Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 8.2. Electronic Waste Recovery and Recycling

Article 3. Manufacturer Reporting

Section 18660.41. Reporting Requirements.
Each manufacturer as defined by Section 42463(n) of the Public Resources Code shall submit an annual report to the CIWMB on or before July 1, 2005, and annually thereafter, for the period of the previous calendar year. Each manufacturer shall report information by brand name of covered electronic devices sold in the state.

(a) The report shall include the following:

(1) Name and address of the manufacturer; and name, address, phone number, and email address for a contact person of the manufacturer.

(2) The information elements, as described in Section 42465.2 of the Public Resources Code and specified in Sections 18660.41(b) through (f), below.

(b) The sales reporting shall include:

(1) Data on the number of covered electronic devices sold in the state by product category.

(2) An explanation of the methodology used to estimate data.

(c) The materials reporting shall include:

(1) An estimated average amount in milligrams for mercury, cadmium, lead, hexavalent chromium, including their alloys and compounds, and PBBs used in covered electronic devices, and all their component parts by product category.

(2) Estimates may be based on either physical testing or maximum tolerance levels of the material in product design specifications.

(3) An explanation of the methodology used to estimate data.

(d) Recyclable content reporting shall include:

(1) Estimates on the amount in tons of recyclable content materials (e.g., plastics, glass, and metals) contained in covered electronic devices;

(2) The increase from the previous year in the use of recyclable content materials; and

(3) An explanation of the methodology used to estimate recyclable content.

(e) Design for recycling reporting shall include:

(1) Information on current activities and future plans related to the design of covered electronic devices, including but not limited to, the following:

(A) Ease of disassembly of covered electronic devices;

(B) Identification of resin types; and

(C) Improved materials efficiency through reduction in hazardous materials use or other approaches.

(f) List of retailers noticed pursuant to Section 42465.2(a)(1)(E) of the Public Resources Code shall include:

(1) The contact information used by the manufacturer to perform the notice, such as the name, address, contact person, phone number and/or email address of the retailer to which the notice was made.

(2) The list of covered products contained in the notice.

(g) Manufacturers shall individually submit to the CIWMB samples of the consumer information and description of all methods used to comply with Section 18660.42 of this Chapter. Manufacturers shall submit this information at the same time they comply with Section 18660.41(a) through (e), above.

(h) Each manufacturer shall maintain the report and all supporting documentation for three years after the report is submitted. If the CIWMB or DTSC requests a copy of the supporting documentation the manufacturer shall submit the supporting documentation within 10 days of the request.

(i) Each manufacturer shall provide a certification under penalty of perjury that the information is true and correct.

(j) Collective reporting--Compliance with the reporting required in Sections 18660.41(b) through (f), above, is the individual responsibility of each manufacturer. A manufacturer may comply with the reporting requirements in subsections (b) and (c), above, by submitting a collective report for the subsections containing sales and materials information, if the following conditions are met:

(1) A collective report must contain all of the information required in Sections 18660.41(b) and (c), above, but may combine the information for those manufacturers submitting information for the collective report;

(2) The collective report shall contain a list of all manufacturers whose reports are included in the collective report. This list shall include the name of the manufacturer and address of the manufacturer; and name, address, phone number, and email address for a contact person of the manufacturer;

(3) Each manufacturer shall provide a certification under penalty of perjury that the information provided for the collective report is true and correct; and

(4) Notwithstanding Section 18660.41(j)(1) through (3), above, the CIWMB may request, on a case-by-case basis, a manufacturer to submit an individual report with the information required in Sections 18660.41(b) and (c), above, and all supporting documentation of the information contained in the report. In response to CIWMB's request, the manufacturer shall submit an individual report and supporting documentation within ten days of receiving the CIWMB's request.

Note:

Authority cited:
Sections 40502, 42475(b), and 42475.2, Public Resources Code.

Reference:
Section 42465.2, Public Resources Code.

Article 4. Consumer Information Required of a Manufacturer

Section 18660.42. Requirements.
A manufacturer shall do the following:

(a) Make the consumer information required by Section 42465.2(a)(2) of the Public Resources Code available in English and Spanish; and

(b) If a manufacturer uses a centralized database or Internet site to meet the requirement in (a), the manufacturer must maintain the databases or Internet site for their accuracy.

Note:

Article 5. Confidential, Proprietary and Trade Secret Information

Section 18660.43. Requirements.
The protection from disclosure of information or the disclosure of information submitted to the CIWMB by a collector, a recycler, or a manufacturer of covered electronic devices, pursuant to this Chapter, shall be governed by the standards adopted by the Board found at Sections 17041 through 17046, of this Title.

Note:

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