2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 33 - Carpet Collection Program › 27-3305 - Producer Responsibilities.

* § 27-3305. Producer responsibilities.
1.  Beginning  not later than July first, two thousand twenty-six, the
producer or  representative  organization  shall  implement  the  carpet
collection  program  utilizing  collection sites established pursuant to
paragraph (d) of subdivision four of section 27-3303 of this title.
2. A producer shall not sell, or offer for sale, carpet to any  person
in  the state unless the producer is implementing or participating under
an approved plan.
3. The program shall be free to the consumer, convenient and  adequate
to  serve the needs of consumers in all areas of the state on an ongoing
basis.
4. A producer or representative organization  shall  maintain  records
demonstrating compliance with the provisions of this title and make them
available  for  audit  and  inspection by the department for a period of
three years. The department shall make such  records  available  to  the
public  upon  request  in  accordance  with  the provisions of the state
freedom of information law and the regulations  promulgated  thereunder.
Record  holders  shall  submit  the  records required to comply with the
request within  sixty  working  days  of  written  notification  by  the
department of receipt of the request.
5.  A producer or representative organization shall be responsible for
all costs associated with the implementation of  the  carpet  collection
program,  including  but  not  limited  to  the  cost  of  collection. A
producer, producers  or  representative  organization  shall  pay  costs
incurred by the department in the administration and enforcement of this
title.  Exclusive  of  fines and penalties, the department shall only be
reimbursed its actual cost of administration and enforcement.
6.  Any  person  who  becomes  a  producer  on   or   after   December
thirty-first,  two  thousand  twenty-five  shall  submit  a  plan to the
department, or notify the department that  it  has  joined  an  existing
plan, prior to selling or offering for sale in the state any carpet, and
shall comply with the requirements of this title.
7.  On  or  before July first, two thousand twenty-seven, and annually
thereafter, a producer or representative  organization  shall  submit  a
report to the department that includes, for the previous program year, a
description   of  the  program,  including,  but  not  limited  to,  the
following:
(a) a detailed description of the methods used to collect,  transport,
and  process carpet in the state, including detailing collection methods
made  available  to  consumers  and  an  evaluation  of  the   program's
collection convenience;
(b) identification of all collection sites in the state;
(c)  the weight of all of the producer's carpet collected in the state
by method of disposition, including reuse, recycling and  other  methods
of processing or disposal;
(d) an evaluation of whether the performance goals and recycling rates
have been achieved;
(e) the total cost of implementing the program;
(f)  samples  of all educational materials provided to consumers and a
detailed list of efforts undertaken and an  evaluation  of  the  methods
used  to  disseminate  such materials including recommendations, if any,
for how the educational component of the program can be improved; and
(g) any other information required by the department.
8.  On  or  before  January  first  of  each  program  year  following
implementation  of  the  plan pursuant to section 27-3303 of this title,
each producer, group of producers or representative  organization  shall
submit  a  report  to  the  department  that  assesses  compliance  with

performance goals and describes any modifications necessary  to  achieve
such goals.
* NB Effective December 28, 2024