CHAPTER 7. DEPARTMENT DUTIES
IC 13-20.5-7
Chapter 7. Department Duties
IC 13-20.5-7-1
Department adoption of forms and procedures
Sec. 1. (a) The department shall:
(1) subject to subsection (b), adopt forms for use by
manufacturers, collectors, and recyclers for all registration
statements, certifications, and reports required by this article;
and
(2) establish procedures for:
(A) receipt and maintenance of the registration statements
and certifications filed with the department under
IC 13-20.5-1; and
(B) making the statements and certifications easily available
to manufacturers, retailers, and the public.
(b) The department is not required to adopt forms under
subsection (a) by rule.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-7-2
Department calculation of estimated sales of video display devices
Sec. 2. Before June 1, 2010, and before June 1 of each year
thereafter, the department shall calculate estimated sales of video
display devices sold to households by each manufacturer during the
immediately preceding calendar year, based on national sales data.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-7-3
Recommendations to reduce revenue if revenue exceeds
requirements
Sec. 3. If the revenues in the electronic waste fund established by
IC 13-20.5-2-3 exceed the amount that the department determines is
necessary for efficient and effective administration of this article, the
department shall recommend to the general assembly in a report
submitted in an electronic format under IC 5-14-6 that:
(1) the registration fee under IC 13-20.5-2-1(a); or
(2) the proportion of sales of video display devices required to
be recycled under IC 13-20.5-4-1;
be lowered to reduce revenues collected in the subsequent state fiscal
year by the estimated amount of the excess.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-7-4
Department report on program implementation
Sec. 4. (a) Before August 1, 2013, and before August 1 of each
year thereafter, the department shall submit a report concerning the
implementation of this article to:
(1) the general assembly in an electronic format under
IC 5-14-6;
(2) the governor;
(3) the environmental quality service council established by
IC 13-13-7-1; and
(4) the Indiana recycling market development board established
by IC 4-23-5.5-2.
(b) For each state fiscal year, the report submitted under
subsection (a):
(1) must discuss the total weight of covered electronic devices
recycled in the state fiscal year and a summary of information
in the reports submitted by manufacturers and recyclers under
IC 13-20.5-3;
(2) must discuss the various collection programs used by
manufacturers to collect covered electronic devices, information
regarding covered electronic devices that are being collected by
persons other than registered manufacturers, collectors, and
recyclers, and information about covered electronic devices, if
any, being disposed of in landfills in Indiana;
(3) must include a description of enforcement actions under this
article during the state fiscal year; and
(4) may include other information received by the department
regarding the implementation of this article.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-7-5
Department public education and outreach
Sec. 5. The department shall promote public participation in the
activities implemented under this article through public education
and outreach efforts.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-7-6
Department collection of data and use to determine fee
Sec. 6. (a) The department shall collect the data submitted to it
annually by each registered manufacturer on:
(1) the total weight in pounds of each specific model of video
display device sold to households, if provided;
(2) the total weight in pounds of video display devices sold to
households;
(3) the total weight in pounds of covered electronic devices
collected from covered entities that are recycled; and
(4) data on recycling credits, as required under IC 13-20.5-3-1.
(b) The department shall use the data described in subsection (a)
to determine the manufacturer's variable recycling fee under the
formula in IC 13-20.5-2-1.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-7-7
Department estimation of sales; use of data to verify fee
Sec. 7. The department shall estimate, for each registered
manufacturer, the sales of video display devices to households during
each calendar year, based on:
(1) data provided by a manufacturer on sales of video display
devices to households, including documentation describing how
that amount was calculated and certification that the amount is
accurate; or
(2) if a manufacturer does not provide the data specified in
subdivision (1), national data on sales of video display devices.
The department shall use the data specified in this section to review
the determination of each manufacturer's variable recycling fee to
ensure that the fee was calculated accurately according to the
formula in IC 13-20.5-2-1.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-7-8
Department may participate in organizations and compacts
Sec. 8. The department may participate in or join a regional
multistate organization or compact to assist in implementing this
article.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-7-9
Department evaluation of national program and regional
agreement
Sec. 9. If a national electronic waste program is implemented that
is similar to the program established under this article, the
department shall review, evaluate, and compare the national
program, the program established under this article, and any regional
agreement the department has entered into under section 8 of this
chapter.
As added by P.L.178-2009, SEC.27.