A. The Department of Environmental Quality shall assist in educating consumers about collection and recovery of covered devices. This shall include hosting, or designating another person to host, a web site for consumers about the collection and recovery of covered devices. The web site shall provide information about and links to manufacturers’ collection and recovery information, including their recovery plans, and information about and links to information for covered devices, including information about collection events, collection sites, and community recycling programs. Inclusion on such web site is not a determination by the state that the manufacturer’s recovery plan or practices are in compliance with this act or other laws.

B. The Department shall maintain and make available:

1. A list of registered manufacturers who have adopted and implemented a recovery plan, as required by this act; and

2. A separate list of manufacturers whose registered recovery plan permits consumers to return for collection and recovery other manufacturers’ brands of covered devices, including orphan devices. Manufacturers shall be included on this list of beyond-brand collection plans if such plan:

a.provides recycling grants or collection events for covered devices other than that manufacturer’s covered devices,

b.requires a consumer who purchases a new covered electronic device from the manufacturer to return another manufacturer’s branded covered device, in which case the manufacturer may require the consumer to pay for transportation or shipping, or

c.provides for use of other collection or recovery methods that are approved by the Department.

C. The Department shall file each recovery plan and annual report submitted by a manufacturer. The Department shall make recovery plans and annual reports available to the public pursuant to the Oklahoma Open Records Act.

D. The Department shall produce a schedule of collection events, based on the manufacturers’ submitted recovery plans.

E. The Department shall by July 1 of each year produce and submit to the Governor, the President Pro Tempore of the Senate and Speaker of the House of Representatives a summary of the recovery program annual reports filed by the manufacturers.

F. The Department may conduct audits and inspections to determine compliance with the provisions of this act and take enforcement action against any manufacturer, retailer, or recoverer for failure to comply with any provisions of this act.

G. In addition to any other remedies provided by law, the Department may assess a penalty of up to One Thousand Dollars ($1,000.00) for the first violation, and up to Five Thousand Dollars ($5,000.00) for the second and each subsequent violation, against any manufacturer who fails to label its covered devices or to adopt and implement a recovery plan as required by this act.

H. The Environmental Quality Board may promulgate rules necessary to implement the provisions of this act, including the adoption of fees pursuant to the provisions of Section 2-3-402 of Title 27A of the Oklahoma Statutes as necessary to cover the costs of administering the program. The Board may adopt by reference standards developed by the Institute of Scrap Recycling Industries, Inc., or other recognized practices, procedures or standards.

Added by Laws 2008, c. 164, § 7, eff. Jan. 1, 2009.