13:1E-99.103 Requirements for certain manufacturers; plans.
10. a. Each manufacturer to whom the department provides a market share that is greater than .01 percent of the total shall submit a plan to the department to collect, transport, and recycle covered electronic devices. If the department establishes a Statewide standard program pursuant to section 6 of P.L.2016, c.87 (C.13:1E-99.105a), each manufacturer or group of manufacturers to whom the department provides a market share that is greater than 10 percent of the total may (1) submit a plan to the department to collect, transport, and recycle covered electronic devices, or (2) participate in the Statewide standard program; and each manufacturer to whom the department provides a market share that is 10 percent or less shall fulfill its market share in weight obligation by participating in the Statewide standard program.
b. Each manufacturer to whom the department provides by February 15 of any year, a market share that is greater than .01 percent of the total shall, by April 15 of that year, comply with the requirements of subsection a. of this section.
c. An individual manufacturer submitting a plan pursuant to subsection a. of this section shall collect, transport, and recycle its market share in weight.
d. A group of manufacturers jointly submitting a plan pursuant to subsection a. of this section shall collect, transport, and recycle the sum of the obligations of each participating manufacturer.
e. Every plan shall include:
(1) Methods that will be used to collect the covered electronic devices including proposed collection services;
(2) The processes and methods that will be used to recycle recovered covered electronic devices including a description of the recycling processes that will be used, including the name and location of all authorized recyclers to be directly utilized by the plan;
(3) The processes and methods that will be used to recycle recovered covered electronic devices which originated from transactions between business concerns;
(4) The methods that will be used to provide convenient collection of covered electronic devices, especially used televisions, for residents in densely populated areas of the State;
(5) Means that will be utilized to publicize the collection services, including specification of a website or toll-free telephone number that provides information about the manufacturer's program in sufficient detail to allow consumers to learn how to return their covered electronic devices for recycling; and
(6) The intention of the registrant to fulfill its obligation through operation of its own plan, either individually, by contract with for-profit or not-for-profit entities, a group plan administrator, or local government units, or with other manufacturers.
The department shall hold confidential any information obtained pursuant to this subsection when shown by a manufacturer that the information, if made public, would divulge competitive business information, methods or processes entitled to protection as trade secrets of the manufacturer.
Recovered covered electronic devices shall not be sent to prisons for recycling either directly or through intermediaries and nothing in this section shall be construed to allow for the recycling of covered electronic devices by prisoners. Any person committed to a jail, prison, or other institution for the detention of persons charged with or convicted of an offense shall be disqualified from engaging in the manual or mechanical separation of covered electronic devices to recover components and commodities contained therein for the purpose of re-use or recycling.
By January 1, 2011, each manufacturer or group of manufacturers required to submit a plan, pursuant to subsection a. of this section, shall commence its covered electronic device recycling program to implement and finance the collection, transportation, and recycling of covered electronic devices. The covered electronic device recycling program shall accept all types and all brands of used covered electronic devices, including orphan devices.
f. Each manufacturer's plan or plan jointly submitted by a group of manufacturers through a group plan administrator shall be reviewed to determine its compliance with subsection e. of this section and approved by the department. The department may reject the plan, in whole or in part, and may impose additional requirements as a condition of approval.
g. If a manufacturer fails to comply with all the conditions and terms of an approved plan, the manufacturer shall be prohibited from selling or offering for sale in this State a covered electronic device.
h. Manufacturers that collect, transport, and recycle covered electronic devices in excess of their obligation may sell credits to another registrant or apply that excess to the following year's recycling obligation; provided that no more than 25 percent of a manufacturer's obligation for any program year may be met with credits generated in a prior program year. No manufacturer or group of manufacturers, as the case may be, may cease implementing its plan required pursuant to subsection e. of this section and approved by the department, during any program year by using credits.
i. (Deleted by amendment, P.L.2008, c.130)
j. (Deleted by amendment, P.L.2008, c.130)
k. Nothing in P.L.2007, c.347 (C.13:1E-99.94 et seq.) is intended to exempt any person from liability the person would otherwise have under applicable law.
l. (Deleted by amendment, P.L.2016, c.87)
m. The department may allow a group plan administrator to fulfill a manufacturer's responsibilities on its behalf under this section, including registration, payment of registration fees, and submission of plans. If a group plan administrator collects, transports, and recycles covered electronic devices in excess of the total combined market share in weight obligation for the manufacturers under contract with that group plan administrator, the group plan administrator may sell credits, or apply credits to the following year's obligation, as provided in subsection h. of this section. The provisions of this subsection shall not relieve any manufacturer of its obligations under P.L.2007, c.347 (C.13:1E-99.94 et seq.). If a group plan administrator fails to fulfill a manufacturer's responsibilities on its behalf, the department may take enforcement action against the manufacturer.
n. A registered manufacturer shall inform the department, in writing, as soon as it becomes aware that it will cease selling covered electronic devices in the State.
L.2007, c.347, s.10; amended 2008, c.130, s.8; 2012, c.79, s.5; 2016, c.87, s.4.