N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 368-3.6 - Manufacturer credits and surcharges

(a) Electronic waste acceptance credits. If a manufacturer accepts more electronic waste than its acceptance standard for the calendar year, then the excess weight may be used as electronic waste acceptance credits and may be sold, traded, or banked for up to three calendar years following the year in which the credits were earned.

(1) Each pound of excess electronic waste collected will be equivalent to one credit. Fractions of pounds will be rounded to the nearest whole number.

(2) Credit transactions must be reported to the department in the manufacturer's annual report.

(3) A credit must not be used, purchased, or sold to satisfy an acceptance standard in the same calendar year in which the credit was generated.

(4) No more than 25 percent of a manufacturer's acceptance standard for any calendar year may be satisfied with credits generated in any prior calendar year.

(5) A credit purchased by a manufacturer in a calendar year must be applied to that calendar year's acceptance standard and must not be used to meet subsequent years' obligations.

(6) A credit may only be used to meet a shortfall in electronic waste acceptance and must not be applied in excess of a manufacturer's acceptance standard.

(b) Recycling surcharge. A manufacturer that fails to meet its acceptance standard for the previous calendar year as required by section 368-3.3 of this Subpart, is subject to a recycling surcharge.

(1) The recycling surcharge will be determined by the department as follows:

(i) If a manufacturer accepts at least 90 percent but less than 100 percent of its acceptance standard, the surcharge is 30 cents multiplied by the number of additional pounds of electronic waste that should have been accepted by the manufacturer.

(ii) If a manufacturer accepts at least 50 percent but less than 90 percent of its acceptance standard, the surcharge is 40 cents multiplied by the number of additional pounds of electronic waste that should have been accepted by the manufacturer.

(iii) If a manufacturer accepts less than 50 percent of its acceptance standard, the surcharge is 50 cents multiplied by the number of additional pounds of electronic waste that should have been accepted by the manufacturer.

(2) The department will invoice a manufacturer for any surcharge owed. Payment is due within 30 days of the date of the invoice.

(3) The department may waive a recycling surcharge if the manufacturer demonstrates it used its best efforts to comply but was unable to meet its acceptance standard for the previous calendar year.

(i) A surcharge waiver application must be submitted to the department by March 1st, for the previous calendar year, on a form prescribed by the department. The surcharge waiver application form must include, but is not limited to:

'(a)' details of the acceptance methods provided by the manufacturer's acceptance program;

'(b)' a description of the actions taken by the manufacturer to track and forecast electronic waste collection;

'(c)' a description of any actions taken by the manufacturer during the year to increase electronic waste collection; and

'(d)' a description of any actions taken by the manufacturer to improve the acceptance program's public education and outreach.

(ii) If the surcharge waiver application is denied by the department, any surcharge due must be paid within 30 days of the manufacturer's receipt of the department's denial.

(iii) A surcharge waiver provided pursuant to this section does not relieve a manufacturer from the obligation to comply with the provisions of this Subpart, except for the payment of a recycling surcharge.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.6

Adopted New York State Register February 23, 2022/Volume XLIV, Issue 08, eff. 3/10/2022