A.
Consolidator approval
process.To be eligible to receive reimbursement from manufacturers for
the handling, transportation, and recycling of covered electronic devices
generated as waste by covered entities in Maine, a consolidator must be
approved by the Department. By October 1 each year, a consolidator may submit
information to the Department to demonstrate that it meets the criteria for
approval to offer handling, transportation, and recycling services for covered
electronic devices from Maine covered entities and to receive reimbursement
from manufacturers. The Department shall approve annually a group of up to 10
consolidators. The Department's approval shall be for a period of one year.
(1) The Department shall include in the
approved group consolidators that:
(a)
Provide adequate demonstration that they have the ability to operate in
conformance with this chapter and Maine's E-waste Law;
(b) Submit the lowest cost schedules, with
overall consolidator costs for handling, transportation to a recycling and
dismantling facility, and recycling not to exceed $0.48 per pound for covered
electronic devices; and
(c) When
considered in aggregate, ensure that geographically convenient consolidation
services are provided throughout the state.
The Department will make the current list of approved
consolidators available through its website, and, upon request, in
writing.
(2) An
approved consolidator must submit updated information to the Department when
there are any changes to the information included in the consolidator's
application under section 2(B) of this chapter.
(3) The Department may request updated
information from any approved consolidator regarding changes in any of the
information provided to the Department under section 2(B) of this
chapter.
(4) The Department may
remove a consolidator from the approved list when violations of Maine's
environmental laws are adjudicated or otherwise resolved, when violations of
the laws of the United States Environmental Protection Agency or of any
jurisdiction where electronic waste from Maine is processed are adjudicated or
otherwise resolved, or when the Department determines that inaccurate
information has been provided by a consolidator to the Department and the
consolidator cannot cure the inaccuracy within 30 days of notice or an
alternative timeframe approved by the Department.
(5) Any approval issued to a consolidator by
the Department may contain any conditions the Department deems necessary to
ensure compliance with this chapter and
38 M.R.S.
§1610.
(6) Effective August 1, 2018 - December 31,
2018, approved consolidators shall amend their cost schedules approved for
implementation beginning January 1, 2018 as follows:
(a) Remove costs related to "Option 1"
handling; and
(b) Reduce the per
pound cost for recycling of video display devices other than televisions by
$0.0
3 per pound, and for recycling of
desktop printers by $0.01 per pound.
B.
Application requirements.To
be approved to receive reimbursement from manufacturers for the handling,
transportation, and recycling of covered electronic devices from covered
entities, the consolidator shall submit to the Department a completed
application, using forms developed by the Department, that includes at a
minimum the following information:
(1) A
description of the company's qualifications and experience in managing covered
electronic devices and other universal wastes.
(2) Evidence of the company's technical
ability to comply with the consolidator responsibilities in Maine's E-waste
Law,
38 M.R.S.
§1610(5)(B).
(3) A listing and explanation of any
adjudicated civil violations and criminal convictions, and administrative
agreements or consent decrees or administrative orders, for violations of any
applicable state or federal laws.
(4) A copy of the company's standard
operating procedures for managing covered electronic devices, including
procedures to track covered electronic devices that are identified at receipt
as having been generated by a covered entity, and to implement the operational
standards in section 3 of this chapter. This must include the identification of
the electronic waste dismantling and recycling facilities that may be utilized
by the consolidator, as well as information on the commodity materials
generated by these facilities.
(5)
A description of the company's consolidation capacity, including the location
and description of consolidation facilities and geographic service area(s)
served.
(6) A description and
disclosure of all of the company's business relationships with electronic waste
recycling and dismantling facilities and electronics manufacturers, including
ownership interest in any electronic waste recycling and dismantling facilities
or related companies, exclusive of any contractual relationships entered into
to meet the requirements of this chapter.
(7) Evidence of financial capacity sufficient
to operate in compliance with this chapter and Maine's E-waste Law.
(8) A fee schedule for the next calendar year
of allowable costs to be billed to the responsible manufacturers for each
geographic service area served by the company. The proposed fees shall be
expressed as the price per pound.
Costs for transportation must be based on transporting an
average load of 16,000 pounds.
(9) Evidence of commercial general liability
insurance or equivalent corporate guarantee for accidents and other emergencies
with limits of not less than $1,000,000 per occurrence and $2,000,000
aggregate.
C.
Allowable costs
(1) Each
consolidator shall bill a manufacturer in accordance with their most recent fee
schedule as submitted to and approved by the Department for allowable costs
associated with the handling, transportation, and recycling of covered
electronic devices generated by covered entities.
(2) The only costs that a consolidator may
bill to manufacturers are those associated with managing covered electronic
devices in conformance with this chapter, unless otherwise contracted by the
manufacturer.
(3) Allowable
handling, transportation and recycling costs are those costs that are directly
incurred by the consolidator and that are associated with meeting the
requirements of this chapter for covered electronic devices, including but not
limited to:
(a) Providing transport from
geographically convenient collection sites, at a per pound rate assuming an
average load of 16,000 pounds;
(b)
Accounting, by total weight of each covered electronic device type, and
collection of other information as required in sections
3(C)(1) and
3(C)(2) of this
chapter;
(c) Storing, loading, and
unloading;
(d) Packaging for
transport;
(e) Transportation and
tracking of covered electronic devices to a qualified recycling and dismantling
facility;
(f) Billing,
record-keeping, and reporting as required by section
3 of this chapter;
(g) A reasonable rate of profit or return on
investment; and
(h) Costs billed to
the consolidator by a qualified recycling and dismantling facility for
recycling.
(4) Costs
associated with gathering and providing additional information not required by
this chapter are not allowable costs. These additional costs must be borne by
each manufacturer that requests these services by arrangement between the
manufacturer and consolidator.
D.
Department determination of
recycling share responsibilities
(1)
The Department shall determine recycling shares by covered electronic device
type. For a minimum of two years after the effective date of this rule, the
Department shall delineate covered electronic device types to be televisions,
video game consoles, desktop printers, and all other covered electronic
devices.
(2) Based on readily
available national market share data, the Department shall use the formula R=
A/T to calculate the recycling shares for each manufacturer, where:
R = recycling share for a given device type,
A = pounds of the device type marketed by a manufacturer,
adjusted in accordance with paragraph (3), and
T = total of adjusted pounds (A) of the device type marketed
by current manufacturers with more than a de minimis
share.
(3) In calculating a
manufacturer's recycling share for a covered electronic device type, the
Department shall adjust that manufacturer's total pounds of that covered
electronic device type marketed nationally by subtracting: 15% of that
manufacturer's nationally marketed weight of that covered electronic device
type that qualifies for the Electronic Product Environmental Assessment Tool
(EPEAT) gold standard; 10% of that manufacturer's nationally marketed weight of
that covered electronic device type that qualifies for the EPEAT silver
standard; and 5% of that manufacturer's nationally marketed weight of that
covered electronic device type that qualifies for the EPEAT bronze standard. To
receive this credit, the manufacturer must provide documentation to the
Department of its annual sales of EPEAT-certified devices, and any additional
data as requested by the Department to verify the self-reported sales data.
In calculating a manufacturer's recycling share for a covered
electronic device type, the Department shall reduce that manufacturer's total
pounds of that covered electronic device type marketed nationally by the total
weight of the covered electronic device type collected from covered entities in
Maine and recycled through a manufacturer-run takeback program. To receive this
credit, the manufacturer shall provide sufficient documentation to the
Department to demonstrate: the number of units and pounds of each product type
collected and sent for recycling, including a breakout of the amount sent for
refurbishment or an estimate of pounds refurbished; the pounds collected are
covered electronic devices generated as waste by covered entities; the program
is provided at no cost to covered entities; the devices are recycled in
accordance with the definition of recycling in this chapter; and electronics
recycling is performed in an environmentally responsible manner. Manufacturers
may receive credit for pounds refurbished through a manufacturer-run takeback
program by a recycler without R2 certification if the manufacturer provides
documentation to demonstrate that the recycler meets or exceeds R2 standards
and that the manufacturer provides auditing at least equivalent to that
provided as part of R2 certification. Sufficient documentation includes, but is
not limited to: a description of the manufacturer's collection program,
including collection locations and procedures for limiting collection to
covered entities; material flow diagrams showing the movement of materials; a
description of data collection procedures for tracking recycling and
refurbishment, including an explanation of the manner of arriving at any
estimates of refurbishment; and evidence that the electronics recyclers meet
the standards in Appendix A.
To receive credit, a manufacturer must include the
documentation required under this section with its annual registration under
38 M.R.S.
§1610(6-A).
(4) If the Department determines that a
manufacturer is responsible for a de minimis share of a waste
stream based on readily available national market share data adjusted by design
incentives and qualifying pounds collected, the Department may identify that
manufacturer as not responsible for a recycling share of that waste stream. In
no instance shall the Department determine that any manufacturer with greater
than 0.1% adjusted market share has a de minimis share for
purposes of allocating recycling shares.
(5) Annually by December 1, the Department
shall provide manufacturers and approved consolidators with a schedule of each
manufacturer's recycling share effective for the following calendar year. When
a manufacturer with a recycling share exits the market during any calendar
year, the Department shall recalculate and distribute new recycling shares for
that calendar year to affected manufacturers and approved consolidators.
E.
Consolidator
and manufacturer arrangements.Manufacturers may establish arrangements
with approved consolidators to facilitate implementation of this chapter. Those
arrangements may include billing arrangements that are consistent with this
chapter.
