South Carolina Code 48-60-59. Manufacturer electronic waste program plan submitted by a manufacturer clearinghouse
(A) A manufacturer electronic waste program plan submitted by a manufacturer clearinghouse may take into account and incorporate individual plans or operations of one or more manufacturers that are participating in the manufacturer clearinghouse.
Terms Used In South Carolina Code 48-60-59
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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) If a manufacturer clearinghouse allocates responsibility to manufacturers for manufacturers’ transportation and recycling of covered television devices and covered computer monitor devices during a program year as part of a manufacturer electronic waste program plan, the manufacturer clearinghouse shall identify the allocation methodology in the manufacturer recovery plan submitted to the department pursuant to § 48-60-58. Any allocation of responsibility among manufacturers for the collection of covered devices must be in accordance with the allocation methodology established pursuant to § 48-60-61.
(C) A manufacturer clearinghouse has no authority to enforce manufacturer compliance with the requirements of this chapter, including compliance with the allocation methodology set forth in a manufacturer electronic waste plan, but upon prior notice to the manufacturer, shall refer any potential noncompliance to the department. A manufacturer clearinghouse may develop and implement policies and procedures that exclude from participation in the manufacturer clearinghouse any manufacturers found by the department or a court of competent jurisdiction to have failed to comply with this chapter.
(D) A manufacturer may request the department review a manufacturer electronic waste program plan proposed by the clearinghouse. The department shall consider all factors submitted in the request for review in making its determination in accordance with § 48-60-58(B).