2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 33 - Carpet Collection Program › 27-3303 - Producer Plan.

* § 27-3303. Producer plan.
1.  No  later  than December thirty-first, two thousand twenty-five, a
producer,  either  individually  or  cooperatively  with  one  or   more
producers,   or  a  representative  organization  shall  submit  to  the
department for the department's approval a plan for the establishment of
a carpet collection  program  that  meets  the  collection  requirements
described in this section.
2. A producer may satisfy the carpet collection program requirement of
this   section  by  agreeing  to  participate  collectively  with  other
producers. Any such collective carpet collection  program  shall  notify
the department.
3. A producer or representative organization shall update the plan, as
needed,  when  there  are changes proposed to the current program. A new
plan or amendment will be required to be submitted to the department for
approval when:
(a) there is a revision of the program's goals; or
(b) every three years from the date of approval of a previous plan.
4. The plan submitted by the producer or  representative  organization
to the department under this section shall, at a minimum:
(a)  provide  a list of each participating producer and brands covered
by the program;
(b) provide information on the products covered by the program;
(c) describe how the  producer  or  representative  organization  will
collect, transport, recycle, and process carpet;
(d)  describe how the program will provide for collection of carpet in
the state, free of cost and in a  manner  convenient  to  consumers  and
carpet installers, including how the program will achieve, at a minimum,
a  convenience standard which ensures that all counties of the state and
all municipalities which have a population of ten  thousand  or  greater
have at least one permanent collection site and one additional permanent
collection site for every thirty thousand people located in those areas,
that  accepts  carpet  from  consumers  during  normal  business  hours;
however, with respect to a city having a population of  one  million  or
more, after consultation with the department of sanitation of such city,
the  department  may  otherwise  establish  an  alternative  convenience
standard. The producer or representative organization may coordinate the
program with existing municipal waste collection  infrastructure  as  is
mutually  agreeable.  Convenience  standards  shall  be evaluated by the
department  periodically  and  the  department  may  require  additional
collection locations to ensure adequate consumer convenience;
(e)  describe  in  detail  education  and  outreach  efforts to inform
consumers, carpet installers and others engaged  in  the  management  of
discarded  carpet about the program including, at a minimum, an internet
website  and  a  toll-free  telephone  number  and  written  information
included  at  the  time  of  sale  of  carpet  that  provides sufficient
information to allow a consumer to learn how to return such  carpet  for
disposal, recycling or reuse;
(f)  describe  the  methods  to  be used to reuse or recycle discarded
carpet;
(g) describe the methods to be used to manage or dispose of  discarded
carpet that cannot be recycled or reused;
(h)  describe  how  the program will meet annual performance goals, as
determined by the department, provided that at a  minimum,  the  program
shall achieve the following recycling rates:
(i)  a  thirty percent recycling rate for carpets of which ten percent
shall be closed-loop recycling by five years after the plan is  approved
by the department pursuant to section 27-3309 of this title;
(ii)  a  fifty  percent  recycling  rate  for  carpets of which twenty
percent shall be closed-loop recycling by ten years after  the  plan  is
approved  by  the  department pursuant to section 27-3309 of this title;
and
(iii)  a  seventy-five  percent  recycling  rate for carpets, of which
forty percent shall be closed-loop recycling by fifteen years after  the
plan  is  approved by the department pursuant to section 27-3309 of this
title;
(i) describe what, if  any,  incentives  will  be  used  to  encourage
retailer participation;
(j)  describe  the outreach and education methods that will be used to
encourage municipal landfill and transfer station participation;
(k) describe the sources of data and methodology  for  estimating  the
amount of carpet discarded in the state annually; and
(l) any other information as specified by the department.
* NB Effective December 28, 2024