Required Contents of Electronic Waste Collection Plans
- An explanation of the extent to which, if any, there is coordination with county and municipal government recycling programs. (N.J.A.C. 7:26A-13.6(a)1ix)
- A listing of any limitations to be imposed on the quantity and type of material to be accepted, and whether any additional electronic equipment not required to be collected under the Electronic Waste Management Act will be accepted; (N.J.A.C. 7:26A-13.6(a)1iv)
- Certification that there will be no fee or cost charged to a consumer for the collection, transportation or recycling of any covered electronic device other than a fee for a premium service provided for in an approved collection plan – see attached Manufacturer/Group Plan Representative Collection Plan Certification Template. (N.J.A.C. 7:26A-13.6(a)1viii)
- Certification that all collection sites identified in the plan will be adequately staffed and secured, that all collected electronic devices will be adequately stored prior to transport to an authorized recycler and that all personal information contained on hard drives or similar data storage devices will be secured from access by the general public and any untrained persons or employees – see attached Manufacturer/Group Plan Representative Collection Plan Certification Template. (N.J.A.C. 7:26A-13.6(a)1iii, vii, x)
- A description of the collection methods to be utilized for consumers who are not physically able to travel to a collection site without assistance, as well as a description of the collection methods to be utilized for consumers who are not physically able to lift and move heavy (50 pounds in weight or heavier) or unwieldy covered electronic devices, including, but not limited to, flat screen televisions with screens greater than 40 inches measured diagonally and projection televisions. (N.J.A.C. 7:26A-13.6(a)1v, vi)
- Certification that each collector, transporter, or authorized recycler of covered electronic devices who is participating in a manufacturer’s or group of manufacturers’ approved collection plan is compliant with all applicable requirements of N.J.A.C. 7:26A-13.11 – see attached Manufacturer/Group Plan Certification Collection Plan Certification Template; (N.J.A.C. 7:26A-13.6(a)1xi)
- The methods that will be used to provide convenient collection of covered electronic devices, especially used televisions, for residents in densely populated areas of the State. (N.J.S.A. 13:1E-99.103 e (4)
- The name and street address of each authorized recycler to which collected covered electronic devices will be transported, as well as a description of the recycling processes and methods that will be used by each authorized recycler to recycle collected electronic devices. The collection plan must also include, for an authorized recycler located in a state other than New Jersey: a) A copy of the operating permit or approval issued by the state where the authorized recycler is located; b) Documentation that the facility is operating in accordance with all applicable rules and regulations; and c) A certification executed by the recycler stating that the recycler is aware of and has agreed to comply with the requirements of this subchapter – see attached Out-of-State Authorized Recycler Certification Template. (N.J.A.C. 7:26A-13.6(a)2i a., b. c. and 2ii). Please note that any authorized recyclers located in a state other than NJ that accepts covered electronic devices from a consumer shall register with the department and pay a registration fee of $15,000 (N.J.S.A 13:1E-99.105b ) .
- The processes and methods that will be used, if any, to recycle collected covered electronic devices, other than televisions, that are the subject of any vendor-to-business purchaser recycling arrangements into which the manufacturer has entered. (N.J.A.C. 7:26A-13.6(a)2iii)
- Certification that no collected covered electronic device has been handled in a manner that would violate N.J.A.C. 7:26A-13.7(f). (N.J.A.C. 7:26A-13.6(a)2iv)
- A description of the means that will be utilized to publicize the collection services, including a website or toll-free telephone number that provides information about the manufacturer’s recycling program in sufficient detail to inform a consumer how to return covered electronic devices for recycling, including any limitations placed by collectors on the number of covered electronic devices permitted for drop-off by consumers. (Note: Consumers will not be aware that ABC E-Waste Recycling Company is the authorized recycler for Manufacturer XYZ. As such, all manufacturer websites must include a recycling information weblink that directs consumers to their authorized recycler(s) website(s) and/or to the NJDEP’s electronic waste recycling webpage found at http://www.nj.gov/dep/dshw/ewaste/index.html. (N.J.A.C. 7:26A-13.6(a)3)
- A detailed explanation of how the manufacturer intends to fulfill its obligation, through its own operations, either individually or with other registered covered electronic device manufacturers, or by contract with for-profit or not-for-profit corporations, or local government units, including a commitment to provide for the collection of all types and all brands of covered electronic devices, including orphan devices. This explanation shall include, at a minimum, the anticipated collection amounts for each collection site. (N.J.A.C. 7:26A-13.6(a)4)
- The following certification: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.” - see attached Manufacturer/Group Plan Certification Collection Plan Certification Template (N.J.A.C. 7:26A-13.6(a)5)
- Certification that each manufacturer that is party to the collection plan is in compliance with N.J.A.C. 7:26A-13.7(d) which prohibits the sale or offer for sale in New Jersey of a new covered electronic device that is prohibited from sale in the European Union based on the excessive presence of heavy metals in the product, unless the covered electronic device is exempted from this prohibition. For any exempted covered electronic device, the manufacturer will include certification that the covered electronic device would have been in compliance with European Union standards for heavy metals, but for the inclusion of a substance in order to comply with the consumer, health or safety requirements of the Underwriters Laboratories or Federal or State law. - see attached Manufacturer/Group Plan Certification Collection Plan Certification Template (N.J.A.C. 7:26A-13.6(a)6)
Information About Confidentiality
- As per N.J.A.C. 7:26A-13.6(b) the Department will hold confidential any information obtained in connection with a collection plan submitted pursuant to this subchapter, if the Department determines, based upon a showing by the manufacturer, that the information, if made public, would divulge competitive business information, methods or processes entitled to protection as trade secrets of the registered manufacturer. A manufacturer asserting confidentiality shall submit its claim by following the procedures at N.J.A.C. 7:26-17.3.
Note: This provision is in addition to and shall not be deemed to limit any claims of confidentiality under the Open Public Records Act, N.J.S.A. 47:1A-1.1 et seq., or common law. (N.J.A.C. 7:26A-13.6b1)
- As per N.J.A.C. 7:26A-13.6(c) if a manufacturer asserts a claim of confidentiality pursuant to N.J.A.C. 7:26-17.3 for any part of a collection plan, it must submit two copies of its collection plan – one that omits the confidential information, and includes only the information for which no claim of confidentiality is being made, and a second that includes all the required collection plan information, including the information for which a claim of confidentiality is being made. The manufacturer shall certify both of these submittals.