N.J. Admin. Code § 7:26A-13.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26A-13.6 - Required contents of a collection plan; confidentiality

(a) A collection plan submitted in accordance with N.J.A.C. 7:26A-13.4 shall include the following:

1. The methods and services that will be used to collect used covered electronic devices, including, but not limited to:

i. The locations, including street addresses, of the collection sites to be utilized. The collection plan must provide for at least one collection site in every county in the State, unless the plan provides documentation that the county for which the plan does not provide collection coverage is already adequately covered by the collection plan of another manufacturer, group of manufacturers or other entity;

ii. Each collection site's hours of operation;

iii. A description of how each collection site will be staffed and secured;

iv. A listing of any limitations to be imposed on the quantity and type of material to be accepted, and whether any additional electronic equipment not required to be collected under the Electronic Waste Management Act will be accepted (for example, DVD players, VCRs, scanners, printers, or other computer and television peripherals and equipment);

v. A description of the collection methods to be utilized for consumers who are not physically able to travel to a collection site without assistance;

vi. A description of the collection methods to be employed for heavy (50 pounds in weight or heavier) or unwieldy covered electronic devices, including, but not limited to, flat screen televisions with screens greater than 40 inches measured diagonally and projection televisions;

vii. A description of how the collected covered electronic devices will be stored prior to transport to an authorized recycler;

viii. Certification that there will be no fee or cost charged a consumer for the collection, transportation or recycling of any covered electronic device other than a fee for a premium service provided for in an approved collection plan;

ix. An explanation of the extent to which, if any, there is coordination with county and municipal government recycling programs;

x. A description of the methods to be used to ensure that personal information contained on hard drives or similar data storage devices is secured from access by the general public and any untrained persons or employees; and

xi. Certification that each collector, transporter, or authorized recycler of covered electronic devices who is participating in a manufacturer's or group of manufacturers' approved collection plan is compliant with all applicable requirements of N.J.A.C. 7:26A-13.11;

2. The processes and methods that will be used to recycle collected covered electronic devices, including, but not limited to:

i. The name and location of each authorized recycler to which collected covered electronic devices will be transported. The collection plan must also include, for an authorized recycler located in a state other than New Jersey:

(1) A copy of the operating permit or approval issued by the state where the authorized recycler is located;

(2) Documentation that the facility is operating in accordance with all applicable rules and regulations; and

(3) A certification executed by the recycler stating that the recycler is aware of and has agreed to comply with the requirements of this subchapter;

ii. A description of the recycling processes that will be used by each authorized recycler identified in (a)2i above;

iii. The processes and methods that will be used, if any, to recycle collected covered electronic devices, other than televisions, that are the subject of any vendor-to-business purchaser recycling arrangements into which the manufacturer has entered; and

iv. Certification that no collected covered electronic device has been handled in a manner that would violate N.J.A.C. 7:26A-13.7(f);

3. A description of the means that will be utilized to publicize the collection services, including a website or toll-free telephone number that provides information about the manufacturer's recycling program in sufficient detail to inform a consumer how to return covered electronic devices for recycling, including any limitations placed by collectors on the number of covered electronic devices permitted for drop-off by consumers;

4. A detailed explanation of how the manufacturer intends to fulfill its obligation, through its own operations, either individually or with other registered covered electronic device manufacturers, or by contract with for-profit or not-for-profit corporations, or local government units, including a commitment to provide for the collection of all types and all brands of covered electronic devices, including orphan devices. This explanation shall include, at a minimum, the anticipated collection amounts for each collection site;

5. The following certification:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

The certification shall be signed as follows:

i. For a corporation, by a principal executive officer of at least the level of vice president; or

ii. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; and

6. Certification that each manufacturer that is party to the collection plan is in compliance with N.J.S.A. 13:1E-99.101, which prohibits the sale or offer for sale in New Jersey of a new covered electronic device that is prohibited from sale in the European Union based on the excessive presence of heavy metals in the product, unless the covered electronic device is exempted from this prohibition under N.J.S.A. 13:1E-99.1 11(2)(a). For any covered electronic device exempted under N.J.S.A. 13:1E-99.1 11(2)(a), the manufacturer will include certification that the covered electronic device would have been in compliance with European Union standards for heavy metals, but for the inclusion of a substance in order to comply with the consumer, health or safety requirements of the Underwriters Laboratories or Federal or State law.

(b) The Department will hold confidential any information obtained in connection with a collection plan submitted pursuant to (a) above, if the Department determines, based upon a showing by the manufacturer, that the information, if made public, would divulge competitive business information, methods or processes entitled to protection as trade secrets of the registered manufacturer. A manufacturer asserting confidentiality shall submit its claim by following the procedures at N.J.A.C. 7:26-17.3.

1. This provision is in addition to and shall not be deemed to limit any claims of confidentiality under the Open Public Records Act, N.J.S.A. 47:1A-1.1 et seq., or common law.

(c) If a manufacturer asserts a claim of confidentiality pursuant to N.J.A.C. 7:26-17.3 for any part of a collection plan, it must submit two copies of its collection plan - one that omits the confidential information, and includes only the information for which no claim of confidentiality is being made, and a second that includes all the required collection plan information, including the information for which a claim of confidentiality is being made. The manufacturer shall certify both of these submittals.

N.J. Admin. Code § 7:26A-13.6