Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-11-6 - Required Elements of a Manufacturer's Takeback Program6.1. A manufacturer's takeback program must meet the following requirements to be approved by the department: 6.1.1. The takeback program shall enable a consumer to recycle covered electronic devices without paying a separate recycling fee at the time of recycling or collection;6.1.2. The takeback program shall implement a method of collecting covered electronic devices that have reached the end of their useful lives and are labeled with the manufacturer's brand;6.1.3. The takeback program shall implement a method of recycling, refurbishing or reusing the covered electronic devices collected or provide evidence that the recyclable materials were delivered to an electronic device recycling market;6.1.4. The collection process of the covered electronic devices shall be reasonable, convenient, and available to the consumers of West Virginia and designed to meet the collection needs of those consumers.6.1.4.a. Convenient systems of collection include mail-in recycling at no charge to the consumer, drop off centers, or collection events;6.1.4.b. Manufacturers who use existing collection infrastructure for collecting covered electronic devices, such as public or private recycling centers and recycling organizations, or who establish a system of collection and recycling managed by a group of manufacturers, shall be deemed to meet the convenience requirement of this section.6.1.5. The takeback program shall include information for the consumer on how and where to return the manufacturers covered electronic devices.6.1.6. The takeback program shall include a method of maintaining a current and accurate record of all manufacturer's covered electronic devices collected and recycled or refurbished and reused.6.2. If more than one person is a manufacturer of a certain brand of covered electronic devices, any of those persons may assume responsibility for and satisfy the obligations of a manufacturer for that brand.6.3. A takeback program implemented with the use of state grant funds, whether wholly or in part, shall not be considered a takeback program implemented by a manufacturer.6.4. The department may require the takeback program to comply with any environmental management standards adopted, approved, or established by the United States Environmental Protection Agency that ensure safe and proper handling of electronic devices.