06-096 C.M.R. ch. 415, § 3 - Operational standards

A. Required handling.Consolidators shall manage the handling, transportation, and recycling of covered electronic devices, and shall bill each manufacturer for the manufacturer's recycling share as determined by the Department in accordance with section 2(D) of this chapter for each covered electronic device type for which that manufacturer is responsible.

B. Handling, transport and recordkeeping requirements

(1) All handling, transport and recordkeeping shall be performed in accordance with 06-096 CMR chapter 858, Universal Waste.

(2) A consolidator shall determine a total net weight of each covered electronic device type identified at receipt as generated by a covered entity in Maine.

(3) Costs associated with the handling, transportation, and recycling of covered electronic devices not clearly identified as generated by covered entities are the responsibility of the entity that delivers, or causes to be delivered, the covered electronic device to the consolidator.

NOTE: Maine law at 38 M.R.S. §1610(5) (A-1) prohibits a covered entity from delivering more than seven covered electronic devices at one time to a municipally-designated collection site or consolidator collection event unless the collection site or consolidator is willing to accept them.

(4) The consolidator shall establish and implement procedures for clearly distinguishing and tracking covered electronic devices from covered entities separately from electronic waste generated by non-covered entities.

(5) The consolidator shall transport all covered electronic devices only to qualified recycling and dismantling facilities.

(6) When provided with at least 24 hours' notice, the consolidator must allow on-site audit reviews by manufacturers during normal business hours of Monday - Friday from 9:00 a.m. to 4:00 p.m. to evaluate the consolidator's operations in relation to Maine's E-waste Law and this chapter, and to check the systems that ensure the validity of data provided to the manufacturer and the Department.

NOTE: A manufacturer may provide the Department with the results of any audit it performs. The Department may use this information to target unannounced inspections to determine compliance with applicable Maine laws and rules.

(7) A consolidator must maintain, for a minimum of three years, a copy of the certifications of compliance with the environmentally sound management guidelines contained in Appendix A from each recycling and dismantling facility that receives covered electronic devices from the consolidator and must provide the Department with a copy of these records within 24 hours of its request.

C. Billing.Consolidators and manufacturers shall work cooperatively to ensure implementation of a practical and feasible billing system. At a minimum, a consolidator shall invoice a manufacturer for the allowable costs incurred by the consolidator and associated with the handling, transportation, and recycling of covered electronic devices for which each manufacturer is responsible under the provisions of this chapter in conformance with its most recent fee schedule submitted to and approved by the Department. A consolidator shall bill each manufacturer monthly for its recycling share of the appropriate waste stream, except that a consolidator may bill a manufacturer quarterly whenever monthly billing on average would result in invoicing for less than $100.

(1) At a minimum, each bill submitted by a consolidator to a manufacturer must include the following information:

(a) Total weight for each covered electronic device type generated by covered entities and managed by the consolidator during the billing term;

(b) Total cost per pound billed; and

(c) Total amount due from the manufacturer, which equals:

W x S x C

Where:

W = the total weight of the covered electronic device type managed by the consolidator during the billing term,

S = the manufacturer's recycling share for the calendar year for that waste stream, and

C = cost per pound for management services provided.

(2) Manufacturers may request additional information from consolidators at their discretion, provided that obtaining the requested information does not pose an unreasonable operating burden on the consolidator. The manufacturer shall pay the cost of obtaining and transmitting additional information to that manufacturer, including any costs incurred in meeting manufacturer audit requirements. The consolidator must provide the manufacturer with documentation of the cost of fulfilling the additional information request by the manufacturer.

(3) A manufacturer shall pay all bills received from approved consolidators and generated in conformance with this chapter, including invoices for work performed on the manufacturer's behalf prior to a consolidator's cessation of services under sections 2(A) and 3(G) of this chapter.

(4) A consolidator may notify the Department whenever a manufacturer fails to meet its obligation to reimburse the consolidator for allowable costs within 90 days of receipt of an invoice and the consolidator and manufacturer have not agreed upon an alternative payment schedule.

D. Insurance requirement.A consolidator shall maintain 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.

E. Reporting requirements

(1) By April 1 and October 1 each year, a consolidator shall submit a semi-annual report to the Department covering operations from the previous July 1 to December 31 and January 1 to June 30 respectively. These reports must include at a minimum:

(a) Updates to any information submitted under the provisions of sections 2(A) and 2(B) of this chapter;

(b) An arrative summary of the facility's activities related to consolidation of covered electronic devices; and

(c) An accounting consistent with section 3(A) of this chapter, by numbers and weight for the covered electronic devices handled in the applicable time frame.

(2) Upon request, the consolidator must provide the Department with all records and reports necessary to determine compliance with Maine's E-waste Law and this chapter.

F. Notification of cessation of services.At least 30 days prior to ceasing operations as a consolidation facility in any of the geographic service areas indicated as served in the consolidator's documents submitted under the provisions of section 2(B) of this chapter, an approved consolidator must provide the Department notice of intent to cease operations for purposes of managing covered electronic devices.

Notes

06-096 C.M.R. ch. 415, § 3