§ 23-24.10-12 - Department responsibility.
SECTION 23-24.10-12
§ 23-24.10-12 Department responsibility.– The department shall:
(a) By January 1, 2009, maintain and make available on itswebsite the following lists, which must be updated by the first day of eachmonth:
(1) A list of registered manufacturers and their brands;
(2) A list of brands for which no manufacturer hasregistered; and
(3) A list that identifies which manufacturers are incompliance with this chapter.
(b) Review and approve manufacturer plans that comply withthis chapter and are submitted annually by manufacturers choosing to implementa manufacturer program for recycling covered electronic products.
(c) Review and approve the corporation's plan as establishedby § 23-24.10-11.
(d) Review and adopt the return share and return share byweight for all manufacturers, except television manufacturers, for thefollowing year as determined by the corporation pursuant to § 23-24.10-11.The department shall review and adopt the market share for all televisionmanufacturers for the following year as determined by the corporation pursuantto § 23-24.10-11.
(e) By January 1 of each year, notify each manufacturer thathad a return share determined under § 23-24.10-11 its return share and itsreturn share by weight for the following year. By January 1 of each year,notify each television manufacturer that had a market share determined under§ 23-24.10-11 its market share for the following year.
(f) Review and adopt the recycling fee for all manufacturersas determined by the corporation pursuant to § 23-24.10-11.
(g) By January 1 of each year, the department shall notifyeach manufacturer that had a recycling fee determined under § 23-24.10-11of the amount of its recycling fee. By November 1 prior to the program year forwhich a revised cost per pound is to be used in accordance with the provisionsof § 23-24.10-11 the department shall notify all registered manufacturersof the revised cost per pound.
(h) Report biennially to the general assembly on theoperation of the statewide system for collection, transportation and recyclingof covered electronic products.
(i) Environmentally sound recycling and reuse. Thedepartment shall develop and adopt regulations no later than January 30, 2009to define environmentally sound recycling and reuse practices for themanufacturers' plans and the state program. These regulations will apply tocollectors, transporters, and processors, and should ensure that all theirdownstream vendors comply with all local, state, and federal regulations, andmust not violate laws in importing and transit countries when exportingenvironmentally sensitive materials throughout final disposition.
(j) Regulatory authority. The department may adoptsuch regulations as shall be necessary to implement the provisions of thischapter and may include exemptions from provisions of this chapter as deemedappropriate by the department.