Act No. 79
Conservation and development; solid waste; electronic waste
collection and recycling
This act establishes a program in the agency of natural resources (ANR) for the collection and recycling of electronic waste (e-waste) in Vermont.
The act requires ANR to develop by January 1, 2011, a standard plan for the collection and recycling of e-waste in the state.
At a minimum, the ANR standard plan must:
o Site at least three permanent facilities in each county for e-waste collection unless ANR determines that collection is adequate in a county and three facilities are not necessary.
o Site at least one permanent e-waste collection facility in each city or town with a population of 10,000 or more.
o Ensure that e-waste recyclers comply with ANR's recycling standards.
o Ensure public education and outreach regarding e-waste disposal.
o Require e-waste collection facilities to be staffed and open to the public at a frequency needed to meet the needs of the area.
Beginning July 1, 2010, a manufacturer of a covered electronic device is prohibited from selling a covered electronic device in the state unless the manufacturer registers with the state, labels its covered electronic device with its brand, and pays the relevant registration and implementation fee. The act defines a covered electronic device as a television, computer, computer monitor, printer, or cathode ray tube device.
The act defines a manufacturer of a covered electronic device as a person who:
o Manufactures a covered electronic device under the person's own brand for sale in the state;
o Sells in the state under the person's brand a covered electronic device produced by another supplier;
o Owns a brand that the person licenses or licensed to another person for use on a covered electronic device;
o Imports covered electronic devices into the U.S. for sale;
o Manufactures covered electronic devices for sale in the state without affixing a brand; or
o Assumes a manufacturer's responsibilities, obligations, and liabilities.
A manufacturer who sells less than 20 covered electronic devices in a program year is exempt from the requirements of the program.
A manufacturer's registration must include:
o A list of the manufacturer's brands;
o Contact information for a person responsible for the manufacturer's compliance;
o An estimate of the manufacturer's covered electronic devices sold during the previous program year;
o An estimate of the aggregate total weight of the manufacturer's covered electronic devices sold during the previous year based on national sales data; and
o Beginning July 1, 2011, a certification that the manufacturer is seeking coverage under the ANR standard plan or is implementing an independent plan approved by ANR.
A manufacturer may opt out of the standard plan and implement an individual plan approved by ANR. A manufacturer's individual plan must:
o Provide for each county the number of collection methods required under the standard plan.
o Describe the collection, transportation, and recycling to be used.
o Document the audits of each recycler used in its plan.
o Describe the accounting and reporting systems that will be used.
o Include a time line for start-up and implementation.
o Include a public information campaign to inform consumers of how to dispose of or recycle their e-waste.
o Meet the manufacturer's program goal for e-waste collection.
The program goal for a manufacturer that submits an individual plan is: The statewide recycling goal multiplied by the individual manufacturer's market share of covered electronic devices.
If a manufacturer operating under an individual plan fails to meet its program goal, it is assessed a surcharge to pay for the cost of collecting that portion of e-waste that the manufacturer failed to collect.
Manufacturers operating under an individual plan must report annually to ANR. The report must include:
o The type of e-waste collected.
o The aggregate total weight of e-waste the manufacturer recycled during the program year.
o A list of recyclers utilized by the manufacturer.
o A description of the process and methods used to recycle e-waste.
o A summary of the educational and outreach activities undertaken by the manufacturer.
Any collection facility operated under a manufacturer's individual plan must be staffed and open to the public at a frequency that meets the needs of the area being served.
Households, charities, school districts, or businesses in the state that employ fewer than 10 people will not be charged for e-waste collection under the standard plan or an individual manufacturer's plan.
Collection facilities under the standard plan or an individual plan may not refuse to accept e-waste from households, charities, school districts, or businesses in the state that employ fewer than 10 people.
Each manufacturer registered under the standard plan or under an individual plan must pay a registration fee.
o The registration fee will cover ANR's costs in administering the e-waste program.
o The registration fee in the first year (July 1, 2010, through June 30, 2011) is $5,000 or $1,250 for a manufacturer that sells less than 100 covered electronic devices in the state.
o After the first year, the registration fee is determined by multiplying the manufacturer's market share by ANR's cost of administering the program.
Each manufacturer operating under the standard plan will pay an implementation fee.
o The implementation fee is intended to pay for the costs of collecting e-waste either by ANR's own collection or by ANR contracting with others for collection.
o The implementation fee is assessed quarterly and is determined by multiplying the manufacturer's market share by the prior quarter's costs of implementing the collection and recycling activities under the e-waste program.
The act establishes a statewide recycling goal by which to measure performance of the e-waste collection and recycling program.
o The statewide recycling goal is measured in pounds of e-waste collected.
o For July 1, 2011, through June 30, 2012: The statewide goal is calculated by multiplying Vermont's population by 5.5 pounds.
o For July 1, 2012, through June 30, 2013: The statewide goal is calculated by multiplying Vermont's population by 6.0 pounds.
o For July 1, 2013, through June 30, 2014, and annually thereafter, the statewide recycling goal is the product of the base weight multiplied by the goal attainment percentage.
The "base weight" is the average of all electronic waste collected under the standard plan and any individual plan for the previous two program years. The goal attainment percentage is set in the act as follows:
o 90 percent if the base weight is less than 90 percent of the statewide recycling goal.
o 95 percent if the base weight is 90 percent or greater but not more than 95 percent of the statewide recycling goal.
o 100 percent if the base weight is 95 percent or greater but not more than 105 percent of the statewide recycling goal.
o 105 percent if the base weight is 105 percent or greater but not more than 110 percent of the statewide recycling goal.
o 110 percent if the base weight is 110 percent of or greater than the statewide recycling goal.
Beginning July 1, 2010, no retailer will be allowed to sell a covered electronic device unless the device is labeled by the manufacturer and the manufacturer of the device is registered with ANR.
o Retailers can review an ANR website to determine which manufacturers are properly registered.
o A retailer is not responsible for an unlawful sale if the retailer took possession of a device prior to July 1, 2010, or if the manufacturer's registration expired or was revoked after the retailer took possession and the unlawful sale occurred within six months of expiration or revocation.
o Beginning July 1, 2011, retailers who sell covered electronic devices must provide customers with information regarding the proper disposal of e-waste.
Beginning July 1, 2010, e-waste recyclers must register with ANR. Registration is valid for five years. The recycler must provide ANR with contact information and evidence of financial assurance sufficient for the cleanup of the recycler's facility.
Beginning August 1, 2012, a recycler of e-waste must submit an annual report to ANR. The report must include:
o The type of e-waste collected.
o The total weight of e-waste recycled during the preceding program year.
o Whether e-waste was collected under the standard plan or an individual plan.
o A certification that the recycler has complied with ANR's recycling guidelines.
Beginning July 1, 2010, collectors and transporters of e-waste must register with ANR. Beginning August 1, 2012, a collector of e-waste must report annually to ANR. The report is to include: the type of e-waste collected; the total weight of e-waste recycled during the preceding program year; and whether e-waste was collected under a standard or an individual plan.
Beginning August 1, 2012, a transporter of e-waste that will not be recycled in Vermont must report annually to ANR the total pounds of e-waste collected and whether it was collected under the standard or an individual plan.
The act establishes responsibilities for ANR. The responsibilities include:
o Adopting and administering the standard plan.
o Collecting data submitted by manufacturers, recyclers, collectors, and transporters.
o Determining whether the statewide recycling goal should be changed.
o Beginning February 15, 2012, annually reporting to the general assembly regarding implementation of the e-waste program. The report must include the total weight of e-waste collected; a summary of the various e-waste collection programs used; information about e-waste disposed of in landfills; and an accounting of the program.
o Maintaining a website that includes the names of manufacturers with current, valid registrations and the manufacturers' brands listed in the manufacturer's registration.
o Establishing guidelines for the environmental sound management of consumer electronics.
o Identifying approved transporters, collectors, and recyclers.
ANR may contract for implementation and administration of the e-waste program, and ANR may adopt rules to implement the e-waste program.
The act bans the disposal of electronic devices in landfills.
Date Signed by the Governor: April 19, 2010
Effective Date: On passage (April 19, 2010, the date on which the governor signed the bill)