New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the meanings set forth below. Any term used in this subchapter that is not defined in this section but that is defined in N.J.A.C. 7:26 or 7:26A-1.3 shall have the same meaning as in that chapter or section. If any of the words or terms defined below are defined differently at N.J.A.C. 7:26 or at N.J.A.C. 7:26A-1.3, the definitions at 7:26A-13.2 will apply to the use of those words or terms in N.J.A.C. 7:26A-13.
"Authorized recycler" means a person who is not committed to a jail, prison, or other institution for the detention of persons charged with or convicted of an offense, who:
1. Engages in the manual or mechanical separation of covered electronic devices to recover components and commodities contained therein for the purpose of re-use or recycling; or
2. Changes the physical or chemical composition of a covered electronic device by deconstructing, reducing the size, crushing, cutting, sawing, compacting, shredding, or refining, for the purpose of segregating components and for the purpose of recovering or recycling those components, and who arranges for the transport of those components to an end user.
"Brand" means a symbol, word or mark that identifies a covered electronic device. A symbol, word or mark that identifies only a component of a covered electronic device, and not the covered electronic device as a whole, is not the brand of the covered electronic device unless the device as a whole is so identified.
"Brand list" means, for a manufacturer of covered electronic devices, including televisions, a list of every brand under which the covered electronic devices manufactured by the manufacturer are sold, regardless of whether the manufacturer owns or licenses the brand.
"Business concern" means any corporation, association, firm, partnership, sole proprietorship, trust or other form of commercial organization. "Business concern" does not include a small business enterprise.
"Cathode ray tube" means a vacuum tube or picture tube used to convert an electronic signal into a visual image.
"Collection obligation" means the return share in weight or the television collection share in weight identified for an individual manufacturer.
"Collection plan" or "plan" means a plan for collecting, transporting, and recycling covered electronic devices prepared pursuant to N.J.S.A. 13:1E-99.9 6e and 99.103a, and this subchapter.
"Collector" means a facility specified in a manufacturer's approved collection plan that receives and accumulates covered electronic devices prior to their transportation to an authorized recycler. Collector includes, but is not limited to, a solid waste transfer station or materials recovery facility, a solid waste sanitary landfill, a universal waste handler, a Class D recycling center, a retailer, or any other entity specified in a manufacturer's approved collection plan.
"Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that is designed to perform a logical, arithmetic, or storage function, and may include both a computer central processing unit and a monitor. Computer does not include an automated typewriter or typesetter, a portable handheld calculator, a portable digital assistant or other similar device.
"Consumer" means a person who purchases a covered electronic device in a transaction that is a retail sale. Consumer does not include any business concern purchasing covered electronic devices.
"Covered electronic device" means a desktop or personal computer, computer monitor, portable computer, or television sold to a consumer. A covered electronic device does not include any of the following:
1. An electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including a replacement part for use in a motor vehicle;
2. An electronic device that is functionally or physically a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment;
3. An electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or
4. A telephone of any type, unless it contains a video display area greater than four inches measured diagonally.
"Gross television recycling goal" means the overall goal established by the Department for the collection, transport and recycling of televisions for each program year, expressed in pounds and determined in accordance with 7:26A-13.9(d).
"Local government unit" means any county or municipality, or any agency, instrumentality, authority, or corporation of any county or municipality, including, but not limited to, sewerage, utilities, and improvement authorities, or any other political subdivision of the State.
"Manufacturer" means any person:
1. Who manufactures or manufactured covered electronic devices under a brand that it owns or owned or is or was licensed to use, other than a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor;
2. Who sells or sold covered electronic devices manufactured by others under a brand that the seller owns or owned or is or was licensed to use, other than a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor;
3. Who manufactures or manufactured covered electronic devices without affixing a brand;
4. Who manufactures or manufactured covered electronic devices to which the person affixes or affixed a brand that the person neither owns or owned nor is or was licensed to use;
5. For whose account covered electronic devices manufactured outside the United States are or were imported into the United States, provided however, if, at the time of importation, another person has registered as the manufacturer of the brand of the covered electronic devices pursuant to N.J.S.A. 13:1E-99.1 02, then part 5 of this definition shall not apply; or
6. Who assumes the obligations and responsibilities for a manufacturer pursuant to paragraphs 1 through 5 of this definition.
"Market share" means a television manufacturer's national sales of televisions, expressed as a percentage of the total of all television manufacturers' national sales, based on the best available public data.
"Monitor" means a separate video display component of a computer containing a cathode ray tube or any other type of display, including, but not limited to, a liquid crystal display, gas plasma, digital light processing, or other image projection technology, that:
1. Is sold separately or sold together with a computer central processing unit and computer box; and
2. Includes its case, the interior wires and circuitry, the cable to the central processing unit and the power cord.
"Orphan device" means a covered electronic device for which no manufacturer can be identified, or for which the original manufacturer no longer exists.
"Person" means an individual, trust firm, joint stock company, business concern, and corporation, including, but not limited to, a government department, partnership, limited liability company, or association.
"Portable computer" means a computer and a video display greater than four inches in size, including a laptop computer, that can be carried as one unit by an individual.
"Premium service" means a collection service provided under an approved collection plan that exceeds the requirements in the Electronic Waste Management Act, N.J.S.A. 13:1E-99.9 4 et seq., for a convenient collection system, including, but not limited to, the collection of a covered electronic device from a consumer's residence.
"Program year" means a full calendar year, running from January 1 through December 31.
"Purchase" means the taking, by sale, of title in exchange for consideration.
"Recycling" means any process by which materials that would otherwise become solid waste are collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products. Recycling does not include energy recovery or energy generation by means of incinerating electronic waste, whether apart from or in combination with other wastes.
"Retail sale" means the sale of a covered electronic device through sales outlets, via the Internet, mail order, or other means, whether or not the retailer has a physical presence in this State.
"Retailer" means a person who owns or operates a business that sells new covered electronic devices in this State by any means to a consumer.
"Return share" means the proportion of covered electronic devices, other than televisions, that an individual manufacturer of covered electronic devices other than televisions is responsible to collect, transport, and recycle, as determined by the Department pursuant to N.J.A.C. 7:26A-13.9.
"Return share in weight" means the total weight of an individual manufacturer's return share.
"Sale" or "sell" means any transfer for consideration of title, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means, and excluding leases.
"Small business enterprise" means any business that has its principal place of business in this State, is independently owned and operated, and employs the equivalent of fewer than 50 full-time employees.
"Television" means a stand-alone display system containing a cathode ray tube or any other type of display that:
1. Is primarily intended to receive video programming via broadcast;
2. Has a viewable area greater than four inches measured diagonally; and
3. Can display standard consumer video formats, receive and display different broadcast channels and support sound capability.
"Television collection share" means the proportion of televisions that an individual manufacturer is responsible to collect, transport, and recycle, as determined by the Department pursuant to 7:26A-13.9.
"Television collection share in weight" means the total weight of an individual television manufacturer's television collection share.
"Television manufacturer" means a manufacturer of televisions offered for sale for delivery in New Jersey.
"Transporter" means a person engaged in the transportation of covered electronic devices off the collection site, by any means, including by air, rail, highway, or water.
"Vendor-to-business purchaser recycling arrangement" means an arrangement between a business concern that purchases or leases a covered electronic device and the manufacturer of the device, whereby the manufacturer, for an additional fee or otherwise, commits to accept for recycling the purchased or leased covered electronic device when the business concern determines that it no longer has use for the device.
"Video display" means an output surface having a viewable area greater than four inches when measured diagonally that displays moving graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen in fast succession to create the illusion of motion, including, if applicable, a device that is an integral part of the display and cannot be easily removed from the display by the consumer and that produces the moving image on the screen. A video display typically uses a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image projection technology.