools free-of-charge; and

b. The computer manufacturer(s) may provide additional premium service and may charge for the additional cost of that premium service.

4. An explanation of how the computer manufacturer(s) will provide for advertising and promotion of collection opportunities statewide and on a regular basis from households and public and private elementary and secondary schools in this state;

5. An explanation of how the computer manufacturer(s) will provide for environmentally sound management practices of covered electronic products collected, transported and recycled from households and public and private elementary and secondary schools in this state in accordance with § 4.13 of this Part;

6. Proposed methodology and procedures to conduct statistically significant sampling or an actual count of the covered electronic products collected and recycled by the computer manufacturer each calendar year. For all computer manufacturers, the report must include:

a. A list of all brands identified during the sampling or count by the manufacturer;

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

c. The total weight of covered electronic products, including orphan waste if applicable, collected from households and public and private elementary and secondary schools in the state by the manufacturer during the previous calendar year.

7. Each computer manufacturer included in the plan must include a statement disclosing whether:

a. Any video display devices sold in Rhode Island exceed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated diphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous substances in electrical and electronic equipment) directive 2002/95/EC of the European parliament and council and any amendments there to enacted as of the date; or

b. The manufacturer has received an exemption from one or more of those maximum concentration values under the RoHS directive that has been approved and published by the European commission.

8. Computer manufacturers who indicate their intent to participate in a manufacturers program but do not submit a plan by December 15th must participate in the State Program for the following year.

C. Review, Decisions and Implementation of the Plan:

1. The Department may approve the plan, approve the plan with conditions and/or amendments, identify deficiencies and provide the manufacturer(s) with a specific time period to correct such issues, or deny the plan.

2. Any computer manufacturer proposing a manufacturer program shall implement the plan submitted pursuant to § 4.9(B) of this Part beginning January 1st unless the manufacturer has received, in writing, a determination from the Department that the plan is not acceptable.

3. If the Department approves the plan with conditions and/or amendments, the computer manufacturer(s) shall implement the plan as directed or appeal the conditions and/or amendments.

4. If the Department identifies deficiencies and provides the manufacturer(s) with a specific time period to correct such issues, the computer manufacturer(s) shall address those deficiencies and submit an amended plan in accordance with the specific schedule.

5. If the Department determines that the plan is unacceptable and denies the plan in writing, the computer manufacturer(s) covered under that plan shall participate in the State Program under R.I. Gen. Laws § 23-24.10-11.

D. Market Shares:

1. The Corporation shall propose a return share and corresponding return share by weight for each computer manufacturer in accordance with R.I. Gen. Laws §§ 23-24.10-3(13) and 23-24.10-3(14). This return share and return share by weight shall include the manufacturer's responsibility for brands of orphan waste as allocated across all computer manufacturers. The Corporation shall submit the proposed return share and return share by weight for each computer manufacturer to the Department, along with the basis for such determination, in writing for review and approval on an annual basis no later than October 15th of each year.

2. After review and approval of the proposal submitted by the Corporation, the Department shall designate the return share and return share by weight for each computer manufacturer for the following year pursuant to R.I. Gen. Laws § 23-24.10-11. By January 1st of each year, the Department shall notify each computer manufacturer that had a market share greater than zero of that market share for the following year.

3. A computer manufacturer shall remain responsible for brands annually registered pursuant to § 4.7 of this Part and corresponding return shares assigned pursuant to this section for the full calendar year.

E. System Performance:

1. Computer manufacturer(s) shall design and implement the collection program with the goal of collecting its assigned return share by weight for the calendar year. Only computer manufacturers that meet the qualifications outlined in § 4.9(A) of this Part are permitted to implement a group manufacturer program for computers.

2. If a group of computer manufacturers chooses to implement a manufacturer group program as one entity, the manufacturers must design that group program to meet the sum of their individual return shares.

3. Any computer manufacturer that does not meet its assigned return share and return share be weight for the previous calendar year, either through an individual or group collection program, may purchase credit for excess material collected either in other computer manufacturer programs or the State Program. Any rate or price for such transaction shall be negotiated between the parties. All purchases and transactions for credit shall only be for excess covered material collected in and originating from Rhode Island and shall be properly reported in the annual report due to the Department (and by the Corporation if the purchase included material from the State Program).

4. Any computer manufacturer that does not meet its assigned return share by weight for the previous calendar year, either through an individual or group collection program, shall pay the R.I. Resource Recovery Corporation an amount equivalent to the amount the manufacturer would have paid if a participant in the State Program plus ten percent (10%). This amount shall be the per pound fee for the prior year, as approved by the Department, multiplied by the manufacturer's return share as established for the prior program year. Payment must be submitted to the R.I. Resource Recovery Corporation by February 1st.

F. Reporting: Each computer manufacturer must provide a report to the Department no later than February 1st of each year that details how the plan required under this section was implemented during the previous calendar year. Computer manufacturers authorized to implement a group collection program may provide one annual report to the Department addressing items § 4.9(F)(1) through 4.9(F)(11) of this Part for the entire group program. The annual report must include:

1. A description of the statewide collection service statewide for households and public and private elementary and secondary schools.

2. The number of days and operating hours that the collection sites were open to the public.

3. A listing of all collectors and recyclers utilized in the course of the implementation of the plan.

4. The degree to which the public utilized any premium services.

5. A listing of the advertising and promotion activities conducted over the calendar year.

6. A report on compliance with environmentally sound management practices as required by § 4.13 of this Part;

7. The methodology, procedures, and results of the statistically significant sampling or actual count of the covered electronic products collected and recycled by the manufacturer during the calendar year. It shall also include:

a. A list of all brands identified during the sampling or count by the manufacturer;

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

8. The portion of the amount of total material collected that was collected from public and private elementary and secondary schools.

9. A comparison of the amount of material collected with the return share assigned to the manufacturer(s) covered by the plan.

10. The amount, if any, of purchased credit for excess material collected either in other computer manufacturer programs or the State Program.

11. The amount, if any, of the payment submitted to the R.I. Resource Recovery Corporation as a result of the manufacturer(s) not meeting the assigned return share(s) by weight for the previous calendar year.

G. In the event a manufacturer can be classified as a manufacturer of both televisions and computer covered electronic products, said manufacturer shall be allowed to provide a single collection program for both types of covered products with the approval of the Department.

250 R.I. Code R. 250-RICR-140-20-4.9