Effective Date of Rule: Thirty-one days after filing.

     Purpose: The rule adoption includes the following amendments to chapter 173-900 WAC:

•	Electronic product recycling plan content and submission requirements;
•	Performance standards for electronic product processors used directly by plan operators, collectors and transporters;
•	Recycling service level standards;
•	Reporting processes and requirements for plan operators, local governments, local communities, processors, collectors and transporters;
•	Registration requirements and process for processors;
•	Collector standards;
•	Process for establishing return share and equivalent share of responsibility for manufacturers;
•	A sampling methodology to be used by all plan operators to provide ecology data to establish return shares;
•	Requirements for the materials management and finance authority;
•	Warnings, penalties, and violations, associated with these requirements; and
•	Housekeeping changes to previously adopted sections of chapter 173-900 WAC including the repeal of WAC 173-900-040 and 173-900-050.
•	Other requirements necessary to implement chapter 70.95N RCW.

     The rule proposal includes the following amendments to chapter 173-303 WAC:

•	Amendments to include an exemption for cathode ray tubes (CRTs) in televisions and monitors from chapter 173-303 WAC if the requirements are met.

     Citation of Existing Rules Affected by this Order: Repealing WAC 173-900-040 and 173-900-050; and amending WAC 173-900-020, 173-900-030, 173-900-200, 173-900-210, 173-900-300, 173-900-600, 173-900-610, 173-900-620, 173-900-630, 173-303-040, and 173-303-071.

     Statutory Authority for Adoption: Chapter 70.95N RCW, Electronic produce recycling; chapter 70.105 RCW, Hazardous waste management; and chapter 70.105D RCW, Hazardous waste cleanup -- Model Toxics Control Act.

      Adopted under notice filed as WSR 07-15-037 on July 12, 2007.

     Changes Other than Editing from Proposed to Adopted Version: Changes other than editorial to chapter 173-900 WAC:

•	Performance standards for processors:

     Ecology was required to establish performance standards for electronic product processors directly used by plans. Changes between the draft and final rules language include clarifying language and a correction to comply with the law that the authority or authorized parties operating plans are responsible to assure compliance with the standards. Ecology is required to enforce on plan operators that use processors that are not in compliance with the standards rather that [than] enforcing directly on processors.

     Also within the standards, references to "reuse" as a waste management priority were removed in that there is no basis in chapters 70.95N or 70.95 RCW, Solid waste management recovery and recycling, to "reuse" as a waste management priority.

•	Collectors and Reuse:

     It was clarified that collectors can only sell for reuse whole functioning units or components. Only processors can sell parts for reuse. The definition of reuse in the law is "any operation by which an electronic product or a component of a covered electronic product changes ownership and is used for the same purpose for which it was originally purchased." References to "refurbishment" have been eliminated because the concept does not exist in the law.

     Changes made to chapter 173-303 WAC:

•	Changes made were only to clarify references within the rule and to capitalize titles.

     A final cost-benefit analysis is available by contacting Jay Shepard, Department of Ecology, Solid Waste and Financial Assistance Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7040, fax (360) 407-6102, e-mail WA-recycles-electronics@ecy.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 70, Amended 11, Repealed 2.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 70, Amended 11, Repealed 2.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 70, Amended 11, Repealed 2.

     Date Adopted: October 5, 2007.

Jay J. Manning

Director

OTS-9795.5

PART I

GENERAL REQUIREMENTS
AMENDATORY SECTION(Amending Order 06-07, filed 11/7/06, effective 12/8/06)

WAC 173-900-020   Applicability.   This chapter applies to:

     (1) Any manufacturer, as defined in this chapter.

     (2) The authority or authorized party for a covered electronic product (CEP) recycling plan.

     (3) Any person who collects ((or transports)) covered electronic products (CEPs) in Washington state for a CEP recycling plan approved under this chapter.

     (((3))) (4) Any person who transports covered electronic products (CEPs) in Washington state for a CEP recycling plan approved under this chapter.

     (5) Any person who directly processes covered electronic products (CEPs) for a CEP recycling plan approved under this chapter.

     (6) Any retailer that offers for sale or sells electronic products and covered electronic products (CEPs) in or into Washington state.

     (7) Any local government in Washington state.

     (8) Any nonprofit charitable organization that collects covered electronic products (CEPs) in Washington state.

     (9) Any household, charity, school district, small business, or small government (covered entities) in Washington state that wants to recycle unwanted covered electronic products (CEPs).

[Statutory Authority: Chapter 70.95N RCW. 06-23-040 (Order 06-07), § 173-900-020, filed 11/7/06, effective 12/8/06.]

     "Authorized party" means a manufacturer who submits an individual independent plan or the entity authorized to submit an independent plan for more than one manufacturer.

     "Board" means the board of directors of the Washington materials management and financing authority.

     "Brand" means a name used to identify an electronic product in the consumer marketplace which attributes the electronic product to the owner of the name as the manufacturer.

     "Brand label" typically includes but is not limited to name, logos, trademarks, and other visual elements including fonts, color schemes, shapes, symbols, and icons, which, when set in a special typeface or arranged in a particular way, differentiate electronic products by their manufacturers and brand owners.

     "Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.

     "Certified" means certified by signature on a form or other "hard copy," or by electronic signature or certification by a means implemented and approved by ecology, to be sent by mail or faxed or otherwise submitted to ecology.

     "Charity" means an organization that qualifies for a taxation exemption under section 501 (c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501 (c)(3)).

     "Collection services" include drop-off collection sites or alternative collection services such as residential at-home pick-up services, curb-side collection, or premium services such as those provided when performing system up-grades at small businesses.

     "Collector" means an entity that is licensed to do business in Washington state and that gathers unwanted covered electronic products from households, small businesses, school districts, small governments, and charities for the purpose of recycling and meets ((minimum standards that may be developed by ecology)) the registration and collector performance standard requirements in Part IV, WAC 173-900-400 through 173-900-490.

     "Component" includes but is not limited to televisions, computers, laptops, portable computers, monitors, keyboards, mice, and external hard drives.

     "Computer" means a machine, used by one user at a time, designed for manipulating data according to a list of instructions known as a program, and are generally known as desktops, laptops, and portable computers. "Computer" does not include any of the following:

     (a) A machine capable of supporting two or more work stations simultaneously for computing;

     (b) Computer servers marketed to professional users; or

     (c) Retail store terminals or cash registers, used at customer checkout in the retail industry.

     "Contract for services" means an instrument executed by the authority and one or more persons or entities that delineates collection, transportation, processing and recycling services, in whole or in part, that will be provided to the citizens of Washington state within service areas as described in the approved standard plan.

     "Covered electronic product" or "CEP" includes any one of the following four types of products that has been used in Washington state by any covered entity, regardless of original point of purchase:

     (a) Any monitor having a viewable area greater than four inches when measured diagonally;

     (b) A desktop computer;

     (c) A laptop or a portable computer; or

     (d) Any video display device having a viewable area greater than four inches when measured diagonally.

     "Covered electronic product" does not include:

     (a) A motor vehicle or replacement parts for use in motor vehicles or aircraft, or any computer, computer monitor, or television that is contained within, and is not separate from, the motor vehicle or aircraft;

     (b) Monitoring and control instruments or systems;

     (c) Medical devices;

     (d) Products including materials intended for use as ingredients in those products as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or the Virus-Serum-Toxin Act of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations issued under those acts;

     (e) Equipment used in the delivery of patient care in a health care setting;

     (f) A computer, computer monitor, or television that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; automatic teller machines, vending machines or similar business transaction machines; or

     (g) Hand-held portable voice or data devices used for commercial mobile services as defined in 47 U.S.C. Sec. 332 (d)(1).

     "Covered entity" means any household, charity, school district, small business, or small government located in Washington state.

     "Curbside service" means a collection service providing regularly scheduled pickup of covered electronic products from households or other covered entities in quantities generated from households.

     "Desktop" is a computer designed for nonportable use.

     "Direct processor" means a processor contracted with a CEP recycling plan to provide processing services for the plan.

     "Ecology" means the department of ecology.

     "Electronic product" includes any monitor having a viewable area greater than four inches when measured diagonally; a desktop computer; a laptop or portable computer; or any video display device having a viewable area greater than four inches when measured diagonally.

     "Equivalent share" means the weight in pounds of covered electronic products identified for an individual manufacturer as described in ((this chapter)) Part IX, WAC 173-900-930, 173-900-940, and 173-900-950.

     "Existing manufacturers" are those entities whose covered electronic products are offered for sale or sold in or into Washington state, through any sales method, as of ((the effective date of this chapter)) December 8, 2006.

     "Household" means a single detached dwelling unit or a single unit of a multiple dwelling unit and appurtenant structures.

     "Implement" or "plan implementation" means that collection, transportation, processing, and recycling services and other plan requirements are fully operational as described in the approved CEP recycling plan.

     "Independent plan" means a plan for the collection, transportation, processing and recycling of unwanted covered electronic products that is developed, implemented, and financed by an individual manufacturer or by an authorized party.

     "Laptop" is a computer.

     "Manufacturer" means the person who:

     (a) Has legal ownership of the brand, brand-name or cobrand of covered electronic products sold in or into Washington state;

     (b) ((Imports, or sells at retail, electronic products and meets (a) of this subsection; or

     (c))) Imports an electronic product branded by a manufacturer that meets (a) of this subsection and that manufacturer has no physical presence in the United States of America((.)); or

     (((d) A retailer may elect to register, in lieu of the importer, as the manufacturer when the manufacturer does not have a physical presence in the United States.)) (c) Sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in (b) of this subsection, and elects to register in lieu of the importer.

     "Manufacturers ((who have never sold CEPs)) whose CEPs are not directly sold in or into Washington state" are those entities who have never sold or offered for sale covered electronic products in or into Washington state and whose CEP brand names ((of covered electronic products are represented in the Washington state return share)) are identified on the return share list or their CEPs are returned for recycling by a covered entity.

     "Manufacturers who previously manufactured" are those entities that previously manufactured covered electronic products but no longer do so and whose brand names of CEPs are ((represented in the Washington state return share)) identified on the return share list or their CEPs are returned for recycling by a covered entity.

     "Market share" means a percent of covered electronic products sold in Washington state representing the manufacturer's share of all covered electronic products sold in Washington state assigned to a registered manufacturer based on the calculations in WAC 173-900-280.

     "Material" means processed CEPs, components, and parts.

     "Materials of concern" are any of the following:

     (a) Any devices, including fluorescent tubes, containing mercury or PCBs;

     (b) Batteries;

     (c) CRTs and leaded glass; and

     (d) Whole circuit boards.

     "Monitor" is a video display device without a tuner that can display pictures and sound and is used with a computer.

     "New entrant" means:

     (a) A manufacturer of televisions that have been sold in Washington state for less than ten consecutive years; or

     (b) A manufacturer of desktop computers, laptop and portable computers, or computer monitors that have been sold in Washington state for less than five consecutive years;

     (c) However, a manufacturer of both televisions and computers or a manufacturer of both televisions and computer monitors that is deemed a new entrant under either only (a) or (b) of this subsection is ((not)) considered an existing manufacturer and not a new entrant for purposes of this chapter.

     "New manufacturers to Washington state" are those entities whose covered electronic products are offered for sale or sold in or into Washington state for the first time after ((the effective date of this chapter)) December 8, 2006. These manufacturers become existing manufacturers for all program years after participation the first year.

     "Nonprofit organization" means an organization that qualifies for a taxation exemption under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)).

     "Offering for sale" means providing electronic products for purchase, in or into Washington state, regardless of sales method.

     "Orphan product" means a covered electronic product that lacks a manufacturer's brand or for which the manufacturer is no longer in business and has no successor in interest, or is a brand for which ecology cannot identify an owner.

     "Part" means whole pieces out of CEPs, or components such as but not limited to processors, chips, or cathode ray tubes.

     "Person" means any individual, business, manufacturer, transporter, collector, processor, retailer, charity, nonprofit organization, or government agency.

     "Plan" means a CEP recycling plan.

     "Plan's equivalent share" means the weight in pounds of covered electronic products for which a plan is responsible. A plan's equivalent share is equal to the sum of the equivalent shares of each manufacturer participating in that plan.

     "Plan's return share" means the sum of the return shares of each manufacturer participating in that plan.

     "Portable computer" is a computer.

     "Preferred status" means that a direct processor is conforming with the performance standards for electronic product recycling as described in ecology's publication "Environmentally Sound Management and Performance Standards for Direct Processors."

     "Premium service" means services such as at-location system upgrade services provided to covered entities and at-home pickup services offered to households or any handling requirements imposed by the covered entity in excess of those required in this chapter.

     "Premium service" does not include curbside service.

     "Processing facility" means a facility where the processing of CEPs for a plan is conducted by a direct processor.

     "Providing processing services" means disassembling, dismantling, or shredding electronic products to recover materials contained in the CEPs received from registered collectors or transporters and preparing those materials for reclaiming or reuse in accordance with processing standards established by this chapter.

     "Processor" means an entity:

     (a) Engaged in disassembling, dismantling, or shredding electronic products to recover materials contained in the electronic products and ((prepare)) preparing those materials for reclaiming or reuse in new products in accordance with processing standards established by this chapter ((and ecology. A processor may also)); and

     (b) That may salvage ((parts)) CEPs, components, and parts to be used in new products.

     "Product type" means one of the following categories: Computer monitors; desktop computers; laptop and portable computers; and televisions.

     "Program" means the collection, transportation, processing and recycling activities conducted to implement an independent plan or the standard plan. Programs can vary for different areas of the state.

     "Program year" means each full calendar year after the program has been initiated.

     "Recycling" means transforming or remanufacturing unwanted electronic products, components, and by-products into usable or marketable materials for use other than landfill disposal or incineration. "Recycling" does not include energy recovery or energy generation by means of combusting unwanted electronic products, components, and by-products with or without other waste. Smelting of electronic materials to recover metals for reuse in conformance with all applicable laws and regulations is not considered disposal or energy recovery.

     "Residual" means leftover materials from processing CEPs, components, parts and materials. Residuals cannot be used for their original function or cannot be recycled and are sent by a processor to a disposal facility.

     "Retailer" means a person who offers covered electronic products for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is either reused products or a wholesale transaction with a distributor or a retailer.

     "Return share" means the percentage of covered electronic products by weight identified for an individual manufacturer, as determined by ecology.

     "Reuse" means any operation by which an electronic product or a component of a covered electronic product changes ownership and is used, as is, for the same purpose for which it was originally purchased.

     "Sell" or "sold" means an electronic product is purchased regardless of sales method.

     "Small business" means a business employing less than fifty people.

     "Small government" means a city in Washington state with a population less than fifty thousand, a county in Washington state with a population less than one hundred twenty-five thousand, and special purpose districts in Washington state.

     "Standard plan" means the plan for the collection, transportation, processing and recycling of unwanted covered electronic products developed, implemented, and financed by the authority on behalf of manufacturers participating in the authority.

     "Television" is an enclosed video display device with a tuner able to receive and output frequency waves or digital signals to display pictures and sounds.

     "Transporter" means an entity that transports covered electronic products from collection sites or services to processors or other locations for the purpose of recycling, but does not include any entity or person that hauls their own unwanted electronic products.

     "Unwanted electronic product" means a covered electronic product that has been discarded or is intended to be discarded by its owner.

     "White box manufacturer" means a person who manufactured unbranded covered electronic products offered for sale in Washington state within ten consecutive years prior to a program year for televisions or within five consecutive years prior to a program year for desktop computers, laptop or portable computers, or computer monitors.

     "Video display devices" include units capable of presenting images electronically on a screen, with a viewable area greater than four inches when measured diagonally, viewed by the user and may include cathode ray tubes, flat panel computer monitors, plasma displays, liquid crystal displays, rear and front enclosed projection devices, and other similar displays that exist or may be developed. Televisions and monitors are video display devices.

[Statutory Authority: Chapter 70.95N RCW. 06-23-040 (Order 06-07), § 173-900-030, filed 11/7/06, effective 12/8/06.]

MANUFACTURER REQUIREMENTS
AMENDATORY SECTION(Amending Order 06-07, filed 11/7/06, effective 12/8/06)

WAC 173-900-200   Manufacturers ((registration)) who must register and participate in a CEP recycling plan.   ((Registration:

     (1) A manufacturer is registered under this chapter when:

     (a) Ecology has determined the manufacturer's registration form is complete and accurate; and

     (b) The manufacturer has paid their required administrative fee.

     (2) Registration under this chapter is only for purposes of administering the electronic product recycling program, and does not constitute endorsement by ecology of a particular registrant.

     (3) The following manufacturers must register with ecology:

Type of Manufacturer		Initial Registration Due Date
Existing manufacturers	Those entities whose CEPs are offered for sale or sold in or into Washington state, as of the effective date of this chapter.	On or before January 1, 2007.
New manufacturers to Washington state	Those entities whose CEPs are offered for sale or sold in or into Washington state for the first time after the effective date of this chapter.	Prior to the offering for sale of their CEPs for sale in/into WA.
Manufacturers who have never sold CEPs	Those entities who have never sold or offered for sale covered electronic products in or into Washington state and whose brand names of covered electronic products are represented in the Washington state return share.	Within sixty days of ecology sending notice that their brand names were found in the return share.
Manufacturers who previously manufactured	Those entities that previously manufactured CEPs but no longer do so and whose brand names of CEPs are represented in the Washington state return share.	Within sixty days of ecology sending notice that their brand names were found in the return share.

     (4) Manufacturer registration form: The manufacturer must use the manufacturer registration form provided by ecology which must include all of the following:

     (a) The name, contact, and billing information of the manufacturer;

     (b) The manufacturer's brand names of CEPs, including:

     (i) All brand names sold in Washington state in the past, including "years sold";

     (ii) All brand names currently being sold in Washington state, including the year the manufacturer started using the brand name; and

     (iii) All brand names the manufacturer manufactures but does not have legal ownership of the brand;

     (c) When a word or phrase is used as the label the manufacturer must include that word or phrase and a general description of the ways in which it may appear on the manufacturer's electronic products;

     (d) When a logo, mark, or image is used as a label, the manufacturer must include a graphic representation of the logo or image and a general description of the different ways in which it may appear on the manufacturer's electronic products;

     (e) The method or methods of sale used in or into Washington state;

     (f) Recycling plan participation information; and

     (g) Signature of the responsible individual. The registration form must be signed by the individual responsible for implementing the manufacturer's requirements under this chapter. The signature means the manufacturer has provided accurate and complete information on the form and reviewed their responsibilities under the electronic product recycling program.

     (5) Submitting the registration form: The manufacturer must either submit the:

     (a) Form via e-mail or internet service; or

     (b) Original of the registration form to one of the following addresses:

     For U.S. Postal Service:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     P.O. Box 47600

     Olympia, WA 98504-7600

     Or

     For Courier:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     300 Desmond Drive

     Lacey, WA 98503

     (6) Administrative fee:

     (a) All manufacturers must pay an annual administrative fee to ecology (see WAC 173-900-210 Administrative fee).

     (b) Starting in 2007, ecology will send out billing statements by November 1 of each year to all registered manufacturers. The billing statement will include the amount of the administrative fee owed by the manufacturer.

     (c) New manufacturers must send ecology the required administrative fee so that ecology receives the fee within sixty days of the date on the billing statement.

     (7) Submitting the administrative fee:

     (a) The manufacturer must send ecology the appropriate administrative fee so that ecology receives it no later than January 1 of each calendar year.

     (b) The manufacturer must send payment to the following address:

     Department of Ecology

     Electronic Product Recycling Program

     P.O. Box 5128

     Lacey, WA 98509-5128

     (8) Registration review and status: Within five business days of receiving a manufacturer registration form and the required administrative fee, ecology will post the manufacturer's name on a list called "Manufacturer Registration List for the Electronic Product Recycling Program" on ecology's web site. This list will contain the names of manufacturers, their brand names and their registration status. Each manufacturer on the list will be assigned to one of the following registration status categories:

     (a) Pending means ecology has received the appropriate manufacturer's administrative fee and is reviewing the manufacturer's registration form. The manufacturer's CEPs are allowed to be sold or offered for sale in or into Washington state while in "pending" status.

     (i) If the form is complete and accurate, ecology will change the manufacturer's status from "pending" to "in compliance."

     (ii) If the form is not complete and accurate, ecology will send notice, via certified mail, to the manufacturer identifying what corrections and additional information is needed, and requesting a revised form. The manufacturer will have thirty days from receipt of the notice to submit to ecology a revised registration form. If the form is corrected and the required additional information is submitted, ecology will change the manufacturer's status from "pending" to "in compliance."

     (iii) If the form is not corrected, or the required additional information is not submitted, within thirty days, ecology will change the manufacturer's status from "pending" to "in violation."

     (b) Registered or "in compliance" means ecology has reviewed the manufacturer registration form and determined the form is complete and accurate and the manufacturer has paid the required administrative fee. The manufacturer's CEPs are allowed to be sold or offered for sale in or into Washington state.

     (c) In violation means the manufacturer is in violation of this chapter.

     (9) Annual registration: Manufacturers must submit their annual registration renewal form and required administrative fee to ecology no later than January 1 of each calendar year.

     (10) Registration updates: A manufacturer must submit any changes to the information provided in the registration form to ecology within fourteen days of such change.

     (11) Registration violation: As of January 1, 2007, it is a manufacturer violation if either a manufacturer or retailer offers for sale or sells the manufacturer's CEPs in or into Washington state and the manufacturer is not registered as required above. When a manufacturer registration violation occurs:

     (a) Ecology will assign the manufacturer to the "in violation" category on the "Manufacturer Registration List for the Electronic Product Recycling Program";

     (b) The manufacturer's CEPs cannot be sold or offered for sale in Washington state; and

     (c) The manufacturer is subject to penalties under WAC 173-900-600.

     (12) Corrective actions:

     (a) If a manufacturer is in "in violation" status, ecology will not return them to "pending" status while the manufacturer corrects the violations.

     (b) If ecology changes a manufacturer to "in violation" as a result of a violation, then in order to once again be listed as "in compliance" on the "Manufacturer Registration List for the Electronic Product Recycling Program," the manufacturer must:

     (i) Submit their registration form and ecology must determine the form is complete and accurate;

     (ii) Pay their appropriate administrative fee;

     (iii) Correct any other violations; and

     (iv) Pay or settle any penalties due to ecology (WAC 173-900-600).

     (13) Notification to retailers: A manufacturer may notify retailers, in writing, if the manufacturer's CEPs cannot be offered for sale or sold in or into Washington state. A copy of this notice must be supplied to ecology to avoid the registration violation.)) (1) The following manufacturers must register with ecology and participate in a CEP recycling plan:

Table 200
Type of Manufacturer

Type of Manufacturer		Initial Registration Due Date	Must be Listed as a Plan Participant By:
Existing manufacturers	Those entities whose CEPs are offered for sale or sold in or into Washington state, as of December 8, 2006.	On or before January 1, 2007.	No later than February 1, 2008.
New manufacturers to Washington state	Those entities whose CEPs are offered for sale or sold in or into Washington state for the first time after December 8, 2006.	Prior to the offering for sale of their CEPs in or into WA.	Within thirty days of ecology approving registration.
Manufacturers whose CEPs are not directly sold in or into Washington state	If a CEP brand is identified in the Washington state return share list or is returned for recycling by a covered entity, a manufacturer must register even if that manufacturer has never sold or offered for sale the identified brands directly in or into Washington state.	Within sixty days of receiving notice from ecology that the manufacturer must register.	Within thirty days of ecology approving registration.
Manufacturers who previously manufactured	Those entities that previously manufactured CEPs but no longer do so and whose brand names of CEPs are identified in the Washington state return share list or their CEPs are returned for recycling by a covered entity.	Within sixty days of receiving notice from ecology that the manufacturer must register.	Within thirty days of ecology approving registration.

     (2) A manufacturer is registered under this chapter when:

     (a) Ecology has determined the manufacturer's registration form is complete and accurate; and

     (b) The manufacturer has paid the required administrative fee (see WAC 173-900-280).

     (3) Registration under this chapter is only for purposes of administering the electronic product recycling program, and does not constitute endorsement by ecology of a particular registrant.

     (4) A manufacturer must participate in either the standard plan or, if approved, an independent plan.

     (5) In the event that the plan fails to meet the manufacturers' obligations under this chapter, each manufacturer participating in the plan retains responsibility and liability, including financial liability, for the collection, transportation, processing, and recycling of the manufacturer's equivalent share of CEPs as described in this chapter.

[Statutory Authority: Chapter 70.95N RCW. 06-23-040 (Order 06-07), § 173-900-200, filed 11/7/06, effective 12/8/06.]

     (2) To be in "in compliance" status a manufacturer must:

     (a) As of January 1, 2007:

     (i) Register annually with ecology;

     (ii) Update registration information if it changes;

     (iii) Label the manufacturer's CEPs with the manufacturer's brand name(s) included in the manufacturer's registration information.

     (b) As of February 1, 2008:

     (i) Register annually with ecology;

     (ii) Update registration information if it changes;

     (iii) Label the CEPs with the manufacturer's brand name(s) included in the manufacturer's registration information; and

     (iv) Participate in a CEP recycling plan approved, or submitted for approval, by ecology.

Table 205
Manufacturer Status

Manufacturer Status	Can the manufacturer's brands of CEPs be offered for sale or sold in or into Washington state?	Explanation
Pending	Yes	"Pending" means ecology has received the manufacturer's registration form and administrative fee and ecology is reviewing the form.
In compliance	Yes	"In compliance" means ecology has approved the manufacturer's registration, the manufacturer is participating in a plan, and is complying with the requirements in this chapter.
In violation	No	"In violation" means the manufacturer is in violation of the requirements in this chapter.
Manufacturer's brand name is not on the "manufacturer registration list"	No	If a manufacturer's brand name is not on the "manufacturer registration list," that brand must not be offered for sale or sold in or into Washington state.
Manufacturer's name is not on the "manufacturer registration list"	No	If a manufacturer's name is not on the "manufacturer registration list," none of the manufacturer's brands of CEPs can be offered for sale or sold in or into Washington.

[]

     (iv) In addition to submitting information about CEP unit sales as described above, ecology may request that the manufacturer submit the CEP unit sales data in writing certified by a certified public accountant. Ecology may request this if ecology finds the data gives a different market share than the national data collected and/or the information changes the tier assignment distribution.)) Beginning January 1, 2007, no person may sell or offer for sale an electronic product to any person in or into Washington state unless the electronic product is labeled with the manufacturer's brand.

     (2) The label must be permanently affixed and readily visible.

     (3) In-state retailers in possession of unlabeled, or white box, electronic products on January 1, 2007, may exhaust their stock through sales to the public.

[Statutory Authority: Chapter 70.95N RCW. 06-23-040 (Order 06-07), § 173-900-210, filed 11/7/06, effective 12/8/06.]

     Step 1: Complete the manufacturer registration form.

     (1) CEP manufacturers must use the on-line or paper manufacturer registration form provided by ecology.

     (2) A manufacturer must provide all of the following information to ecology:

     (a) The name, contact, and billing information of the manufacturer;

     (b) The manufacturer's brand names of CEPs, including:

     (i) All brand names sold in Washington state in the past, including the years each brand was sold;

     (ii) All brand names currently being sold in Washington state, including the year the manufacturer started using the brand name;

     (c) All brand names of electronic products for which the registrant assembles but does not have legal ownership of the brand name placed on the product;

     (d) When a word or phrase is used as the label, the manufacturer must include that word or phrase and a general description of the ways in which it may appear on the manufacturer's electronic products;

     (e) When a logo, mark, or image is used as a label, the manufacturer must include a graphic representation of the logo, mark, or image and a general description of the logo, mark, or image as it appears on the manufacturer's electronic products;

     (f) The method or methods of sale used in or into Washington state; and

     (g) CEP recycling plan participation information.

     Step 2: Submit the manufacturer registration form.

     (3) The individual responsible for implementing the manufacturer's requirements under this chapter must sign the form. The signature means the manufacturer has provided accurate and complete information on the form and reviewed their responsibilities under the electronic product recycling program.

     (4) The manufacturer must submit the form using one of the three options below:

     (a) The on-line registration form;

     (b) The original paper version through the U.S. Postal Service:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     P.O. Box 47600

     Olympia, WA 98504-7600

     (c) The original paper version through a courier:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     300 Desmond Drive

     Lacey, WA 98503

     Step 3: Pay the administrative fee.

     (5) The following manufacturers must pay an annual administrative fee to ecology (see WAC 173-900-280 and ecology's web site for administrative fee schedule):

     (a) Existing manufacturers;

     (b) New manufacturers.

     (6) Starting in 2007, ecology will send out billing statements by November 1 of each year to all registered manufacturers. The billing statement will include the amount of the administrative fee owed by the manufacturer.

     (7) New manufacturers must send ecology the required administrative fee so that ecology receives the fee within sixty days of the date on the billing statement.

     (8) Existing manufacturers must send ecology the appropriate administrative fee so that ecology receives it no later than January 1 of each calendar year.

     (9) The manufacturer must send payment to one of the following addresses:

     For U.S. Postal Service:

    
     Department of Ecology

     Electronic Product Recycling Program

     P.O. Box 5128

     Lacey, WA 98509-5128

     For Courier to:

     Department of Ecology

     Attn: Fiscal Cashiering

     300 Desmond Drive

     Lacey, WA 98503

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     Step 1: Ecology review of the manufacturer registration form.

     (1) Within five business days of ecology receiving a manufacturer registration form and the required administrative fee (see WAC 173-900-280), ecology will:

     (a) Place the manufacturer in "pending" status on the "manufacturer registration list"; and

     (b) Place the manufacturer's "currently owned and manufactured" brand names included on the form on the "manufacturer registration list."

     (2) The manufacturer's brands of CEPs included on the "manufacturer registration list" can be sold or offered for sale in or into Washington state.

     (3) Ecology will review the form to determine if the form is complete and accurate.

     (4) If the form is not complete and accurate, or the manufacturer has not paid the required administrative fee, ecology will contact the manufacturer to request one or both of the following:

     (a) A revised form that contains the complete and missing information;

     (b) The unpaid administrative fee.

     (5) The manufacturer must submit the administrative fee and all requested information within thirty days from the day ecology contacted the manufacturer.

     Step 2: Approval or denial of manufacturer registration.

     (6) Approval.

     (a) Approval means that ecology has received the manufacturer's administrative fee and has determined the registration form is complete and accurate.

     (b) If ecology approves the manufacturer's registration:

     (i) Ecology will change the manufacturer's status from "pending" to "in compliance" on the "manufacturer registration list"; and

     (ii) The manufacturer's registered brands of CEPs can continue to be offered for sale or sold in or into Washington state.

     (7) Denial.

     (a) Denial means that ecology either did not receive the administrative fee or ecology has determined the form is not complete and accurate and the manufacturer has not submitted the revised information as requested.

     (b) If ecology denies a manufacturer's registration:

     (i) Ecology will either change the manufacturer's status from "pending" to "in violation" on the "manufacturer registration list" or remove the manufacturer's name from the list;

     (ii) Ecology will notify the manufacturer of the denial; and

     (iii) The manufacturer's brands of CEPs are not allowed to be offered for sale or sold in or into Washington state.

     (c) For initial manufacturer registration, if ecology denies a registration, the manufacturer may resubmit an initial registration form.

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     (2) Annual registration is due no later than January 1 of each calendar year for the next program year.

     (3) The manufacturer must submit the annual registration form using one of the options below:

     (a) Submit the manufacturer's on-line registration form;

     (b) Submitting a paper version through:

     U.S. Postal Service:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     P.O. Box 47600

     Olympia, WA 98504-7600

     Courier Service:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     300 Desmond Drive

     Lacey, WA 98503

     (4) Ecology will review manufacturer registration forms submitted for annual registration under the process described in WAC 173-900-220.

     (5) For annual registrations, if ecology denies the manufacturer's registration form, the manufacturer will be removed from the "manufacturer registration list."

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     (2) The manufacturer must submit updates using one of the options below:

     (a) Updating the manufacturer's registration information using the on-line form;

     (b) Submitting a paper version of the form with updated information through:

     U.S. Postal Service to:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     P.O. Box 47600

     Olympia, WA 98504-7600

     Courier Service to:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     300 Desmond Drive

     Lacey, WA 98503

     (3) Ecology will review manufacturer's updated registration forms under the process described in WAC 173-900-220.

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     (2) Beginning January 1, 2007, ecology may check any retailer's CEP inventory offered for sale in or into Washington state to determine if brand labeling requirements in WAC 173-900-210 have been met. If ecology determines a violation has occurred, ecology will document each violation and follow the warning, violations, and penalties procedures in Part II, WAC 173-900-255, 173-900-260, and 173-900-270 (for manufacturers) and Part VII, WAC 173-900-730, 173-900-740, and 173-900-750 (for retailers) of this chapter.

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     (a) Registration violation;

     (b) Labeling violation;

     (c) Plan violation; or

     (d) Return share violation.

     Manufacturer registration violations:

     (2) A manufacturer is in "registration violation" of this chapter if any of the following occurs:

     (a) The manufacturer does not submit an updated registration form within fourteen days of changes in the registration information.

     (b) A manufacturer offers for sale or sells its brand of CEPs in or into Washington state and:

     (i) The manufacturer's brand is not listed as in "in compliance" or "pending" status on the "manufacturer registration list"; or

     (ii) The manufacturer's brand name is not listed as part of the manufacturer's registration.

     (c) A retailer offers for sale or sells a manufacturer's brand of CEP in or into Washington state and on the date the products were ordered from the manufacturer or their agent:

     (i) The manufacturer's brand was not listed as in "in compliance" or "pending" status on the "manufacturer registration list";

     (ii) The brand name of the CEP was not listed as in "in compliance" or "pending" status on the "manufacturer registration list."

     (3) A manufacturer may notify retailers, in writing, if the manufacturer's brand of CEPs cannot be offered for sale or sold in or into Washington state. The manufacturer must provide ecology a copy of this notice to avoid a registration violation.

     (4) Each unregistered CEP unit offered for sale or sold is a separate violation by the manufacturer.

     Manufacturer labeling violation:

     (5) A manufacturer is in "labeling violation" of this chapter if any of the following occurs:

     (a) The manufacturer offers for sale or sells a manufacturer's electronic product in or into Washington state that does not have a permanently affixed or readily visible label with the manufacturer's brand name.

     (b) A retailer offers for sale or sells the manufacturer's electronic product in or into Washington state that the manufacturer has not labeled with the manufacturer's brand name.

     (6) Each of the manufacturer's unlabeled units offered for sale or sold is a separate violation by the manufacturer.

     Manufacturer plan violation:

     (7) Starting February 1, 2008, a manufacturer is in "plan violation" of this chapter if any of the following occurs, the manufacturer:

     (a) Has not met the manufacturer's financial obligations to its plan; or

     (b) Is not participating in a plan or complying with the manufacturer's responsibilities as described in their ecology approved plan; or

     (c) Is participating in a plan that is not fully implemented and the authority or authorized party has not taken action approved by ecology to correct violations.

     Return share violation:

     (8) It is a "return share violation" when the manufacturer's brands of CEPs are identified on ecology's return share list posted on the agency web site and:

     (a) Within sixty days of receiving notice from ecology, the manufacturer has not registered with ecology; or

     (b) Within thirty days of registering is not participating in a plan.

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Table 260
Manufacturer Warning and Penalties

     (1) When ecology issues a written warning letter via certified mail, for any violation, the warning will include a copy of the requirements to let the manufacturer know what the manufacturer must do to be in compliance status.

     Penalties:

     (2) First penalties: If the manufacturer does not meet the compliance requirements in the warning letter within thirty days of receipt of the warning, ecology will assess a first penalty, as defined in Table 260 above and do one of the following:

     (a) Change the manufacturer's status to "in violation";

     (b) Add the manufacturer to the "manufacturer registration list" and put them in "in violation."

     (3) Second and subsequent penalties: Ecology will issue second and subsequent penalties as defined in Table 260 no more often than every thirty days for the same violation.

     (4) Ecology will deposit all penalties collected under this section into the electronic products recycling account created under RCW 70.95N.130.

     Appeals:

     (5) Violations and penalties may be appealed to the pollution control hearings board, pursuant to chapter 43.21B RCW.

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     Corrective actions for manufacturer registration violations:

     (2) To correct a registration violation the manufacturer must:

     (a) Provide evidence that the violation has been corrected; and

     (b) Pay or settle any penalties to ecology.

     Corrective actions for manufacturer labeling violations:

     (3) To correct a labeling violation the manufacturer must:

     (a) Meet the requirements in WAC 173-900-210;

     (b) Correct any other violations; and

     (c) Pay or settle any penalties due to ecology.

     Corrective actions for plan violations:

     (4) To correct a plan violation the manufacturer must:

     (a) Join and participate in an approved plan or a plan currently under review for approval;

     (b) Correct any other violations; and

     (c) Pay or settle any penalties due to ecology.

     Corrective actions for return share violations:

     (5) To correct a return share violation the manufacturer must:

     (a) Join and participate in an approved plan or a plan currently under review for approval;

     (b) Correct any other violations; and

     (c) Pay or settle any penalties due to ecology.

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     (2) Data.

     (a) Ecology will use data collected to extrapolate Washington market shares, and to calculate manufacturer unit sales. Ecology will use market share and/or CEP unit sales to assign each manufacturer to an administrative fee tier. Ecology may use any of, or a combination of, the following data:

     (i) Generally available market research data;

     (ii) CEP unit sales data supplied by manufacturers for brands they manufacture or sell; or

     (iii) CEP unit sales data supplied by retailers for brands they sell.

     (b) Ecology may put the data directly into the data base. Ecology will aggregate the data in sets of at least three companies for confidentiality when published.

     (3) Distribution:

     (a) Ecology will establish a fee schedule to distribute administrative fees on a sliding scale, based on tiers, that are representative of annual sales of CEPs in Washington state.

     (b) Fees will be distributed to each tier in order to spread costs based on the estimated unit sales given the number of manufacturers and the amount of revenue that needs to be generated to cover ecology's administrative costs.

     (c) Tier 7 will have no fee amount associated with it, but the manufacturers assigned to this tier must still complete the registration form (see WAC 173-900-215) and join a plan.

Table 280
Market Share Tiers

Tiers	Manufacturer's Market Share
Tier 1	5% or greater
Tier 2	1% to < 5%
Tier 3	0.1% to < 1%
Tier 4	0.03% to < 0.1%
Tier 5	0.01% to < 0.03%
Tier 6	< 0.01%
Tier 7	Manufacturers who previously manufactured
	Manufacturers whose CEPs are not directly sold in or into Washington state

     (4) Calculating the administrative fee: Ecology will calculate the tiers based on the combined unit sales of CEPs sold under manufacturer brands as a percentage of the total sales of electronic products sold in or into Washington state.

     (a) Administrative fee tier calculations for program year 2007: For administrative fees due January 1, 2007, ecology will base fees on the amount appropriated in the budget for the electronic product recycling program by the legislature. Year one includes start-up costs and it funds the first eighteen months of operations. This amount is four hundred seventy-five thousand dollars.

     (b) Administrative fee tier calculations for program year 2008 and future years:

     (i) For administrative fees due January 1, 2008, and thereafter, ecology will base the fee on the expenditure authority for the electronic product recycling program which for program year 2008 is two hundred twenty-one thousand five hundred dollars.

     (ii) The total administrative fee amount will be adjusted biannually by the fiscal growth factor (FGF) as calculated under chapter 43.135 RCW (Fee_FGF).

     (5) Tier placement:

     (a) Existing manufacturers: Ecology will place existing manufacturers in the appropriate tier based on data obtained or received as described in subsection (2) of this section. If ecology has no data, ecology will place the manufacturer in Tier 4.

     (b) New manufacturers to Washington state: Ecology will assign these manufacturers to Tier 6 for their initial program year. After the initial program year, ecology will treat these manufacturers as an existing manufacturer (see (a) of this subsection).

     (c) Manufacturers whose CEPs are not directly sold in or into Washington state: Ecology will assign these manufacturers to Tier 7.

     (d) Manufacturers who previously manufactured: Ecology will assign these manufacturers to Tier 7.

     (6) Publication of tier assignment:

     (a) Tiers for fees due January 1, 2007: Ecology will publish the final tier schedule on ecology's web site by November 15, 2006, for fees due January 1, 2007. The tiers will be based on data available to ecology and received from manufacturers and retailers prior to November 9, 2006. When providing data to ecology, manufacturers must meet the requirements of subsection (7)(a) of this section prior to November 9, 2006.

     (b) Tiers for fees due January 1, 2008, and future years: For administrative fees for 2008, and future years, ecology will publish a preliminary tier schedule for review and a final tier schedule.

     (i) Preliminary tier schedule: Ecology will publish the preliminary tier schedule on ecology's web site by September 1 of each calendar year.

     (A) This preliminary tier schedule will include the tiers and a list of manufacturers assigned to each tier.

     (B) Ecology will also publish the estimated total percentage share of the market attributable to each tier and a list of the brand names for each manufacturer, which form the basis for the estimates used in the tier assignment.

     (C) Manufacturers will have until October 1 to submit a request for tier reassignment if they believe they are assigned to the wrong tier. (See subsection (7)(b) of this section.)

     (ii) Final tier schedule: Ecology will publish the agency's final tier schedule on ecology's web site by November 1 of each calendar year. This final tier schedule will reflect ecology's evaluation of all available data including but not limited to tier reassignment requests.

     (7) Tier reassignment requests:

     (a) Requests for tier reassignment submitted for fees due January 1, 2007. Manufacturers may request to be assigned to a different tier for fees due January 1, 2007.

     (i) To submit a request for tier reassignment the manufacturer must, on or before November 9, 2006, do one of the following:

     (A) Submit or update their on-line manufacturer registration form. The manufacturer must provide the number of units of CEPs, sold in the prior year, in or into Washington state;

     (B) Send a written letter to ecology including the number of units of CEPs sold in the prior year in or into Washington state; or

     (C) Submit a complete tier request form available on ecology's web site.

     (ii) If CEP unit sales data is provided, ecology will exempt this data from public disclosure in accordance with RCW 42.56.270(13).

     (iii) In addition to submitting information about CEP unit sales as described above, ecology may request that the manufacturer submit the CEP unit sales data in writing certified by a certified public accountant. Ecology may request this if ecology finds the data gives a different market share than the national data collected and/or the information changes the tier assignment distribution.

     (b) Requests for tier reassignment for fees due after January 1, 2007. If submitting a tier reassignment request:

     (i) Existing manufacturers must submit the request on or before October 1 prior to the next billing cycle and must follow the steps in (c) of this subsection.

     (ii) New manufacturers to Washington state may not submit a tier reassignment request for their first program year. Requests for tier reassignment for future program years must follow the process for existing manufacturers.

     (iii) Manufacturers whose CEPs are not directly sold in or into Washington state may request to be assigned to a different tier at any time and must follow the steps in (c) of this subsection.

     (iv) Manufacturers who previously manufactured may request to be assigned to a different tier at any time and must follow the steps in (c) of this subsection.

     (c) Submitting tier reassignment requests: To request tier reassignment, the manufacturer must do one of the following:

     (i) Submit or update their on-line manufacturer registration form. The manufacturer must provide the number of units of CEPs, sold in the prior calendar year, in or into Washington state; or

     (ii) Send a letter to ecology including the number of units of CEPs sold in the prior calendar year in or into Washington state.

     (iii) If CEP unit sales data is provided, ecology will exempt this data from public disclosure in accordance with RCW 42.56.270(13).

     (iv) In addition to submitting information about CEP unit sales as described above, ecology may request that the manufacturer submit the CEP unit sales data in writing including a basis for the alternative unit sales number and may request this information is certified by a certified public accountant. Ecology may request this if the CEP unit sales data results in a different market share than the national data collected and/or the information changes the tier assignment distribution.

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((TRANSPORTERS AND COLLECTORS)) THE AUTHORITY, AUTHORIZED PARTIES, AND COVERED ELECTRONIC PRODUCT (CEP) RECYCLING PLANS
AMENDATORY SECTION(Amending Order 06-07, filed 11/7/06, effective 12/8/06)

WAC 173-900-300   ((Transporter and/or collector registration.)) Covered electronic product (CEP) recycling plans.   (((1) As of September 1, 2007, all transporters and collectors must be registered with ecology in order to transport or collect CEPs.

     (2) To confirm the registration status of a transporter and/or collector, a person must check the "Transporter/Collector Registration List for the Electronic Product Recycling Program" displayed on ecology's web site.

     (3) Registration under this chapter is only for purposes of administering the electronic product recycling program, and does not constitute endorsement by ecology of a particular registrant.

     (4) Transporter and/or collector registration: Each transporter and/or collector must submit an annual registration form to ecology.

     (a) Existing transporters and/or collectors: Transporters and/or collectors who transport or collect CEPs in Washington state on the effective date of this chapter and who plan to continue doing so, must register with ecology no later than September 1, 2007.

     (b) New transporter and/or collector registration: Transporters and/or collectors who begin to transport or collect CEPs in Washington state after September 1, 2007, may submit their registration form to ecology at any time prior to beginning to transport or collect CEPs.

     (5) Transporter and/or collector annual registration: Transporters and/or collectors must submit their annual renewal registration form to ecology between June 1 and September 1 of each calendar year.

     (6) Registration updates: A transporter and/or collector must submit any changes to the information provided in the registration form to ecology within fourteen days of such change.

     (7) Transporter and/or collector registration form: Each transporter and/or collector must use the registration form provided by ecology and must include all of the following:

     (a) Contact and location information;

     (b) Business license information;

     (c) Permit information;

     (d) Description of services provided;

     (e) Geographic areas where services are provided; and

     (f) Signature of responsible individual.

     The registration form must be signed by the individual responsible for implementing the requirements under this chapter for the transporter and/or collector. Signing the form means the company has provided accurate and complete information on the form.

     (8) Submitting the transporter and/or collector registration form: The transporter and/or collector must either submit the:

     (a) Form via e-mail or internet service; or

     (b) Original of the registration form to one of the following addresses:

     For U.S. Postal Service:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     P.O. Box 47600

     Olympia, WA 98504-7600

     Or

     For Courier:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     300 Desmond Drive

     Lacey, WA 98503

     (9) Registration review and status: After receiving a registration form, ecology will post the transporter's and/or collector's name on a list called "Transporter/Collector Registration List for the Electronic Product Recycling Program" on ecology's web site. This list will contain the names of transporters and collectors and their registration status. Each transporter/collector on the list will be assigned to a registration status category:

     (a) Pending means ecology is reviewing the transporter's and/or collector's registration form. The transporter and/or collector is allowed to transport or collect CEPs in Washington state while in "pending" status.

     (i) If ecology determines the registration form is complete and accurate, ecology will change the transporter's/collector's status from "pending" to "in compliance."

     (ii) If ecology determines the form is not complete or accurate or additional information is needed, ecology will send notice, via certified mail, to the transporter and/or collector identifying what corrections and additional information is needed, and request a revised form. The transporter and/or collector will have thirty days from receipt of the notice to submit to ecology a revised registration form.

     (iii) If the corrections are not made, or additional information is not provided within thirty days, ecology will change the transporter and/or collector's status from "pending" to "in violation."

     (b) Registered or "in compliance" means ecology determined the registration form was complete and accurate. The transporter and/or collector is allowed to transport or collect CEPs in Washington state while in "in compliance" status.

     (c) In violation means the transporter and/or collector is in violation of this chapter (see WAC 173-900-630 and 173-900-620). The transporter and/or collector must not transport or collect CEPs in Washington state while in the "in violation" category.

     (10) Registration violation: If a transporter and/or collector does not submit their registration form as required above:

     (a) Ecology will assign the transporter and/or collector to the "in violation" category on the "Transporter/Collector Registration List for the Electronic Product Recycling Program";

     (b) A transporter must not transport CEPs in Washington state;

     (c) A collector must not collect CEPs in Washington state;

     (d) The transporter is subject to penalties under WAC 173-900-630; and

     (e) The collector is subject to penalties under WAC 173-900-620.

     (11) Corrective action: In order for ecology to change a transporter and/or collector from the "in violation" status to "in compliance" status on the "Transporter/Collector Registration List for the Electronic Product Recycling Program" the transporter and/or collector must:

     (a) Submit their registration form and ecology must determine the form is complete and accurate; and

     (b) Pay or settle any penalties to ecology.)) (1) CEP recycling plans (plans) must provide a program for the collection, transportation, processing, and recycling of CEPs from covered entities in Washington state.

     (2) All plans intending to begin implementation on or before January 1, 2009, must be submitted to ecology no later than February 1, 2008.

     (3) The authority or authorized party of a plan must:

     (a) Provide collectors with information that can be shared with covered entities about how and where CEPs received into the program are recycled.

     (b) Ensure that any CEP that is reused after being received by the processor is not included in any weight counts or used to satisfy an equivalent share.

     (4) Collection, transportation, processing, and recycling systems and services for a plan:

     (a) To implement the program described in the CEP recycling plan the authority or authorized party must only use the services of registered collectors, transporters, and processors that are in "in compliance" status.

     (b) Processing services: The authority shall accept and use any processor that:

     (i) Meets the requirements of this chapter; and

     (ii) Meets any requirements described in the authority's operating plan or through contractual arrangements.

     (c) Collection services: The authority of the standard plan must accept CEPs from registered collectors who meet the requirements of this chapter. The authority must compensate registered collectors for the reasonable costs associated with collection of CEPs. If a collector offers premium or curbside services, the compensation paid by the standard plan does not have to cover additional costs associated with those services.

     (d) A plan must provide for the processing of large quantities of CEPs at no charge to small businesses, small governments, charities, and school districts.

[Statutory Authority: Chapter 70.95N RCW. 06-23-040 (Order 06-07), § 173-900-300, filed 11/7/06, effective 12/8/06.]

     (1) The authority is responsible for collecting, transporting, processing, and recycling the sum of the equivalent shares of all manufacturers participating in the standard plan.

     (2) The "authority" is the Washington materials management and financing authority and is authorized to submit the standard plan for the participating manufacturers.

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     (a) The manufacturers participating in the proposed plan represent at least five percent return share of CEPs; and

     (b) No manufacturer participating in the proposed plan is a new entrant or a white box manufacturer.

     (2) If an independent plan does not represent five percent return share for two consecutive program years, ecology will dissolve the independent plan (see WAC 173-900-360).

     (3) Individual independent plan: A single manufacturer submitting an independent plan to ecology is responsible for collecting, transporting, processing, and recycling its equivalent share of CEPs.

     (4) Collective independent plan: Manufacturers collectively submitting an independent plan are responsible for collecting, transporting, processing, and recycling the sum of the equivalent shares of all manufacturers participating in the collective independent plan.

     (5) Individual or collective groups of manufacturers submitting an independent plan must designate an "authorized party" that is responsible for submitting the independent plan to ecology. A letter of certification from each of the manufacturers designating the authorized party must be submitted to ecology together with their independent plan.

     (6) Prior to beginning implementation of an independent plan, the authorized party for that plan must receive plan approval from ecology.

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     (a) Binding agreement;

     (b) Standard plan participant assessment of charges or apportionment of costs (standard plan only);

     (c) Letter of certification (independent plan only);

     (d) Use of Washington businesses;

     (e) Collection services;

     (f) Collectors;

     (g) Transporters;

     (h) Direct processors;

     (i) Direct processor audit reports;

     (j) Design for recycling;

     (k) Direct processor contract face sheet;

     (l) Recordkeeping;

     (m) Implementation timeline;

     (n) Public outreach and marketing requirements; and

     (o) Fair compensation.

     (2) A binding agreement: Each plan must include a written statement binding the authority or authorized party to the use of the plan.

     (a) The binding agreement must be signed by:

     (i) The person(s) designated by the board of the standard plan to sign such agreements on behalf of the authority; or

     (ii) The person(s) designated by the authorized party for independent plans to sign such agreements on behalf of the authorized party.

     (b) The binding agreement must include:

     (i) Contact information for the authority or authorized party, including name, address, and phone number;

     (ii) A list of all manufacturers participating in the plan, manufacturer electronic product registration (EPR) numbers issued by ecology, and their contact information of the responsible official, including their location address, mailing address (if different), phone number and e-mail address;

     (iii) A statement that the plan members will comply with the terms and conditions of their ecology approved plan; and

     (iv) A statement that in the event the plan fails to meet the manufacturers' obligations under this chapter, the manufacturers retain responsibility and liability, including financial liability, for the collection, transportation, processing, and recycling of their equivalent share of CEPs as described in this chapter.

     (3) Standard plan participant assessment of charges or apportionment of costs: For the standard plan only, the plan must include the proposal for assessing charges and apportioning costs for manufacturers participating in the standard plan. This must include a description of what information or data the authority used to determine the charge or cost. This section of the plan may be submitted separate from the rest of the plan (see WAC 173-900-325).

     (4) Letter of certification: For independent plans only, the plan must include a sworn letter from each of the manufacturers participating in the independent plan designating the authorized party.

     (5) Use of Washington state businesses: A description of how the authority or authorized party has sought the use of businesses within the state, including retailers, charities, processors, and collection and transportation services.

     (6) Collection services: A description of how the plan will meet the collection service requirements in WAC 173-900-355. At a minimum the authority or authorized party for each plan must work with the local government entities responsible for preparing local solid waste management plans.

     (7) Collectors: Information about collectors providing collection services in subsection (6) of this section must include:

     (a) Collector names and collector electronic product registration (EPR) numbers issued by ecology;

     (b) Collection sites: Location and contact number for collection sites;

     (c) Days and hours of operation for each site; and

     (d) Types of CEPs collected.

     (8) Transporters: Information about transporters providing transportation services for CEPs and components for the plan including:

     (a) Transporter names and transporter electronic product registration (EPR) numbers issued by ecology;

     (b) Counties and cities where the transporter provides service for the plan; and

     (c) Types of CEPs transported.

     (9) Direct processors: Information about direct processors of CEPs participating in the plan including:

     (a) Direct processor names;

     (b) Physical location of processing facilities;

     (c) Contact information and mailing addresses for the processing facilities;

     (d) Types of CEPs processed at each facility;

     (e) A description of the processes and methods that each processor will use to recycle CEPs; and

     (f) A written statement from the direct processor ensuring that the direct processor will comply with the performance standards for direct processors in WAC 173-900-650.

     (10) Direct processor compliance audit reports: For each direct processor used by the plan include a compliance audit report that meets the requirements in WAC 173-900-365.

     (11) Design for recycling: A description of how the plan participants will communicate and work with processors used by the plan to promote and encourage the design of electronic products that are less toxic and contain components that are more recyclable.

     (12) Direct processor contract face sheet:

     (a) Copies of the contract face sheet and signature sheet for each direct processor used by the plan; and

     (b) If not included on the face sheet and signature sheet, the date of the start of the contract and the date of the conclusion of the contract.

     (13) Recordkeeping: Procedures for how the authority or authorized party will collect and maintain records to meet and demonstrate compliance with the requirements of this chapter. Recordkeeping must include a description of the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share.

     (14) Implementation timeline: A timeline describing start-up, implementation, and progress toward milestones with anticipated results.

     (15) Public outreach and marketing requirements: A description of how the plan will meet the public outreach requirements in WAC 173-900-980.

     (16) Fair compensation: Substantiate that fair compensation is paid to collectors, transporters and direct processors for all services provided to a plan and that payments to service providers will be made within thirty days net from date of shipment or other time frame defined in contractual arrangements.

[]

     Step 1: Format of the CEP recycling plan.

     (1) All plans must use the "CEP recycling plan template" provided by ecology.

     (2) The authority or authorized party must submit paper copies of their plan in a three-ring binder so that individual pages can be submitted and replaced when updates or revisions are required.

     Step 2: Submit the CEP recycling plan.

     (3) The authority or authorized party must submit one paper copy and one usable electronic copy of their plan to ecology.

     (4) All plans intending to begin implementation on or before January 1, 2009, must be submitted to ecology no later than February 1, 2008.

     (a) The one paper copy must be submitted by mail to one of the following addresses:

     For U.S. Postal Service:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     P.O. Box 47600

     Olympia, WA 98504-7600

     For Courier:

     Department of Ecology

     Electronic Product Recycling

     Solid Waste and Financial Assistance Program

     300 Desmond Drive

     Lacey, WA 98503

     (b) The electronic copy may be submitted by e-mail or other electronic format usable by ecology that allows electronic editing and commenting by ecology.

     (5) The following section of a plan may be submitted to ecology for review and approval separate from the rest of the plan:

     • Standard plan participant assessment of charges or apportionment of costs.

     When submitting a section separate from the rest of the plan, the authority must follow the process described in this section.

     Step 3: Approval process.

     (6) Within ninety days after receipt of a complete plan, ecology will determine whether the plan complies with this chapter. Ecology will determine if the plan is:

     (a) Approved. If approved, ecology will send a letter of approval to the authority or authorized party via certified mail. The approval letter will include an expiration date for the plan.

     (b) Disapproved. If disapproved, ecology will send a letter of disapproval to the authority or authorized party via certified mail. The disapproval letter will provide ecology's reasons for not approving the plan.

     (i) The authority or authorized party must submit a new or revised plan within sixty days after receipt of the disapproval letter.

     (ii) Ecology then has an additional ninety days to review the new or revised plan.

     (c) Ecology will approve plans for no more than five years. If an independent plan does not represent five percent return share for two consecutive program years, ecology will dissolve the independent plan (see WAC 173-900-360).

     (7) Approval criteria: Ecology will consider the following when reviewing a plan for approval:

     (a) The plan submittal dates were met;

     (b) The plan meets the requirements in this chapter;

     (c) The plan contains all of the information required in this chapter and provides descriptive information sufficient to allow ecology to determine that the implementation of the plan will be in compliance with this chapter;

     (d) When reviewing a plan for service level, ecology may contact the local government or community identified in the plan; and

     (e) The plan, when implemented, would meet or exceed required collection service levels (see WAC 173-900-355).

     (8) Ecology may ask for additional information or clarification during the review of a plan.

     (9) Ecology will post all plans on the agency web site.

     (10) Proprietary information submitted to ecology under this chapter is exempt from public disclosure under RCW 42.56.270.

[]

     (2) All manufacturers registered as of January 1, 2009, must be participating in a fully operational, ecology approved, plan as of January 1, 2009.

     (3) The authority or authorized party must notify ecology if any of the manufacturers listed as a participant in the plan are not meeting the requirements described in the ecology approved plan (see WAC 173-900-350).

     (4) If the authority or authorized party of a plan, through implementation of the plan, fails to provide service in each county in Washington state or meet other plan requirements, the authority or authorized party must submit an updated plan to ecology within sixty days of failing to provide service.

[]

     (a) For five-year renewal;

     (b) The plan has failed to provide services; and

     (c) Plan updates or revisions are required.

     (2) Five-year renewal: The authority or authorized party must:

     (a) Review and update their plan every five years;

     (b) Submit the plan to ecology at least one hundred twenty days prior to the expiration date on the plan approval letter.

     (3) Failure to provide service:

     (a) Failure to provide service means implementation of the plan fails to do any of the following:

     (i) Provide service in each county in the state;

     (ii) Provide service in each city or town with a population of ten thousand or greater; or

     (iii) Meet other plan requirements.

     (b) If the authority or authorized party of a plan, through implementation of the plan fails to provide services, the authority or authorized party must submit an updated plan to ecology within sixty days of failing to provide service.

     (i) The updated plan must address how the program will be adjusted to meet the program geographic coverage and collection service requirements established in WAC 173-900-355.

     (ii) When determining if the authority or authorized party fails to provide service, ecology will consider the collection services requirements in WAC 173-900-355 and the local government and community satisfaction reports if submitted under Part VIII, WAC 173-900-810.

     (4) Revisions or updates to the plan: The authority or authorized party must submit a plan revision, including nonsignificant and significant plan revisions, to ecology within sixty days of any changes to the plan or receiving notice from ecology that an update is required.

     (a) When submitting a plan revision, the authority or authorized party may submit only the sections or chapters related to the revision.

     (b) Nonsignificant revisions submitted but ecology approval is not required: Nonsignificant revisions to CEP recycling plans are identified in Table 335 below. Ecology does not need to approve the nonsignificant revision prior to implementation.

     (c) Significant revisions submitted and ecology approval is required: Significant revisions to CEP recycling plans are identified in Table 335 below. Ecology must approve the significant revisions prior to implementation.

Table 335
CEP Recycling Plan Revisions