Revised Code of Washington - RCW Title 70 Public Health And Safety - Chapter 70.95N Electronic Product Recycling

  • 70.95N.010 Findings
    The legislature finds that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic products must be established. The ...
  • 70.95N.020 Definitions
    The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the Washington materials management and financing authority ...
  • 70.95N.030 Manufacturer participation
    (1) A manufacturer must participate in an independent plan or the standard plan to implement and finance the collection, transportation, and recycling of covered electronic ...
  • 70.95N.040 Manufacturer registration
    (1) By January 1, 2007, and annually thereafter, each manufacturer must register with the department. (2) A manufacturer must submit to the department with each ...
  • 70.95N.050 Independent plan requirements
    (1) A manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains department approval for an independent plan for the ...
  • 70.95N.060 Standard, independent plan requirements -- Fees to be set by the department -- Acceptance or rejection by department
    (1) All initial independent plans and the initial standard plan required under RCW 70.95N.050 must be submitted to the department by February 1, 2008. The ...
  • 70.95N.070 Plan updates -- Revised plan
    (1) An independent plan and the standard plan must be updated at least every five years and as required in (a) and (b) of this ...
  • 70.95N.080 Independent plan participants changing to standard plan
    (1) A manufacturer participating in an independent plan may join the standard plan by notifying the authority and the department of its intention at least ...
  • 70.95N.090 Collection services
    (1) A program must provide collection services for covered electronic products of all product types that are reasonably convenient and available to all citizens of ...
  • 70.95N.100 Successor duties
    Any person acquiring a manufacturer, or who has acquired a manufacturer, shall have all responsibility for the acquired company's covered electronic products, including covered electronic ...
  • 70.95N.110 Covered electronic sampling
    (1) An independent plan and the standard plan must implement and finance an auditable, statistically significant sampling of covered electronic products entering its program every ...
  • 70.95N.120 Promotion of covered product recycling
    (1) An independent plan and the standard plan must inform covered entities about where and how to reuse and recycle their covered electronic products at ...
  • 70.95N.130 Electronic products recycling account
    (1) The electronic products recycling account is created in the custody of the state treasurer. All payments resulting from plans not reaching their equivalent share, ...
  • 70.95N.140 Annual reports
    (1) By March 1st of the second program year and each program year thereafter, the authority and each authorized party shall file with the department ...
  • 70.95N.150 Nonprofit charitable organizations -- Report
    Nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are ...
  • 70.95N.160 Electronic products for sale must include manufacturer's brand
    (1) Beginning January 1, 2007, no person may sell or offer for sale an electronic product to any person in the state unless the electronic ...
  • 70.95N.170 Sale of covered electronic products
    No person may sell or offer for sale a covered electronic product to any person in this state unless the manufacturer of the covered electronic ...
  • 70.95N.180 Department web site
    (1) The department shall maintain on its web site the following information: (a) The names of the manufacturers and the manufacturer's brands that are registered ...
  • 70.95N.190 Return share calculation
    (1) The department shall determine the return share for each manufacturer in the standard plan or an independent plan by dividing the weight of covered ...
  • 70.95N.200 Equivalent share calculation -- Notice to manufacturers -- Billing parties that do not meet their plan's equivalent share -- Payments to parties that exceed their plan's equivalent share -- Nonprofit charitable organizations
    (1) The department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the return share ...
  • 70.95N.210 Preliminary return share -- Notice -- Challenges -- Final return share
    (1) By June 1, 2007, the department shall notify each manufacturer of its preliminary return share of covered electronic products for the first program year. ...
  • 70.95N.220 Covered electronic products collected during a program year -- Payment per pound under, over equivalent share
    (1) For an independent plan and the standard plan, if the total weight in pounds of covered electronic products collected during a program year is ...
  • 70.95N.230 Rules -- Fees -- Reports
    (1) The department shall adopt rules to determine the process for manufacturers to change plans under RCW 70.95N.080. (2) The department shall establish annual registration ...
  • 70.95N.240 Collector, transporter, processor registration
    (1) Each collector and transporter of covered electronic products in the state must register annually with the department. The registration must include all identification requirements ...
  • 70.95N.250 Processors to comply with performance standards for environmentally sound management -- Rules
    (1) The authority and each authorized party shall ensure that each processor used directly by the authority or the authorized party to fulfill the requirements ...
  • 70.95N.260 Selling covered electronic products without participating in an approved plan prohibited -- Written warning -- Penalty -- Failure to comply with manufacturer registration requirements
    (1) No manufacturer may sell or offer for sale a covered electronic product in or into the state unless the manufacturer of the covered electronic ...
  • 70.95N.270 Reports
    (1) By December 31, 2012, the department shall provide a report to the appropriate committees of the legislature that includes the following information: (a) For ...
  • 70.95N.280 Materials management and financing authority
    (1) The Washington materials management and financing authority is established as a public body corporate and politic, constituting an instrumentality of the state of Washington ...
  • 70.95N.290 Board of directors of the authority
    (1)(a) The authority is governed by a board of directors. The board of directors is comprised of eleven participating manufacturers, appointed by the director of ...
  • 70.95N.300 Manufacturers to pay their apportioned share of administrative and operational costs -- Performance bonds -- Dispute arbitration
    (1) Manufacturers participating in the standard plan shall pay the authority to cover all administrative and operational costs associated with the collection, transportation, and recycling ...
  • 70.95N.310 Authority use of funds
    (1) The authority shall use any funds legally available to it for any purpose specifically authorized by this chapter to: (a) Contract and pay for ...
  • 70.95N.320 General operating plan
    (1) The board shall adopt a general operating plan of procedures for the authority. The board shall also adopt operating procedures for collecting funds from ...
  • 70.95N.330 Authority employees -- Initial staff support -- Authority powers
    (1) The authority shall employ a chief executive officer, appointed by the board, and a chief financial officer, as well as professional, technical, and support ...
  • 70.95N.340 Federal preemption
    This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and ...
  • 70.95N.900 Construction -- 2006 c 183
    This act must be liberally construed to carry out its purposes and objectives.[2006 c 183 § 38.] ...
  • 70.95N.901 Severability -- 2006 c 183
    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...
  • 70.95N.902 Effective date -- 2006 c 183
    This act takes effect July 1, 2006.[2006 c 183 § 40.] ...

Last modified: April 7, 2009