South Carolina Code 48-60-51. Electronic waste program
(A) For program year 2023 and each year thereafter, 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 offers a manufacturer electronic waste program to transport and recycle, consistent with the requirements of this chapter, covered television devices and covered computer monitor devices collected at, and prepared for transport from, the program collection sites, and one-day collection events included in the program during the program year.
Terms Used In South Carolina Code 48-60-51
- 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
- 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. See South Carolina Code 48-60-20 - Covered computer monitor device: means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a computer and is used by a consumer. See South Carolina Code 48-60-20
- 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
- Covered television device: 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 marketed and intended for use by a consumer primarily for personal purposes. 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
- Manufacturer clearinghouse: means an entity that prepares and submits a manufacturer electronic waste program plan to the department, and oversees the manufacturer electronic waste program, on behalf of a group of two or more manufacturers cooperating with one another to collectively establish and operate an electronic waste program for the purpose of complying with this chapter and that collectively represent at least fifty-one percent of the manufacturers' total obligations pursuant to this chapter for a program year. See South Carolina Code 48-60-20
- 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
- Program year: means the calendar year. See South Carolina Code 48-60-20
- 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. 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
- 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 pursuant to this chapter. See South Carolina Code 48-60-20
(B) A manufacturer can satisfy the requirements of this section either individually or collectively as part of a manufacturer clearinghouse.
(C) Each manufacturer electronic waste program must ensure the following, at a minimum:
(1) satisfaction of the convenience standard described in § 48-60-56;
(2) instructions for counties and solid waste authorities serving one or more counties to file notice to participate in the program;
(3) transportation and subsequent recycling of the covered television devices and covered computer monitor devices collected at, and prepared for transport from, the program collection sites and one-day collection events included in the program during the program year; and
(4) submission of a report to the department by March 1, 2024, and by March first each year thereafter, which reports:
(a) the total weight of all covered devices transported from program collection sites and one-day collection events statewide during the preceding program year by category of device;
(b) the total weight of all covered devices transported from program collection sites and one-day collection events in each county in the State during the preceding program year by category of device.
(D) Each manufacturer electronic waste program shall make the instructions required pursuant to subsection (C)(2) available on its website within thirty days of the effective date of the act or no later than July 1, 2022, and the program shall provide a hyperlink to the website to the department for posting on the department’s website.
(E) Nothing in this chapter prevents a manufacturer from accepting, through its recovery program, covered television devices and covered computer monitor devices collected through a curbside or drop-off collection program that is operated pursuant to a residential collection agreement between a third party and a unit of local government located within a county or solid waste authority serving one or more counties that has elected to participate in a manufacturer electronic waste program.
(F) Manufacturers of covered television devices and covered computer monitor devices are not financially responsible for transporting and consolidating covered devices collected from a collection program’s drop-off location. Any drop-off location operating in program year 2023 or in subsequent years must be identified by the county or solid waste authority serving one or more counties in the annual written notice of election to participate in a manufacturer electronic waste program in accordance with § 48-60-57 to be eligible for the subsequent program year.
(G) As part of their annual registration, a television or computer monitor manufacturer shall provide to the department the total weight of the manufacturer’s covered television devices or covered computer monitor devices sold at retail in the United States and the total weight of covered devices collected and recycled in the State during the previous program year. A manufacturer’s weight sold data is proprietary information of the manufacturer and may be shared with a manufacture clearinghouse.