New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 13 - ELECTRONIC WASTE MANAGEMENT › Section 7:26A-13.9 - Requests for administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each year the Department will determine the collection obligation for each manufacturer of covered electronic devices to be used for the following program year.
(b) The Department will determine the collection obligation for each manufacturer of covered electronics other than televisions, that is, its return share by weight, using the following data and steps:
1. The return share of each manufacturer of covered electronic devices other than televisions, will be calculated as described at (b)4 below, using a sampling of covered electronic devices, other than televisions, collected from consumers in New Jersey during the previous program year, in accordance with the protocol set forth in (b)2 below. The sampling data will be used to extrapolate the number and weight of covered electronic devices other than televisions, including brand identification, if provided, collected from consumers in collections held throughout New Jersey. The Department will supplement the sampling data with the data from the most recent submission of the annual report and may also supplement it with the best available return share data in the United States, including data from other states, including, but not limited to, data from the Brand Data Management System (BDMS) developed by the National Center for Electronics Recycling (NCER). This BDMS data includes the number and weight of covered electronic devices other than televisions, including brand identification, if provided, collected from consumers in collections held throughout the United States. The BDMS data is available at
http://www.electronicsrecycling.org/BDMS/default.aspx
;
2. Sampling will be conducted at a minimum of six randomly selected collection sites, at least three of which will be located in Northern New Jersey and at least three of which will be located in Southern New Jersey. At each site, a minimum of 200 units of covered electronic devices other than televisions will be sampled to determine the brand and weight of each sampled device;
3. The Department will use the data collected pursuant to (b)1 above to:
i. Generate a list of brands and the weight of covered electronic devices other than televisions that are identified for each brand;
ii. Assign each identified brand to the appropriate manufacturer; and
iii. Determine the total weight of orphan devices;
4. Using the data in (b)3 above, the return share is calculated as follows:
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R = return share expressed as a percentage;
a
= the total weight of all of an individual manufacturer's brands;
b
= the total weight of all collected covered electronic devices, other than televisions; and
c
= the total weight of collected orphan devices;
5. The collection obligation of each manufacturer of covered electronic devices other than televisions for which a return share is determined, that is, its return share in weight, is determined as follows:
RW = R x TW
Where:
RW = return share in weight expressed in pounds;
R = return share expressed as a percentage, calculated at (b)4 above; and
TW = total weight in pounds of covered electronic devices other than televisions projected to be collected in New Jersey from consumers during the program year to which the return share in weight will apply, or the total weight in pounds of covered electronic devices other than televisions collected in New Jersey from consumers during the most recent program year for which the Department has data, as determined at (b)6 below; and
6. The Department will project the total weight in pounds of covered electronic devices other than televisions that will be collected in New Jersey from consumers during the following program year by calculating the sum of the weight in pounds of covered electronic devices other than televisions reflected in the most recently submitted manufacturers' annual reports.