§ 7552. Standard Electronic Waste Recycling Plan

(a) Standard Plan adoption. Beginning January 1, 2011, the Secretary shall adopt a plan for the collection and recycling of all electronic waste in the State. In developing the Plan, the Secretary shall evaluate existing electronic waste collection opportunities and services in each county to determine whether such opportunities and services are adequate. In making an adequacy determination, the Secretary shall consider the geography, population, and population density of each county. If, after completion of an adequacy review, the Secretary determines that the collection opportunities in a county are:

(1) Inadequate, the Secretary may require additional collection activities in that county. Additional collection activities may include additional collection facilities, collection events, or other collection activities identified by the Secretary as necessary to achieve the Statewide recycling goal. If the Secretary requires additional collection activities, the Secretary shall consider, as one of the criteria reviewed in selecting additional collection activities, the cost effectiveness of the additional collection activities in achieving the objective of convenient service.

(2) Adequate, and that additional collection opportunities are not required.

(b) Standard Plan minimum requirements. The Standard Plan shall:

(1) site at least three permanent facilities in each county for the collection of electronic waste from covered entities, unless the Secretary determines that existing or proposed collection opportunities are not required, but in no case shall the Secretary reduce the number of permanent facilities below one;

(2) site at least one permanent facility in each city or town with a population of 10,000 or greater for the collection of electronic waste from covered entities;

(3) require electronic waste collection facilities to accept electronic waste at no cost to covered entities;

(4) ensure that each recycler used in implementing the Plan complies with the recycling standards established under section 7559 of this title;

(5) ensure that during Plan implementation a public information and outreach effort takes place to inform consumers about how to recycle their electronic waste at the end of the product's life;

(6) require electronic waste collection facilities to be staffed, open on an ongoing basis, and open to the public at a frequency needed to meet the needs of the area being served;

(7) prohibit a collection facility from refusing to accept electronic waste delivered to the facility for recycling from a covered entity.

(c) Plan evaluation. The Secretary shall annually review and analyze the Standard Plan to determine if implementation of the Standard Plan achieves the statewide collection and recycling goal set forth under section 7555 of this title. The Secretary may modify the plan based upon the results of that review.

(d) Plan term. The Secretary shall revise and adopt the standard plan every five years.

(e) Public review and consultation. Prior to the approval or modification of the Standard Plan, the Agency shall make the proposed Standard Plan available for public review and comment for at least 30 days. The Agency shall consult with interested persons, including manufacturers, recyclers, collectors, retailers, solid waste districts, and environmental groups.

(f) Applicability. A collector, transporter, or recycler not included in a plan approved under this section or under a plan approved under section 7554 of this title shall not be subject to the requirements of this section or section 7554. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)