Revised Code of Washington
Chapter 70A.500 - Electronic Product Recycling.
70A.500.050 - Independent plan requirements.

RCW 70A.500.050
Independent plan requirements.

(1) A manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains department approval for an independent plan for the collection, transportation, and recycling of unwanted electronic products.
(2) An independent plan may be submitted by an individual manufacturer or by a group of manufacturers, provided that:
(a) For program years 2009 through 2015, each independent plan represents at least a five percent return share of covered electronic products. For program year 2016 and all subsequent program years, each independent plan represents at least a five percent market share of covered electronic products; and
(b) No manufacturer may participate in an independent plan if it is a new entrant or a white box manufacturer.
(3) An individual manufacturer submitting an independent plan to the department is responsible for collecting, transporting, and recycling its equivalent share of covered electronic products.
(4)(a) Manufacturers collectively submitting an independent plan are responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer.
(b) Each group of manufacturers submitting an independent plan must designate a party authorized to file the plan with the department on their behalf. A letter of certification from each of the manufacturers designating the authorized party must be submitted to the department together with the plan.
(5) Each manufacturer in the standard plan or in an independent plan retains responsibility and liability under this chapter in the event that the plan fails to meet the manufacturer's obligations under this chapter.

[ 2013 c 305 § 3; 2006 c 183 § 5. Formerly RCW 70.95N.050.]
NOTES:

Effective date—2013 c 305: See note following RCW 70A.500.020.

Structure Revised Code of Washington

Revised Code of Washington

Title 70A - Environmental Health and Safety

Chapter 70A.500 - Electronic Product Recycling.

70A.500.010 - Findings.

70A.500.020 - Definitions.

70A.500.030 - Manufacturer participation.

70A.500.040 - Manufacturer registration.

70A.500.050 - Independent plan requirements.

70A.500.060 - Standard, independent plan requirements—Fees to be set by the department—Acceptance or rejection by department.

70A.500.070 - Plan updates—Revised plan.

70A.500.080 - Independent plan participants changing to standard plan.

70A.500.090 - Collection services.

70A.500.100 - Successor duties.

70A.500.110 - Covered electronic sampling.

70A.500.120 - Promotion of covered product recycling.

70A.500.130 - Electronic products recycling account.

70A.500.140 - Annual reports.

70A.500.150 - Nonprofit charitable organizations—Report.

70A.500.160 - Electronic products for sale must include manufacturer's brand.

70A.500.170 - Sale of covered electronic products.

70A.500.180 - Department website.

70A.500.190 - Return share calculation.

70A.500.200 - Equivalent share calculation—Notice to manufacturers—Billing parties that do not meet their plan's equivalent share—Payments to parties that exceed their plan's equivalent share—Nonprofit charitable organizations.

70A.500.210 - Preliminary return share—Notice—Challenges—Final return share.

70A.500.220 - Covered electronic products collected during a program year—Payment per pound under, over equivalent share.

70A.500.230 - Rules—Fees—Reports.

70A.500.240 - Collector, transporter, processor registration.

70A.500.250 - Processors to comply with performance standards for environmentally sound management—Rules.

70A.500.260 - Selling covered electronic products without participating in an approved plan prohibited—Written warning—Penalty—Failure to comply with manufacturer registration requirements.

70A.500.270 - Materials management and financing authority.

70A.500.280 - Board of directors of the authority.

70A.500.290 - Manufacturers to pay their apportioned share of administrative and operational costs—Performance bonds—Dispute arbitration.

70A.500.300 - Authority use of funds.

70A.500.310 - General operating plan.

70A.500.320 - Authority employees—Initial staff support—Authority powers.

70A.500.330 - Federal preemption.

70A.500.340 - Entity must be registered as a collector to act as a collector in a plan—Disposition of electronic products received by a registered collector—Recordkeeping requirements—Display of notice—Site visits.

70A.500.900 - Construction—2006 c 183.

70A.500.901 - Effective date—2006 c 183.