287.17(3)(b)1.
1. The manufacturer's covered electronic devices comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive.
287.17(3)(b)2.
2. The manufacturer's covered electronic devices do not comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive.
287.17(3)(c)
(c) Notwithstanding the deadline in
par. (a), a manufacturer who begins selling covered electronic devices after February 1, 2010, and who has not previously submitted a registration under this subsection shall submit a registration to the department not more than 10 days after the day on which the manufacturer begins selling or offering to sell covered electronic devices.
287.17(3)(d)
(d) If a manufacturer changes the brands that it sells or offers to sell, the manufacturer shall update its registration not more than 10 days after making the change.
287.17(3)(e)
(e) A complete registration is effective on receipt by the department and is valid until the following September 1 unless revoked before that date.
287.17(3)(f)
(f) Within 20 business days after the receipt of a registration under this subsection, the department shall review the registration submitted and notify the manufacturer if the registration is not complete.
287.17(4)
(4) Manufacturer recycling targets, fees, and recycling credits. 287.17(4)(a)(a)
Payment. To comply with
sub. (2) (a) 3., a manufacturer shall pay fees as provided in this subsection with the registration that it submits under
sub. (3).
287.17(4)(b)1.1. If the manufacturer sold at least 250 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $5,000, except, as provided under
sub. (10) (k).
287.17(4)(b)2.
2. If the manufacturer sold at least 25 but fewer than 250 covered electronic devices in this state during the previous program year, the manufacturer shall pay a registration fee of $1,250.
287.17(4)(b)3.
3. If the manufacturer sold fewer than 25 covered electronic devices in this state during the previous program year, the manufacturer is not required to pay a registration fee.
287.17(4)(bm)
(bm)
Shortfall fees. In addition to the registration fee, beginning in 2011, a manufacturer shall pay shortfall fees under
par. (d) if the amounts calculated under that provision are positive numbers, except that a manufacturer is not required to pay shortfall fees until its covered electronic devices have been sold or offered for sale to households or schools in this state for 3 full program years and except as provided under
par. (g).
287.17(4)(d)
(d)
Annual shortfall fee after 2010. The annual shortfall fee to be paid by a manufacturer in a year after 2010 is calculated as follows:
287.17(4)(d)1.
1. Determine the manufacturer's target recycling weight by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households or schools in this state during the program year that began 36 months before the beginning of the program year in which the calculation is made, as reported under
sub. (5) (a), by 0.8.
287.17(4)(d)2.
2. Determine the actual recycling weight by adding the weight of eligible electronic devices recycled by or on behalf of the manufacturer during the previous program year, as determined under
par. (f) 1., plus the number of recycling credits that a manufacturer elects to use, as reported to the department under
sub. (5) (c) 3.
287.17(4)(d)3.
3. Subtract the actual recycling weight, determined under
subd. 2., from the target recycling weight, determined under
subd. 1.
287.17(4)(d)4.
4. Multiply the amount determined under
subd. 3. by the estimated cost of recycling determined as follows:
287.17(4)(d)4.a.
a. Fifty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under
subd. 2., is less than 50 percent of the target recycling weight, determined under
subd. 1.
287.17(4)(d)4.b.
b. Forty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under
subd. 2., is at least 50 percent but not more than 90 percent of the target recycling weight, determined under
subd. 1.
287.17(4)(d)4.c.
c. Thirty cents per pound for a manufacturer if the weight of eligible electronic devices recycled by or on behalf of the manufacturer, as determined under
subd. 2., is more than 90 percent of the target recycling weight, determined under
subd. 1.
287.17(4)(dm)
(dm)
Target recycling weight for 2010. A manufacturer's target recycling weight for the last 2 program quarters of program year 2009-10, is calculated by multiplying the number of pounds of the manufacturer's covered electronic devices sold to households in this state during program year 2007-08, as reported under
sub. (5) (a), by 0.8 and multiplying the product by 0.5.
287.17(4)(e)
(e)
Recycling credits. If, for a program year, the weight of eligible electronic devices recycled by or on behalf of a manufacturer, as determined under
par. (f) 1. or
2., exceeds the target recycling weight determined under
par. (d) 1. or
(dm), the manufacturer has a number of recycling credits equal to the number of excess pounds or 20 percent of the target recycling weight, whichever is less. The manufacturer may use the credits for the purpose of
par. (d) 2. for any of the 3 succeeding program years or may sell credits to another manufacturer for use for any of the 3 succeeding program years.
287.17(4)(f)1.1. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for a program year is the weight reported under
sub. (5) (b) for that program year, except that if the manufacturer reports separately the weight of eligible electronic devices used by households or schools in rural counties and used by households or schools in urban counties for a program year, the weight is determined by adding the weight used by households or schools in urban counties in that program year and 1.25 times the weight used by households or schools in rural counties in that program year.
287.17(4)(f)2.
2. The weight of eligible electronic devices recycled by or on behalf of a manufacturer for the last 2 program quarters of program year 2009-10 is the weight reported under
sub. (5) (b) for that period, except that if the manufacturer reports separately the weight of eligible electronic devices used by households or schools in rural counties and used by households or schools in urban counties for that period, the weight is determined by adding the weight used by households or schools in urban counties in that period and 1.25 times the weight used by households or schools in rural counties in that period.
287.17(4)(g)1.1. Instead of paying a shortfall fee under this subsection in a year, a manufacturer may submit, with its registration, a request for relief from the shortfall fee in that year along with information showing that the manufacturer has made good faith progress toward meeting its target recycling weight under
par. (d) 1.
287.17(4)(g)2.
2. If the department determines that a manufacturer that makes a request under
subd. 1. in a year has made good faith progress toward meeting its target recycling weight, the department shall waive the requirement that the manufacturer pay the shortfall fee in the year. If the department determines that the manufacturer has not made good faith progress toward meeting its target recycling weight, it shall notify the manufacturer and the manufacturer shall pay the shortfall fee within 60 days after receiving the notification.
287.17(5)
(5) Manufacturers reporting requirements. 287.17(5)(a)1.1. Except as provided in
subd. 3., with each registration that it submits under
sub. (3), a manufacturer shall report one of the following to the department:
287.17(5)(a)1.a.
a. The total weight of each model of its covered electronic devices sold to households or schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.
287.17(5)(a)1.b.
b. The total weight of all of its covered electronic devices sold to households or schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.
287.17(5)(a)1.c.
c. An estimate, based on national sales data, of the total weight of its covered electronic devices sold to households or schools in this state during the program year that began 24 months before the beginning of the program year in which the report is made.
287.17(5)(a)2.
2. A manufacturer shall include in the report required under
subd. 1. a description of how the manufacturer calculated the weight reported under
subd. 1.
287.17(5)(a)3.
3. A manufacturer is not required to report under
subd. 1. until its covered electronic devices have been sold or offered for sale to households or schools in this state for one full program year.
287.17(5)(a)4.
4. The department may reject a manufacturer's report under
subd. 1. if it determines that the report is not complete or not reasonably accurate.
287.17(5)(b)
(b)
Weight of eligible electronic devices recycled. With the registration that it submits under
sub. (3) that is due by September 1, 2010, a manufacturer shall report to the department the total weight of eligible electronic devices used by households or schools in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during the last 2 program quarters of the preceding program year. Beginning in 2011, with the registration that it submits under
sub. (3), a manufacturer shall report to the department the total weight of eligible electronic devices used by households or schools in this state that were collected by or delivered to the manufacturer for recycling by the manufacturer or that were collected by or delivered to a registered recycler for recycling on behalf of the manufacturer during the preceding program year. A manufacturer may report separately the weight of eligible electronic devices used by households or schools in rural counties and used by households or schools in urban counties for the purpose of obtaining the weight adjustment under
sub. (4) (f) for eligible electronic devices received from households or schools in rural counties.
287.17(5)(c)
(c)
Recycling credits. With the registration that it submits under
sub. (3), beginning in 2011, a manufacturer shall report all of the following to the department:
287.17(5)(c)1.
1. The number of recycling credits that the manufacturer purchased during the preceding program year.
287.17(5)(c)2.
2. The number of recycling credits that the manufacturer sold during the preceding program year.
287.17(5)(c)3.
3. The number of recycling credits that the manufacturer elects to use in the calculation of its shortfall fees under
sub. (4) (d) 2.
287.17(5)(c)4.
4. The number of recycling credits available to the manufacturer after calculating its shortfall fees under
sub. (4) (d) 2.
287.17(7)(a)1.1. Beginning on January 1, 2010, no person may operate as a collector delivering or arranging for the delivery of eligible electronic devices to a registered recycler for recycling on behalf of a manufacturer who is registered under
sub. (3) unless the person is registered under this paragraph. A person shall register by submitting, no later than January 1, 2010, and annually, no later than August 1 beginning in 2010, to the department a registration, using a form prescribed by the department, that includes all of the following:
287.17(7)(a)1.a.
a. The name, address, and contact information of a responsible individual.
287.17(7)(a)1.b.
b. The street address of all facilities at which the person operates as a collector.
287.17(7)(a)1.c.
c. A certification that the person has all governmental licenses or other approvals that are required to operate as a collector and has complied, and will continue to comply, with the requirements of this subsection and with applicable health, environmental, safety, and financial responsibility requirements.
287.17(7)(a)2.
2. A complete registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.
287.17(7)(b)
(b)
Reports and records. No later than August 1 of each program year, beginning August 1, 2010, a registered collector shall report to the department the total weight of eligible electronic devices collected in this state during the preceding program year and the names of all registered recyclers to whom the collector delivered eligible electronic devices. A registered collector shall maintain records of the sources of eligible electronic devices it collects and of the registered recyclers to whom the collector delivers eligible electronic devices.
287.17(7)(c)
(c)
Limitation. A registered collector may not use prison labor to collect eligible electronic devices the weight of which was or will be reported under
sub. (5) (b).
287.17(8)(a)1.1. Beginning on January 1, 2010, no person may operate as a recycler receiving eligible electronic devices on behalf of a manufacturer who is registered under
sub. (3) unless the person is registered under this paragraph. A person shall register by submitting, no later than January 1, 2010, and annually, no later than August 1 beginning in 2010, to the department a registration, using a form prescribed by the department, that includes all of the following:
287.17(8)(a)1.a.
a. The name, address, and contact information of a responsible individual.
287.17(8)(a)1.b.
b. The street address of all facilities at which the person conducts recycling.
287.17(8)(a)1.d.
d. Documentation of the liability insurance required under this subsection.
287.17(8)(a)2.
2. A complete registration is effective on receipt by the department and is valid until the following August 1 unless suspended or revoked before that date.
287.17(8)(b)1.1. No later than August 1 of each program year, beginning with August 1, 2010, a registered recycler shall report to the department the total weight of eligible electronic devices collected in this state that the recycler received for recycling on behalf of a manufacturer registered under
sub. (3) during the preceding program year and the name of the manufacturer.
287.17(8)(b)2.
2. No later than February 1 of each program year, beginning in 2011, a registered recycler shall report to the department all of the following:
287.17(8)(b)2.a.
a. The total weight of eligible electronic devices collected in this state that the recycler received for recycling on behalf of a manufacturer during the first 6 months of the program year and the name of the manufacturer.
287.17(8)(b)2.b.
b. The total weight of eligible electronic devices collected in this state that the recycler received for recycling during the first 6 months of the program year in anticipation of attributing them to a manufacturer for the purposes of the program under this section.
287.17(8)(b)3.
3. A registered recycler shall maintain records of the sources of eligible electronic devices collected in this state that the recycler receives for recycling on behalf of a manufacturer registered under
sub. (3).
287.17(8)(c)1.1. A registered recycler shall maintain liability insurance coverage in the amount of at least $1,000,000 for environmental releases, accidents, and other emergencies.
287.17(8)(c)2.
2. A registered recycler may not use prison labor to recycle eligible electronic devices the weight of which was or will be reported under
sub. (5) (b).
287.17(8)(c)3.
3. A registered recycler shall maintain proof of financial responsibility ensuring the availability of funds in an amount sufficient to cover the reasonable estimated costs of paying another person to close the facilities at which recycling is conducted, including managing any remaining eligible electronic devices or materials derived from eligible electronic devices and performing any necessary environmental cleanup. The registered recycler shall maintain, and provide to the department upon request, an itemized statement of the estimated costs in a form specified by the department and documentation of the source of the estimates. The registered recycler may provide the proof of financial responsibility required under this subdivision using one of the following:
287.17(8)(c)3.b.
b. A deposit of cash, certificates of deposit, or securities issued by the federal government.
287.17(8)(c)4.
4. A registered recycler shall maintain records that can be used to determine, for each program year, the total weight of eligible electronic devices recycled by the recycler on behalf of manufacturers under this section, the weight of materials derived from those eligible electronic devices that the registered recycler sends to another person for use in a manufacturing process or for recovery of useable materials, and the weight of materials derived from those eligible electronic devices that the registered recycler sends to be disposed of in a solid waste disposal facility or burned at a solid waste treatment facility.
287.17(8)(c)5.
5. A registered recycler shall maintain records that do all of the following:
287.17(8)(c)5.a.
a. Identify each person who received from the registered recycler materials derived from eligible electronic devices recycled on behalf of manufacturers under this section.
287.17(8)(c)5.b.
b. If a person identified under
subd. 5. a. does not use the materials in a manufacturing process, identify each person who receives from the person identified under
subd. 5. a. materials derived from eligible electronic devices recycled on behalf of manufacturers under this section.
287.17(8)(c)5m.
5m. A registered recycler shall make the information under
subds. 4. and
5. for a program year available, upon request, to a manufacturer on behalf of whom the recycler recycled eligible electronic devices under this section in that program year, except that if the recycler maintains a system under which it tracks eligible electronic devices recycled on behalf of one manufacturer, and the disposition of the materials derived from those eligible electronic devices, separately from other eligible electronic devices that it recycles, the recycler is only required to provide to that manufacturer the information under
subds. 4. and
5. concerning the eligible electronic devices recycled on behalf of that manufacturer.
287.17(8)(c)6.
6. A registered recycler shall maintain records that show the actions that it takes in a program year to ensure that the persons identified under
subd. 5. use the materials derived from eligible electronic devices in a manufacturing process or for recovery of useable materials and shall make that information available upon request to a manufacturer on behalf of whom the recycler recycles eligible electronic devices under this section in that program year.
287.17(8)(c)7.
7. A registered recycler shall prepare and maintain a written contingency plan for responding to releases of hazardous substances that complies with the requirements in
s. NR 664.0052, Wis. Adm. Code.
287.17(8)(c)8.
8. A registered recycler shall comply with any other operational requirement in rules promulgated under
par. (e).
287.17(8)(d)
(d)
Certification. As a condition of registration under
par. (a), a registered recycler shall submit to the department a certification that states that the registered recycler does all of the following:
287.17(8)(d)2.
2. Complies with federal, state, and local requirements concerning the storage, transportation, processing, and exporting of eligible electronic devices and materials derived from eligible electronic devices, including the requirements in
40 CFR 261.39 (a) (5) and 273.20 and requirements in rules promulgated under
s. 291.05.
287.17(8)(d)3.
3. Complies with federal requirements under
29 CFR 1910.120 concerning occupational and environmental health and safety training for employees.
287.17(8)(e)
(e)
Modifying or adding requirements by rule. The department shall review the requirements under
par. (c) 1. to
7. to determine whether it is necessary to modify or add to those requirements so that the requirements applicable to registered recyclers are at least equivalent to nationally recognized standards for recycling eligible electronic devices. If the department determines that it is necessary to modify or add to the requirements under
par. (c) 1. to
7., the department shall promulgate rules that modify or add to the requirements so that they are at least equivalent to nationally recognized standards for recycling eligible electronic devices. The department may not promulgate a rule under this paragraph that takes effect before October 1, 2011.
