Section 20-4100. REQUIREMENTS FOR ELECTRONIC MANUFACTURERS  


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    4100.1The rules in this chapter apply to manufacturers, partnerships, and representative organizations, as defined in § 4199.1.

     

    4100.2A manufacturer that sells less than one hundred (100) covered electronic equipment units in the District in the most recent calendar year shall:

     

    (a)Be exempt from labeling covered electronic equipment with a readily visible brand identifying the manufacturer;

     

    (b)Be exempt from submitting an application for registration, pursuant to D.C. Official Code § 8-1041.03(b); and

     

    (c)Submit a completed application for exemption on a form prescribed by the Department that shall include:

     

    (1)Relevant manufacturer contact information;

     

    (2)A list of brand names sold by the manufacturer in the District; and

     

    (3)Any other information needed in order for the Department to determine whether the applicant qualifies for the exemption.

     

    4100.3When submitting an annual exemption form the applicant shall calculate the units of covered electronic equipment sold in the District by:

     

    (a)Using District sales data; or

     

    (b)Multiplying the units of covered electronic equipment sold nationally with the quotient of the District’s population divided by the national population. Populations shall be estimated by using the most recent estimates provided by the United States Census Bureau.

     

    4100.4Except as provided in § 4100.5, when submitting an annual registration application or ensuring compliance with an applicant’s minimum collection share, the applicant shall calculate the weight and units of covered electronic equipment sold in the District by:

     

    (a)Using District sales data; or

     

    (b)Multiplying the weight or units of covered electronic equipment sold nationally with the quotient of the District’s population divided by the national population. Populations shall be estimated by using the most recent estimates provided by the United States Census Bureau.

     

    4100.5When ensuring compliance with an applicant’s minimum collection share, the applicant shall calculate the weight of covered electronic equipment sold to the governments of the United States and District of Columbia by using District sales data.

     

    4100.6Registration submitted in accordance with D.C. Official Code § 8-1041.03 shall be on a form prescribed by the Department.

     

    4100.7When a representative organization submits an implementation plan to the Department according to D.C. Official Code § 8-1041.03(b)(9), the applicant shall calculate the market share percentage of each manufacturer in the representative organization by:

     

    (a)Using District sales data; or

     

    (b)Multiplying the weight or units of covered electronic equipment sold nationally with the quotient of the District’s population divided by the national population. Populations shall be estimated by using the most recent estimates provided by the United States Census Bureau.

     

    4100.8The Department may request that registration applicants include data on covered electronic equipment sold in the District broken down by category of covered electronic equipment. If the Department requests such data, the applicant shall provide the units sold in each category and the collective weight of the units sold in each category.

     

    4100.9An applicant that discloses the end markets and electronic recyclers utilized in the previous calendar year shall include the contact information of the electronic recyclers.

     

    4100.10The Department may request that manufacturers submitting a registration application include additional information or data needed to implement the Act or this chapter.

     

    4100.11In accordance with D.C. Official Code § 8-1041.03(b)(8), the Department shall publish on its website a list of third-party accreditation certifications recognized by the Department.

     

    4100.12If more than one person is a manufacturer of a covered electronic equipment unit, any such person may assume the registration obligations of the Act or this chapter, however, if no such person assumes responsibility for the registration obligations, any and all such persons may be considered jointly and severally responsible for the registration obligations.

     

    4100.13In accordance with D.C. Official Code § 8-1041.07, the Department shall publish on its website a list of approved covered electronic equipment disposal methods.

     

     

authority

District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl. & 2016 Supp.)); the Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code §§ 8-1041.01 et seq. (2016 Supp.)); the Fiscal Year 2017 Budget Support Emergency Act of 2016, signed July 20, 2016 (D.C. Act 21-463; 63 DCR 9843 (July 29, 2016)); and Mayor’s Order 2015-250, dated December 8, 2015.

source

Final Rulemaking published at 63 DCR 14119 (November 18, 2016).