§ 7554. Manufacturer opt-out individual plan

(a) Opt-out of Standard Plan. A manufacturer or group of manufacturers may elect not to seek coverage under the Standard Plan established under section 7552 of this title, provided that the manufacturer or group of manufacturers complies with the requirements of subdivisions 7553(a)(1)-(3) of this title and submits an individual plan to the Secretary for approval that:

(1) provides for each county the number of collection methods identified in the Standard Plan adopted under section 7552 of this title;

(2) describes the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:

(A) seek to use businesses within the State, including retailers, charities, processors, and collection and transportation services, to fulfill its program goal under this section;

(B) fairly compensate collectors for providing collection services; and

(C) fairly compensate recyclers for providing recycling services;

(3) describes how the plan will provide service to covered entities;

(4) describes the processes and methods used to recycle electronic waste, including a description of the processing that will be used and the facility location;

(5) documents the audits of each recycler used in the Plan and compliance with recycling standards established under section 7559 of this title;

(6) describes the accounting and reporting systems that will be employed to track progress toward the Plan’s equivalent share;

(7) includes a timeline describing start-up, implementation, and progress toward milestones with anticipated results;

(8) includes a public information campaign to inform consumers about how to recycle their electronic waste at the end of the product’s life.

(b) Manufacturer program goal. An individual plan submitted under this section shall be implemented to ensure satisfaction of the manufacturer’s electronic waste program goal. The Electronic Waste Recycling Program goal for a manufacturer that submits a plan under this section shall be the product of the relevant statewide recycling goal set forth in subsection 7555(a) of this title multiplied by the manufacturer’s market share of covered electronic devices. A manufacturer that submits a plan under this section may only count electronic waste received from covered entities toward the Program goal set forth in this section.

(c) Collection from covered entities. A manufacturer that submits a plan under this section or a collector operating on behalf of a manufacturer that submits a plan under this section shall not charge a fee to covered entities for the collection, transportation, or recycling of electronic waste.

(d) Public review. Before approving an individual plan under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(e) Collection facilities. If a manufacturer that submits a plan under this section is required to implement a collection facility, the collection facility shall be staffed, open on an ongoing basis, and open to the public at a frequency approved by the Secretary in order to meet the needs of the area being served. A collection facility implemented under this section shall be prohibited from refusing or rejecting acceptance of electronic waste delivered to the facility for recycling.

(f) Annual report. Beginning August 1, 2012, a manufacturer that submits a plan under this section shall report by August 1 and annually thereafter to the Secretary the following:

(1) the type of electronic waste collected;

(2) the aggregate total weight of electronic waste the manufacturer recycled by type during the preceding program year;

(3) a list of recyclers utilized by the manufacturer;

(4) a description of the processes and methods used to recycle the electronic waste; and

(5) a summary of the educational and outreach activities undertaken by the manufacturer.

(g)(1) Parity surcharge. A manufacturer that submits a plan under this section shall be assessed a surcharge if the lesser of the following occurs:

(A) the manufacturer accepts less than the Program goal set forth in subsection (b) of this section; or

(B) the manufacturer accepts less than its market share portion of the total of electronic waste collected in the State.

(2) The surcharge shall be calculated by multiplying the average per pound of cost to the Secretary for the current program year to implement the Standard Plan plus 20 percent by the number of additional pounds of electronic waste that should have been accepted by the manufacturer. The surcharges collected under this section shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund and used to offset the costs of Program implementation.

(h) Effective date of plan approval. A plan submitted under this section shall not be approved until the Secretary determines that the plan will provide a functionally equivalent level of electronic waste collection and recycling as the Standard Plan and that all the requirements of this section have been met.

(i) Amendments to plan. An amendment to an individual plan approved under this section shall not take effect until approved by the Secretary.

(j) Opt-in to Standard Plan. At the completion of any program year, a manufacturer approved under this section may seek coverage under the Standard Plan adopted under section 7552 of this title. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2015, No. 150 (Adj. Sess.), § 30, eff. Jan. 1, 2018.)