Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 328 - WASTE MINIMIZATION AND RECYCLING
Subchapter I - COMPUTER EQUIPMENT RECYCLING PROGRAM
Section 328.133 - Applicability and Effective Date

Universal Citation: 30 TX Admin Code § 328.133

Current through Reg. 50, No. 13; March 28, 2025

(a) The collection, recycling, and reuse provisions of this subchapter:

(1) apply exclusively to computer equipment used by an individual primarily for personal or home business use and returned to the manufacturer by a consumer in this state; and

(2) do not impose any obligation on an owner or operator of a solid waste facility.

(b) This subchapter does not apply to:

(1) a television, any part of a motor vehicle, a personal digital assistant, or a telephone; or

(2) a consumer's lease of computer equipment or a consumer's use of computer equipment under a lease agreement.

(c) This subchapter applies to the following persons, as defined in § 328.135 of this title (relating to Definitions):

(1) manufacturers;

(2) retailers;

(3) consumers; and

(4) recyclers.

(d) The effective date of the enforcement provisions of § 328.143(d) or (e) of this title (relating to Enforcement) and of the penalty provisions of § 328.153 of this title (relating to Amount of Penalties) and § 328.155 of this title (relating to Disposition of Penalty) is September 1, 2008.

(e) Facilities involved, under this subchapter or otherwise, in the collection of used computer equipment for recycling or the recycling of used computer equipment must be in compliance with the following as applicable:

(1) § 330.11(e)(2) of this title (relating to Notification Required);

(2) § 335.6 of this title (relating to Notification Requirements);

(3) Subchapter A of this chapter (relating to Purpose and General Information); and

(4) § 328.149 of this title (relating to Sound Environmental Management).

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