Dissolving an independent plan.
(1) If an independent plan does not represent five percent market share for two consecutive program years, ecology will dissolve the independent plan.
(2) After August 1 but prior to the start of the next program year, ecology will dissolve any independent plan that does not meet the independent plan criteria in WAC 173-900-310
(a) Ecology will send notice, via certified mail, informing all participants in the plan that they must join the standard plan and update their manufacturer registration form (see Part II, WAC 173-900-240
(b) If a manufacturer does not submit their updated registration form within fourteen days of receiving the notice, it is a registration violation (see WAC 173-900-255
) and ecology will follow the warning and penalty procedures in Part II, WAC 173-900-255
, and 173-900-270
of this chapter.
(3) If ecology determines that this change may significantly alter the program described in the standard plan, the authority must submit an updated plan to ecology (see WAC 173-900-335
[Statutory Authority: RCW 70.95N.230
. WSR 16-06-107 (Order 15-03), § 173-900-360, filed 3/1/16, effective 4/1/16. Statutory Authority: Chapters 70.95N
, 70.105, and 70.105D
RCW. WSR 07-21-013 (Order 07-05), § 173-900-360, filed 10/5/07, effective 11/5/07.]