Section 20-4102. REGISTRATION AND SHORTFALL FEES

 

4102.1Manufacturers, representative organizations, and partnership organizations shall include the following registration fee when submitting an annual registration application:

 

(a)For an individual manufacturer that sold at least one hundred (100) units but less than two hundred and fifty (250) units of covered electronic equipment in the District in the previous calendar year, the individual manufacturer’s application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of five hundred dollars ($500);

 

(b)For an individual manufacturer that sold two hundred and fifty (250) or more units of covered electronic equipment in the District in the previous calendar year, the individual manufacturer’s application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of one thousand seven hundred and fifty dollars ($1,750);

 

(c)A representative organization’s application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of ten thousand dollars ($10,000); and

 

(d)A partnership’s application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee equal to the sum of its member manufacturers’ registration fees, or seventeen thousand five hundred dollars ($17,500), whichever is less.

 

4102.2For an application for registration properly submitted on or after January 1, 2018, if a manufacturer or partnership did not comply with D.C. Official Code § 8-1041.05(a)(1) or (2) in the previous calendar year from when the registration is due, the manufacturer’s or partnership’s application for registration under § 8-1041.03 shall be accompanied by a shortfall fee determined by the following:

 

(A-B)*C=D

 

E/D=F

 

where:

 

A= The average annual sales in pounds of the manufacturer’s covered electronic equipment for the appropriate reporting years, as established by D.C. Official Code § 8-1041.05;

 

B=  The average annual sales in pounds of the manufacturer’s covered electronic equipment to the District and federal government for the appropriate reporting years, as established by D.C. Official Code § 8-1041.05;

 

C= The collection percentage, as established by D.C. Official Code § 8-1041.05;

 

E= The amount of covered electronic equipment in pounds the manufacturer or partnership collected in the District in the previous calendar year from when registration is due;

 

F= The percent that a manufacturer has exceeded or fallen short of its minimum collection share, which is subject to shortfall fees

(a) If F is greater than or equal to 90% but less than 100%, the shortfall fee is

(D-E)*$0.30;

 

(b) If F is greater than or equal to 50% but less than 90%, the shortfall fee is

(D-E)*$0.40; and

 

(c) If F is less than 50%, the shortfall fee is (D-E)*$0.50.

 

4102.3 Beginning in 2017, the Department may annually adjust registration application fees and shortfall fees based on the change in the Consumer Price Index value published by the U.S. Department of Labor for all-urban consumers.

 

4102.4If a manufacturer or partnership counts the collection of a single item of covered electronic equipment as twice its weight when that item is donated free of charge for reuse to the District’s public or charter schools, to public or charter schools in counties adjoining the District, or to any nonprofit organization with a principal mission of assisting low-income children or families per D.C. Official Code § 8-1041.05(b)(2), the Department may request from the manufacturer or partnership:

 

(a)Documentation of the donation, which shall include the recipient’s written acceptance of the donation on a form stating that the covered electronic equipment is:

 

(1)No more than three (3) years old; and

 

(2)In full working condition;

 

(b)The name and address of the recipient school or organization; and

 

(c)Relevant contact information from the recipient school or organization.

 

 

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).