Current through Register Vol. 48, 12, December 27, 2024
A.
Purpose and Scope;
Applicability.
1. The South Carolina
Manufacturer Responsibility and Consumer Convenience Information Technology
Equipment Collection and Recovery Act (hereafter referred to as the Act), S.C.
Code Section 48-60-5 et seq., establishes requirements for the sale, management
and recovery of covered electronic devices, specifically for household
computers, printers, monitors and televisions. The purpose of this regulation
is to execute the provisions of the Act.
2. This regulation applies to the proper
management of consumer computers, printers, monitors and televisions by the
manufacturers, retailers, and recoverers of these devices.
3. A manufacturer of a covered device that
sells five hundred or fewer such devices in the State per year is exempt from
registration, penalty, or shortfall fees proposed in this chapter. However,
should a manufacturer that is exempt from registration choose to be included on
the Department's webpage list of manufacturers with compliant consumer
electronic device stewardship programs, then the manufacturer shall provide
details of their program for the previous year.
B.
Definitions.
1. "Act" means the South Carolina
Manufacturer Responsibility and Consumer Convenience Information Technology
Equipment Collection and Recovery Act of 2010.
2. "Collect" or "collection" means to
facilitate the delivery of a covered device to a collection site included in a
manufacturer's consumer electronic device stewardship program and to transport
the covered device for recovery.
3.
"A computer manufacturer" means a person who:
a. Manufactures a covered computer device
under its own brand for sale or without affixing a brand;
b. Sells in this State a covered computer
device produced by another supplier under its own brand or label;
c. Imports covered computer devices; provided
that if a company from which an importer purchases a covered computer device
has a presence or assets in the United States, that company must be considered
the manufacturer; or
d.
Manufactures a covered computer device, supplies a covered computer device to a
person within a distribution network that includes wholesalers or retailers in
this State, and benefits from the sale of a covered device through that
distribution network.
4.
"A computer monitor manufacturer" means a person who:
a. Manufactures a covered computer monitor
device under its own brand for sale or without affixing a brand;
b. Sells in this State a covered computer
monitor device produced by another supplier under its own brand or
label;
c. Imports covered computer
monitor devices; provided that if a company from which an importer purchases a
covered computer monitor device has a presence or assets in the United States,
that company must be considered the manufacturer; or
d. Manufactures a covered computer monitor
device, supplies a covered computer monitor device to a person within a
distribution network that includes wholesalers or retailers in this State, and
benefits from the sale of a covered device through that distribution
network.
5. "Consumer"
means an occupant of a single detached dwelling unit or a single unit of a
multiple dwelling unit who has used a covered device primarily for personal or
home business use.
6. "Consolidate"
means to gather for transport or storage covered devices prior to delivery to a
recovery or recycling facility. Consolidation programs may include, but are not
limited to, local government programs, private collection networks, and other
forms of collection associated with consumer electronic device stewardship
programs.
7. "Covered computer
device" means a desktop, laptop or notebook computer or a printing device
marketed and intended for use by a consumer, but does not include a covered
television device. An integrated all-in-one unit, containing both a display
greater than thirteen inches, and a computer, is considered a covered computer
device for the purposes of this regulation.
8. "Covered computer monitor device" means a
display device typically manufactured without an internal tuner that can
display pictures and sound and is designed for use with a desktop
computer.
9. "Covered devices"
means a covered computer device, a covered computer monitor device and a
covered television device marketed and intended for use by a consumer. "Covered
device," "covered computer device," "covered computer monitor device" and
"covered television device" do not include any of the following:
a. A covered device that is a part of a motor
vehicle or a 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;
b. A covered device
that is functionally or physically a part of, or connected to, or integrated
within equipment or a system designed and intended for use in an industrial,
governmental, commercial, research and development, or medical setting,
including, but not limited to, diagnostic, monitoring, control or medical
products as defined under the federal Food, Drug, and Cosmetic Act, or
equipment used for security, sensing, monitoring, antiterrorism, or emergency
services purposes or equipment designed and intended primarily for use by
professional users;
c. A covered
device that is contained within a clothes washer, clothes dryer, refrigerator,
refrigerator and freezer, microwave oven, conventional oven or range,
dishwasher, room air conditioner, dehumidifier, air purifier, water heater, or
exercise equipment;
d. Telephones
of any type, including but not limited to mobile telephones, a personal digital
assistant (PDA), a global positioning system (GPS), or a hand-held gaming
device; or
e. A plastic, wood or
composite case that once held a covered device or was a subassembly of a
covered device but is void of any electronics, leaded glass or metal electronic
components.
10. "Covered
television device" means any electronic device that contains a tuner that locks
on to a selected carrier frequency and is capable of receiving and displaying
television or video programming via broadcast, cable, or satellite, including,
but not limited to, a direct view or projection television with a viewable
screen of nine inches or larger whose display technology is based on cathode
ray tube, plasma, liquid crystal display, digital light processing, liquid
crystal on silicon, silicon crystal reflective display, light emitting diode,
or similar technology marketed and intended for use by a consumer primarily for
personal purposes. The term does not include a covered computer
device.
11. "Department" means the
South Carolina Department of Health and Environmental Control (DHEC).
12. "Individual Recycling Obligation" means:
a. The total weight in pounds of covered
television and computer monitor devices that a television or computer monitor
manufacturer participating in Section I is required to recycle, recover, or pay
the cost for recovery, during a program year; or
b. The coverage obligation as determined by
the representative organization for a member manufacturer pursuant to Section J
to recycle, recover, or pay the cost for recovery during a program
year.
13.
"Manufacturer's brands" means a manufacturer's name, brand name either owned or
licensed by the manufacturer, or brand logo for which the manufacturer has
legal responsibility.
14. "Market
share" means the total weight of a manufacturer's televisions or computer
monitors that were sold at retail in the United States to individuals during
the previous program year, multiplied by the population fraction of South
Carolina to the United States population, based on the most recent United
States Census data, divided by the weight of all of the televisions or computer
monitors that were sold at retail to individuals in the State during the
previous year.
15. "Printing
device" means a desktop printer that prints on paper and is designed for use
with a desktop or portable computer. The term includes, but is not limited to,
a daisy wheel, dot matrix, inkjet or laser printer. The term includes devices
that perform other functions in addition to printing such as copying, scanning
or transmitting a facsimile, but does not include free-standing devices that
are primarily copiers or facsimile machines used independently of desktop or
portable computers. The term does not include floor-standing printers, small
household printers such as a calculator with printing capabilities or label
makers, or printing devices that are embedded into products that are not
covered computer devices.
16.
"Program year" means the calendar year.
17. "Person" means an individual, business
entity, partnership, limited liability company, corporation, not-for-profit
corporation, association, government entity, public benefit corporation, or
public authority.
18. "Recover"
means to reuse or recycle.
19.
"Recoverer" means a person that reuses or recycles a covered device.
20. "Repairer" means a person or entity that
primarily replaces broken or malfunctioning parts or refurbishes and upgrades
covered devices primarily for resale or reuse but does not disassemble covered
devices beyond their subassembly components for the purpose of recovering
metals, glass or plastics.
21.
"Representative organization" means an organization created to develop and
oversee implementation of a statewide plan consisting of one or more consumer
electronic device stewardship programs, both in the State and in other
jurisdictions that authorize such a representative organization.
22. "Retail sale" means the sale of a new
product through a sales outlet, the Internet, mail order or otherwise, whether
or not the seller has a physical presence in this State. A retail sale includes
the sale of new products.
23.
"Retailer" means a person engaged in retail sales.
24. "Sale" or "sell" means a transfer for
consideration of title including, but not limited to, transactions conducted
through sales outlets, catalogs, or the Internet, or any other similar
electronic means, but does not mean leases.
25. "Shortfall fee" means a fee due to the
Department from the manufacturer of a covered television device or computer
monitor device that fails to achieve its individual recycling obligation for a
given program year.
26.
"Subassemblies" means pieces of a covered device that have been disconnected by
breakage or removed during disassembly of the device. It does not refer to a
keyboard, mouse, speaker or other peripheral device or to parts of covered
devices that are void of any electronics, leaded glass, or metal electronic
components.
27. "Television" means
any electronic device that contains a tuner that locks on to a selected carrier
frequency and is capable of receiving and displaying television or video
programming via broadcast, cable, or satellite, including, but not limited to,
a direct view or projection television with a viewable screen of nine inches or
larger whose display technology is based on cathode ray tube, plasma, liquid
crystal display, digital light processing, liquid crystal on silicon, silicon
crystal reflective display, light emitting diode, or similar technology
marketed and intended for use by a consumer primarily for personal purposes.
The term does not include a covered computer device.
28. "Television manufacturer" means a person
who:
a. Manufactures covered television
devices under a brand that it licenses or owns, for sale in this
State;
b. Manufactures covered
television devices without affixing a brand for sale in this State;
c. Resells into this State a covered
television device under a brand it owns or licenses produced by other
suppliers, including retail establishments that sell covered television devices
under a brand the retailer owns or licenses;
d. Imports covered television devices;
provided that if a company from which an importer purchases a covered device
has a presence or assets in the United States, that company must be considered
the manufacturer
;
e. Manufactures covered television devices,
supplies them to a person or persons within a distribution network that
includes wholesalers or retailers in this State, and benefits from the sale in
this State of those covered television devices through the distribution
network; or
f. Assumes the
responsibilities and obligations of a television manufacturer under this
chapter. If the television manufacturer is one who manufactures, sells, or
resells under a brand it licenses, the licensor or brand owner of the brand
must not be included in the definition of television manufacturer under items
28 a. or c.
C.
Audits, Inspection and
Recordkeeping.
1. The Department or its
representatives may conduct audits and inspection of covered device
manufacturers, retailers and recoverers to determine compliance with State law
and this regulation.
2. Records
necessary to determine compliance with this regulation must be maintained for a
period of not less than three years and made available for inspection by
Department personnel upon request.
3. No manufacturer shall report or claim the
weight of covered devices collected from consumers outside of the borders of
the State for the purposes of meeting recycling obligations within the
State.
D.
Manufacturer's Labels and Retailer Sale Requirements.
1. A computer, computer monitor, or
television manufacturer may not sell or offer to sell a covered device unless a
label indicating the computer, computer monitor, or television manufacturer's
brand is permanently affixed to the covered device in a readily visible
location.
2. A retailer only may
sell or offer to sell a covered device that:
a. Bears a manufacturer label as provided in
Section D. 1; and
b. Is
manufactured by a manufacturer that offers a consumer electronic device
stewardship program as provided in Sections G, I or K of this
regulation.
3. The
requirements of this section do not apply to a television sold by a retailer
for less than one hundred dollars.
4. A retailer is not responsible for an
unlawful sale if the manufacturer's compliance status expired or was revoked
and the retailer took possession of the covered device prior to the expiration
or revocation of the manufacturer's compliance status and the unlawful sale
occurred within six months after the expiration or revocation.
E.
Disposal Prohibition for
Covered Devices.
1. A consumer must not
knowingly place or discard a covered device or subassemblies of a covered
device containing any electronics, leaded glass or metal electronic components
in a waste stream that is to be disposed of in a solid waste
landfill.
2. An owner or operator
of a solid waste landfill must not, at the gate, knowingly accept, for
disposal, loads containing more than an incidental amount of covered
devices.
3. The owner or operator
of a solid waste transfer station or landfill must post, in a conspicuous
location, a sign informing the public that covered devices or any components of
covered devices containing any electronics, leaded glass or metal electronic
components are not accepted for disposal at the landfill.
F.
Standards for Management of Covered
Devices.
1. Covered devices must be
recovered in a manner that complies with all applicable federal, state, and
local requirements.
2. Recovery of
covered devices should be performed in a manner that utilizes consolidation and
management practices of the industry, to include but not limited to:
a. Unattended or unsecured drop-off of
covered devices shall be allowed when instruction is provided to the public to
prevent mishandling and breakage of covered devices;
b. Storage areas or containers utilized for
the recovery of covered devices are reasonably protected from weather with
tarps or other suitable means to prevent accumulation of water within storage
containers during periods of rain;
c. Covered devices shall be handled and
stored in such a way as to minimize breakage;
d. Debris from broken covered devices shall
be cleaned up immediately and managed appropriately;
e. Covered devices shall be transported in
manner that minimizes breakage and prevents contents from being ejected onto
roads and highways; and
f. Shipping
containers shall be labeled clearly to identify the type of material
enclosed.
3. Covered
devices shall not be disassembled, dismantled, shredded, transformed, or
demanufactured, unless the practice provides a safer working environment for
employees such as the removal of power cords and cables to prevent trips and
falls, and the practice is communicated to the recoverer in advance, prior to
the delivery of all the parts to a certified recoverer.
4. Residential recovery programs of local
governments and manufacturer stewardship programs shall assure that all covered
devices are transported to recycling or recovery facilities that are currently
certified by an acceptable program such as Responsible Recycling (R)(2)
Practices, e-Stewards, or other certification program recognized by the
Department or the United States Environmental Protection Agency.
5. Covered television and computer monitor
devices, or subassemblies containing any electronics, leaded glass or metal
electronic components of such covered devices, collected from residential
recovery programs must not knowingly be placed or discarded in a waste stream
that is to be disposed of in a solid waste landfill.
6. Repairers and refurbishers of covered
devices are exempt from registration, reporting, and recordkeeping requirements
so long as all non-reusable parts containing any electronics, leaded glass or
metal electronic components are transported to recycling or recovery facilities
that are currently certified by an acceptable program such as Responsible
Recycling (R)(2) Practices, e-Stewards, or other certification program
recognized by the Department or the United States Environmental Protection
Agency.
7. Local governments that
receive recycling services from a consumer electronic device stewardship
program participating in a representative organization must not charge the
representative organization for collection costs and shall offer the
representative organization all covered devices consolidated by a participating
local government at no cost.
G.
Requirements for Manufacturers of
Computers, Printers, and other Computer Devices.
1. A manufacturer may not sell or offer to
sell in this State a covered computer device unless the manufacturer provides a
consumer electronic device stewardship program at no charge or provides a
financial incentive of equal or greater value, such as a coupon. A consumer
electronic device stewardship program must:
a.
Require a computer device manufacturer to offer to collect from a consumer a
covered computer device bearing a label as provided in Section D; and
b. Make the collection service as convenient
to a consumer as the purchase of a covered computer device from a computer
manufacturer as follows:
(1) A computer device
manufacturer may utilize a mail-back system in which a consumer can return an
end-of-life covered device by mail, including a system in which a consumer can
go online, print a prepaid shipping label, package the product, and affix the
prepaid label to the package for deposit with the United States Postal Service
or other carrier selected by the manufacturer.
(2) If the computer device manufacturer does
not provide a mail-back system, the manufacturer must provide collection sites
or collection events, or both, that are centrally located in a county, region,
or other locations based on population. Manufacturers of computer devices shall
work in coordination with the Department to determine an appropriate number of
collection sites or collection events, or both.
2. At the beginning of each program year and
no later than February 15 of a program year, a manufacturer of a computer
device that sells more than five hundred devices in the State per year, must
register with the Department and pay a registration fee in the amount as
prescribed by the Act.
3. A
consumer electronic device stewardship program may use existing consolidation
infrastructure for recovering covered devices, including retailers, recyclers,
reuse organizations, private networks and local governments.
4. Manufacturers of computer devices may work
collectively and cooperatively with other manufacturers to offer collection
services to consumers.
5. A
consumer electronic device stewardship program must be described on a computer
device manufacturer's Internet website if a manufacturer maintains an Internet
website.
6. Collection events under
this section must accept any covered computer device regardless of
brand.
H.
Requirements for Manufacturers of Covered Televisions or Computer
Monitors.
1. No television manufacturer
or computer monitor manufacturer shall sell or offer for sale a covered
television device or covered computer monitor device in this State unless the
television manufacturer or computer monitor manufacturer provides a consumer
electronic device stewardship program at no charge or provides a financial
incentive of equal or greater value, such as a coupon.
2. A television manufacturer or computer
monitor manufacturer may fulfill the requirements of this regulation either
individually or in participation with other manufacturers, or through a
representative organization. A consumer electronic device stewardship program
may use existing consolidation infrastructure for recovering covered television
or covered computer monitor devices, including retailers, recyclers, reuse
organizations, private networks and local governments.
3. By January 1, 2015, and by February 15,
annually thereafter, a television manufacturer or computer monitor manufacturer
that sold more than five hundred covered devices in South Carolina during the
prior calendar year shall register with the Department. The manufacturer shall:
a. Notify the Department that they intend to
participate in a representative organization and identify the representative
organization they will join for the program year, or notify the Department of
its intent to fulfill its obligations under this chapter by implementing their
own consumer electronic device stewardship program that meets the requirements
of Section I of this regulation.
b.
Provide the Department with contact information for the manufacturer's
designated agent or employee whom the Department may contact for information
related to the manufacturer's compliance with the requirements of this
regulation.
I.
Consumer Electronic Device
Stewardship Programs for Manufacturers Not Participating in a Representative
Organization.
1. If a television or
computer monitor manufacturer does not participate in a representative
organization, the manufacturer annually shall recycle or arrange for the
recycling of covered television devices and covered computer monitor devices in
the amount of eighty percent of the weight of the covered devices sold by the
manufacturer in the State during the previous program year.
2. A manufacturer shall pay an annual
registration fee in the amount as prescribed by the Act. A manufacturer that
produces computer monitors, computers, or televisions is required to pay only
one annual registration fee, unless exempt from fees as described in Section
A.4 of this regulation. Upon registration the manufacturer shall provide the
Department with a statement that all recycling or recovery facilities used by
their recoverers as part of their South Carolina consumer electronic device
stewardship program are currently certified by an acceptable program such as
Responsible Recycling (R)(2) Practices, e-Stewards or other certification
program recognized by the Department or the United States Environmental
Protection Agency.
3. By February
15 of each program year, a television or computer monitor manufacturer shall
submit an annual report to the Department. The annual report shall include:
a. The estimated total weight of the
manufacturer's covered television devices or covered computer monitor devices
sold at retail in the United States or in this State, if the information is
available, for the previous program year;
b. The total weight of covered devices
collected and recycled and listed by county of the State during the previous
program year;
c. Any recovered
weight exceedance credits earned, redeemed, sold or purchased from other
manufacturers in the previous year along with the names of those manufacturers,
the county of origin for the material, and dates of transactions.
4. Recovery exceedance credits may
be earned by exceeding the individual recycling obligation for the program
year. A manufacturer may also notify the Department of their intent to sell or
transfer exceedance credits of recovery to another manufacturer along with the
weight and county of origin from which the covered devices were consolidated.
Exceedance credits earned for a program year shall be valid for three
years.
5. The year-to-date recovery
amounts for material recovered state-wide shall be readily available for
Department review during the program year and at most quarterly and within
thirty days of request by the Department.
6. A manufacturer of a covered television
device or covered computer monitor device with a consumer electronic device
stewardship program pursuant to Section I that fails to meet its individual
recycling obligation for the previous program year as outlined in this
regulation may elect to:
a. Pay a shortfall
fee as determined by the Department; or
b. Account for the amount of the shortfall in
the following year. A manufacturer electing to account for the amount of a
shortfall in the following year only may elect this option once every three
years.
7. The shortfall
fee for manufacturers not participating in a representative organization is
calculated as follows:
a. If the manufacturer
of a covered television or computer monitor device recycles at least ninety
percent, but less than one hundred percent of its individual recycling
obligation, the shortfall fee is thirty cents multiplied by the number of
additional pounds that should have been recycled in order for the manufacturer
to have met its individual recycling obligation.
b. If the manufacturer of a covered
television or computer monitor device recycles at least fifty percent, but less
than ninety percent of its individual recycling obligation, the shortfall fee
is forty cents multiplied by the number of additional pounds that should have
been recycled in order for the manufacturer to have met its individual
recycling obligation.
c. If the
manufacturer of a covered television or computer monitor device recycles less
than fifty percent of its individual recycling obligation, the shortfall fee is
fifty cents multiplied by the number of additional pounds that should have been
recycled in order for the manufacturer to have met its individual recycling
obligation.
J.
Responsibilities of Manufacturers
Participating in a Representative Organization.
1. No later than February 15 each program
year, a television or computer monitor manufacturer participating in a
representative organization shall submit to the Department an annual report
unless a representative organization will report on behalf of the manufacturer.
The report shall include, but not be limited to, the following:
a. The best available market share data for
participating manufacturers available on September 1 of the previous
year;
b. The estimated total weight
of the manufacturer's covered television devices or covered computer monitor
devices sold at retail in the United States or in this State, if the
information is available, for the previous program year;
c. The total weight of covered devices
collected and recycled, listed by county of origin during the previous program
year;
d. A statement of assurance
that all recycling or recovery facilities used by the manufacturer as part of
their consumer electronic device stewardship program are currently certified by
an acceptable program such as Responsible Recycling (R)(2) Practices,
e-Stewards or other certification program recognized by the Department or the
United States Environmental Protection Agency; and
e. A description of any individual recycling
obligation for which the participating manufacturer was deficient in the
previous year.
2. A
manufacturer that participates in an approved representative organization is
not required to pay an annual registration fee to the Department for the
program year of participation with the representative organization.
3. A manufacturer that fails to meet an
individual recycling obligation as assigned by a representative organization
shall either submit a plan for increasing the recycling obligation in the
coming year by the amount of the deficiency or pay a shortfall fee based on the
shortfall as calculated by the representative organization for the previous
program year. A manufacturer may elect to account for the shortfall in the next
program year but only may elect this option once every three years.
4. The shortfall fee for manufacturers
participating in a representative organization is calculated as follows:
a. If the manufacturer of a covered
television or computer monitor device fulfills at least ninety percent, but
less than one hundred percent of its individual recycling obligation, the
shortfall fee is thirty cents multiplied by the number of additional pounds
that should have been recycled in order for the manufacturer to have met its
individual recycling obligation.
b.
If the manufacturer of a covered television or computer monitor device fulfills
at least fifty percent, but less than ninety percent of its individual
recycling obligation, the shortfall fee is forty cents multiplied by the number
of additional pounds that should have been recycled in order for the
manufacturer to have met its individual recycling obligation.
c. If the manufacturer of a covered
television or computer monitor device fulfills less than fifty percent of its
individual recycling obligation, the shortfall fee is fifty cents multiplied by
the number of additional pounds that should have been recycled in order for the
manufacturer to have met its individual recycling obligation.
5. A television manufacturer or
computer monitor manufacturer participating in a representative organization
with an approved consumer electronic device stewardship program that falls
below seventy-five percent of its obligation, as determined by a representative
organization at the end of the program year, is ineligible to participate in
the consumer electronic device stewardship program the following year and shall
implement a consumer electronic device stewardship program as described in
Section I.
6. Any manufacturer that
is denied participation in a representative organization shall implement a
consumer electronic device stewardship program as described in Section
I.
K.
Requirements for Representative Organizations.
1. By February 15 of each year, the
representative organization shall submit the final roster of manufacturers,
local governments, private networks and participating companies for the program
year with any deletions, additions, and updates from previously approved plans
summarized for Department review.
2. By February 15 of each year, the
representative organization shall submit a final report summarizing the
activities of the previous program year for all of the manufacturers and
private collection networks participating in the representative organization
unless the members of the representative organization opt to provide annual
reports individually. The report shall include:
a. A description of the methods used to
collect, transport, and process covered devices from residential consumers in
the State;
b. The results of a
survey of county and municipal recycling representatives concerning the
availability of opportunities for consumers to recycle covered electronic
devices;
c. An accounting of the
weight of covered devices collected, reported by county of origin for
consolidation, including the weight of covered television and computer monitor
devices contributed through all sources, including private collection
networks;
d. A description of
services provided to each of the local government participants including, but
not limited to, collection event services and the number and location of
collection locations used during the prior year, and logistical support for
preparing the consolidated devices for transportation offsite;
e. A list of manufacturers, as determined by
the representative organization, failing to meet their recycling obligation as
assigned by the representative organization and any shortfall penalties,
pursuant to Section
48-60-160
of the Act. The report shall summarize the contributions of each manufacturer
participating in the plan. Any participants that failed to meet their
obligations shall be listed in the final report along with any shortfall as
calculated by the representative organization, or any expulsions from the plan
for manufacturers that contributed less than seventy-five percent of their
obligation; and
f. A description of
services in counties with three percent or less of the total population of the
State. If the services provided within these jurisdictions is disproportionate
to the other services provided for counties with populations above three
percent of the State's total population, the representative organization must
provide the Department an explanation of these differences.
3. Not later than October 1 of
each year, a representative organization shall submit an annual plan for a
consumer electronic device stewardship program. The plan shall:
a. List the local governments for which
ongoing collection services will be provided. In determining the number and
composition of local governments to include in the plan, the representative
organization shall target a percentage of the State population that is
approximately equal to the combined market share percentage of all of the
manufacturers participating in the representative organization. The Department
may consider a local government's election to either participate or not
participate in a consumer electronic device stewardship program, and any other
circumstances or factors the representative organization provides regarding
their determination of the appropriate State population percentage and counties
to be serviced for the program year;
b. Provide a description of incentives to
ensure convenient mechanisms to collect used consumer electronic devices
throughout the State. These incentives may include private collection networks
and a description of how they lessen the burden and expense for local
government collection and increase recycling opportunities by providing
additional convenience to consumers across the State. The Department may
consider the regional coverage, volume of historical collection from private
networks, and the projected success of new private collection networks during
plan evaluation;
c. Describe
projected collection events, if any, that will be used to augment collection in
a. or b. above, to increase recycling opportunities and provide additional
convenience to consumers in less populated counties;
d. Describe specifically the elements of the
plan that provide service to counties with less than three percent of the
State's population and to counties with less than one percent of the State's
population;
e. Calculate the sum
total of weight from all sources of consumer covered television and computer
monitor devices encompassed in the plan for the previous program year and the
projected weight from new sources in the plan to illustrate the scale of
projected recycling activities anticipated by participating manufacturers in
the new program year;
f. Address
how its members will ensure continuous service to local governments and other
sources specified in the annual plan, throughout the program year, to recover
all covered television and computer monitor devices of the participants in the
plan; and
g. Establish fair and
reasonable policies for administration of the plan.
4. The plan shall include:
a. A point of contact for the organization,
including email and phone number;
b. An identification of each manufacturer
participating in the consumer electronic device stewardship program included in
the representative organization plan and the brands of consumer electronic
devices sold in the State that are covered by the program;
c. An identification of each local government
participating in the consumer electronic device stewardship program included in
the representative organization plan, including a list of projected
consolidation locations and projected collection events to be made available to
consumers and the phone number and email address for the principal person to
contact for the local government;
d. An identification of each private
collection network participating in the consumer electronic device stewardship
program along with the historic data of television devices and monitor devices
consolidated by each private network in the previous program year, and a list
of projected consolidation locations and projected collection events to be made
available to consumers, along with the phone number and email address for the
principal person to contact for the private collection network;
e. A description of how collection service to
be provided to local residents by any private consolidator or private network
included in the plan supplement and relieve collection and recycling burden of
local governments through a level of service that may approach or be equivalent
to service provided by local governments;
f. A description of how the organization will
provide consumers with information and educational materials regarding the
consumer electronic device stewardship program to promote the recycling and
reuse of covered television devices and covered computer monitor
devices;
g. A description of how
the organization will achieve environmentally sound management for covered
television devices and covered computer monitor devices that are collected for
reuse and recycling;
h. A
description of the participation requirements for manufacturers, and penalties
for failure to comply with the plan, including the process for excluding
manufacturers from participating in the organization;
i. Documentation of how the collection
component of the plan was developed with input from local government recycling
representatives and other stakeholders;
j. A description of incentives and directives
to ensure convenient mechanisms to collect covered devices from consumers
throughout the state and throughout the program year;
k. Provide a statement that all recycling or
recovery facilities used by their member manufacturers' recoverers as part of
their South Carolina consumer electronic device stewardship program are
currently certified by an acceptable program such as Responsible Recycling
(R)(2) Practices, e-Stewards or other certification program recognized by the
Department or the United States Environmental Protection Agency;
l. An explanation of why a disruption of
commercial activity that may arise from implementation of the plan is
consistent with fulfilling the intent of this regulation and provide sufficient
information to allow the Department to confirm the consistency of the plan with
this regulation by review of the plan's financial and operational elements;
and, if applicable,
m. A summary of
any corrections or additions made to the final report for the previous program
year.
5. A
representative organization shall be prepared to confer with the Department and
local government stakeholders involved in the representative organization plan
at least quarterly to address compliance, efficiency, and management practices
for implementing the representative organization's plan, and to report
year-to-date recovery amounts, at most quarterly, to the Department within
thirty days of such request.
L.
Representative Organization Plan
Approvals and Implementation.
1. Not
later than thirty calendar days after submission of the plan pursuant to
Section K, the Department shall approve the plan for the establishment of a
consumer electronic device stewardship program by the submitting representative
organization if it meets the requirements of Section K.
2. If the Department finds activities
included in the plan that do not fulfill those requirements, it shall specify
in writing what the Department believes to be the plan's deficiencies, promptly
meet with the representative organization to discuss the Department's concerns,
and allow the representative organization at least thirty days after the denial
notice to submit a revised plan. If a revised plan is submitted, the Department
shall review and approve or disapprove the plan within thirty calendar days of
submission.
3. Upon approval of a
representative organization plan by the Department, a representative
organization shall pay a registration fee in the amount as prescribed by the
Act.
M.
Recoverer
Requirements.
1. Covered devices must
be managed in a manner that complies with all federal, state, and local
requirements, and shall not be stored for more than one year at a
facility.
2. No recoverer shall
accept covered devices unless the recoverer can document they are currently
certified by an acceptable program such as Responsible Recycling (R)(2)
Practices, e-Stewards, or other certification program recognized by the
Department or the United States Environmental Protection Agency.
3. All recoverers must maintain records of
the weight and county of origin of the covered devices they accept for
recycling. This information must be provided to the Department in a report no
later than February 15 of each program year.
4. All recoverers that store, consolidate or
process covered devices in the State, must register with the Department the
locations of all storage and processing activities.
5. Recoverers shall comply with the following
registration requirements:
a. The registrant
must provide the Department with the address of the processing or storage
location(s) along with a contact name, phone number, and e-mail
address.
b. A recoverer must
provide, for each storage, consolidation, or processing location, adequate
financial assurance to cover third party removal of all covered devices or
waste material from the facility.
c. The financial assurance shall be issued in
favor of the Department and shall consist of one or more of the following
mechanisms: surety bond, irrevocable letter of credit, insurance, trust fund,
corporate financial test, or other evidence of financial responsibility
assurance approved by the Department.
d. The financial mechanism(s) and amount must
be approved by the Department and the approved financial assurance mechanism
submitted prior to beginning storage or processing operations.
e. The registrant shall provide continuous
coverage for closure until released from financial assurance requirements by
the Department.
f. Upon closing the
storage, consolidation, or processing facility, the registrant shall request
that the Department inspect the facility to ensure removal of all covered
devices and waste. Upon Department approval, the registrant shall be released
from financial assurance requirements.
N.
Violations and Penalties.
Any person who fails to comply with a requirement of S.C. Code Section
48-60-05
et seq. is subject to a civil penalty not to exceed one thousand dollars per
violation.
O.
Severability.
Should any section, paragraph, sentence, word, clause or phrase of this
regulation be declared unconstitutional or invalid for any reason, the
remainder of this regulation shall not be affected thereby.
P.
Repeal of Regulation. This
regulation, except for the provisions of Section E, shall be repealed effective
December 31, 2021.
Statutory Authority: 1976 Code Section 48-60-5 et
seq.