South Carolina Code 48-60-141. Registration of collectors under a manufacturer electronic waste program; denial of a registration; sorting of collected covered devices; prohibited activities
(A) By November 1, 2022, and by November first of each year thereafter for that program year, a person acting as a collector under a manufacturer electronic waste program shall register with the department by completing and submitting to the department the registration form prescribed by the department. The registration form prescribed by the department must include, without limitation, the address of each location at which the collector accepts covered devices.
Terms Used In South Carolina Code 48-60-141
- collection: means to facilitate the delivery of a covered television device or covered computer monitor device to a collection site included in the manufacturer's program, and to transport the covered television device or covered computer monitor device for recovery. See South Carolina Code 48-60-20
- Collector: means a person who collects a covered television device or covered computer monitor device at any program collection site or one-day collection event and prepares them for transport. See South Carolina Code 48-60-20
- Conviction: A judgement of guilt against a criminal defendant.
- Covered devices: means a covered computer device, covered computer monitor device, and a covered television device marketed and intended for use by a consumer. See South Carolina Code 48-60-20
- Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-60-20
- 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 that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. See South Carolina Code 48-60-20
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Manufacturer electronic waste program: means any program established, financed, and operated by a manufacturer, individually or collectively as part of a manufacturer clearinghouse, to transport and subsequently recycle, in accordance with the requirements of this act, covered televisions and computer monitor devices collected at program collection sites and one-day collection events. See South Carolina Code 48-60-20
- One-day collection event: means a one-day event used as a substitute for a program collection site pursuant to § 48-60-56. See South Carolina Code 48-60-20
- Person: means an individual, business entity, partnership, limited liability company, corporation, not-for-profit corporation, association, government entity, public benefit corporation, or public authority. See South Carolina Code 48-60-20
- Program collection site: means a physical location that is included in a manufacturer electronic waste program and at which covered television devices or covered computer monitor devices are collected and prepared for transport by a collector during a program year in accordance with the requirements of this chapter. See South Carolina Code 48-60-20
- Program year: means the calendar year. See South Carolina Code 48-60-20
- Recoverer: means a person that reuses or recycles a covered device. See South Carolina Code 48-60-20
- Television: means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras. See South Carolina Code 48-60-20
(B) The department may deny a registration under this section if the collector or any employee or officer of the collector has a history of:
(1) repeated violations of federal, state, or local laws, regulations, standards, or ordinances related to the collection, recovering, or other management of covered devices;
(2) conviction in this State or another state of any crime which is a felony under the laws of this State, or conviction of a felony in a federal court; or conviction in this State or another state or federal court of any of the following crimes: forgery, official misconduct, bribery, perjury, or knowingly submitting false information under any environmental law, regulation, or permit term or condition; or
(3) gross carelessness or incompetence in handling, storing, processing, transporting, disposing, or otherwise managing covered devices.
(C) The department shall post on the department’s website a list of all registered collectors.
(D) Manufacturers and recoverers acting as collectors shall so indicate on their registration under § 48-60-51 or § 48-60-142 of this chapter.
(E) Each collector that operates a program collection site or one-day event shall ensure that the collected covered devices are sorted and loaded in compliance with local, State, and federal law. In addition, at a minimum, the collector shall also comply with the following requirements:
(1) Covered television devices and covered computer monitor devices must be accepted at program collection sites or one-day collection events unless otherwise provided in this chapter.
(2) Covered television devices and covered computer monitor devices must be kept separate from other material and must:
(a) be packaged in a manner to prevent breakage;
(b) be loaded onto pallets and secured with plastic wrap or in pallet-sized bulk containers prior to shipping; and
(c) weigh on average per collection site eighteen thousand pounds per shipment, and if not then the recoverer may charge the collector a prorated charge on the shortfall in weight, not to exceed six hundred dollars.
(3) Covered devices must be sorted into at least the following categories:
(a) covered computer monitor devices;
(b) covered television devices;
(c) all other covered devices that are part of the manufacturer program;
(d) any other covered device that is not part of the manufacturer program that the collector has arranged to have picked up with covered devices and for which a financial arrangement has been made to cover the recycling costs outside of the manufacturer program; and
(e) any other covered device that is not part of the manufacturer program that the collector has arranged to have picked up with covered devices and for which a financial arrangement has been made to cover the recycling costs outside of the manufacturer program.
(4) Containers holding the covered devices must be structurally sound for transportation.
(5) Each shipment of covered devices from a program collection site or one-day collection event must include a collector-prepared bill of lading or similar manifest, which describes the origin of the shipment and the number of pallets or bulk containers of covered devices in the shipment.
(F) Except as provided in subsection (G), each collector that operates a program collection site or one-day collection event during a program year shall accept all covered television devices and computer monitor devices that are delivered to the program collection site or one-day collection event during the program year.
(G) No collector that operates a program collection site or one-day collection event shall:
(1) accept, at the program collection site or one-day collection event, more than seven covered devices from an individual at any one time;
(2) scrap, salvage, dismantle, or otherwise disassemble any covered devices collected at a program collection site or one-day collection event;
(3) deliver to a manufacturer electronic waste program, through its recoverer, any covered devices other than covered television devices and covered computer monitor devices, unless otherwise provided for in this chapter, collected at a program collection site or one-day collection event; or
(4) deliver to a person other than the manufacturer electronic waste program or its recoverer, covered television devices and covered computer monitor devices, unless otherwise provided for in this chapter, collected at a program collection site or one-day collection event.
(H) Beginning in program year 2023, registered collectors participating in a county or solid waste authority supervised collection programs may collect a fee for each desktop computer monitor or television accepted for recovering to cover costs for collection and preparation for bulk shipment or to cover costs associated with the requirements of subsection (E).
(I) Nothing in this chapter shall prevent a person from acting as a collector independently of a manufacturer electronic waste program.
(J) Any collector or recoverer operating a one-day collection event shall not deliver any collected devices to any county or solid waste authority operating in one or more counties without prior coordination and agreement.