Section effective until December 31, 2029.
(A) For program year 2023 and each year thereafter, no television manufacturer or computer monitor manufacturer shall sell or offer for sale a covered television device or covered computer monitor device in this State unless the television manufacturer or computer monitor manufacturer offers a manufacturer electronic waste program to transport and recycle, consistent with the requirements of this chapter, covered television devices and covered computer monitor devices collected at, and prepared for transport from, the program collection sites, and one-day collection events included in the program during the program year.
(B) A manufacturer can satisfy the requirements of this section either individually or collectively as part of a manufacturer clearinghouse.
(C) Each manufacturer electronic waste program must ensure the following, at a minimum:
(1) satisfaction of the convenience standard described in Section 48-60-56;
(2) instructions for counties and solid waste authorities serving one or more counties to file notice to participate in the program;
(3) transportation and subsequent recycling of the covered television devices and covered computer monitor devices collected at, and prepared for transport from, the program collection sites and one-day collection events included in the program during the program year; and
(4) submission of a report to the department by March 1, 2024, and by March first each year thereafter, which reports:
(a) the total weight of all covered devices transported from program collection sites and one-day collection events statewide during the preceding program year by category of device;
(b) the total weight of all covered devices transported from program collection sites and one-day collection events in each county in the State during the preceding program year by category of device.
(D) Each manufacturer electronic waste program shall make the instructions required pursuant to subsection (C)(2) available on its website within thirty days of the effective date of the act or no later than July 1, 2022, and the program shall provide a hyperlink to the website to the department for posting on the department's website.
(E) Nothing in this chapter prevents a manufacturer from accepting, through its recovery program, covered television devices and covered computer monitor devices collected through a curbside or drop-off collection program that is operated pursuant to a residential collection agreement between a third party and a unit of local government located within a county or solid waste authority serving one or more counties that has elected to participate in a manufacturer electronic waste program.
(F) Manufacturers of covered television devices and covered computer monitor devices are not financially responsible for transporting and consolidating covered devices collected from a collection program's drop-off location. Any drop-off location operating in program year 2023 or in subsequent years must be identified by the county or solid waste authority serving one or more counties in the annual written notice of election to participate in a manufacturer electronic waste program in accordance with Section 48-60-57 to be eligible for the subsequent program year.
(G) As part of their annual registration, a television or computer monitor manufacturer shall provide to the department the total weight of the manufacturer's covered television devices or covered computer monitor devices sold at retail in the United States and the total weight of covered devices collected and recycled in the State during the previous program year. A manufacturer's weight sold data is proprietary information of the manufacturer and may be shared with a manufacture clearinghouse.
HISTORY: 2022 Act No. 234 (H.4775), Section 1.A, eff June 17, 2022.
Editor's Note
2022 Act No. 234, Section 1.B, provides as follows:
"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Section 48-60-05. Short title.
Section 48-60-10. Legislative findings.
Section 48-60-20. Definitions.
Section 48-60-51. Electronic waste program.
Section 48-60-56. Collection sites for manufacturer electronic waste program.
Section 48-60-57. County and municipality participation in manufacturer electronic waste program.
Section 48-60-58. Annual submission of a manufacturer electronic waste program plan; requirements.
Section 48-60-60. Liability of computer, computer monitor, or television manufacturers.
Section 48-60-62. Liability of counties, solid waste authorities, and municipalities.
Section 48-60-70. Retailer sale requirements; exception.
Section 48-60-80. Liability of retailer.
Section 48-60-100. Department to provide information to the public.
Section 48-60-110. Audits and inspection by department.
Section 48-60-120. Exemptions from public disclosure.
Section 48-60-130. Annual solid waste report to contain information provided by manufacturers.
Section 48-60-140. Recovery of covered devices to comply with law; recoverer minimum compliance.
Section 48-60-150. Promulgation of regulations.
Section 48-60-160. Fees and fines for manufacturers; exemptions.
Section 48-60-170. Intent of chapter; immunity from liability.