Senate Bill 746, which became effective June 6, 2008, requires each manufacturer wishing to sell or lease covered electronic devices to register with the
West Virginia Department of Environmental Protection no later than the first day of January, 2009 and each year thereafter.
Rules and Law
Senate Bill No. 746
AN ACT to amend and reenact §22-15A-2 and §22-15A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §22-15A-24, §22-15A-25, §22-15A-26, §22-15A-27, §22-15A-28 and §22-15A-29, all relating to implementing a takeback program for certain electronic devices with manufacturers; providing incentives for recycling certain electronics; providing an opportunity for counties and municipalities to increase recycling efforts; establishing a registration program for manufacturers of certain electronic goods; assessing registration fees; authorizing civil and administrative penalties; and requiring rulemaking.
Title 33 Legislative Rule - Covered Electronic Devices Takeback Program
The effective date for the new legislative rule was April 15, 2010. The goal of this law is to establish a registration process for manufacturers of covered electronic devices, to determine if manufacturers have adopted or implemented a takeback/recycling program for their products that is free to the public and to award recycling grants to counties and municipalities for recycling or other programs that divert covered electronic devices from the waste stream.
Any manufacturer that manufactured an average of more than one thousand covered electronic devices (CED's) per year in the past three-year period is required to
register with the state of West Virginia. If a manufacturer has not manufactured more than one thousand CED's per year in the past three-year period a
letter of explanation must be sent to the West Virginia Department of Environmental Protection for compliance purposes.
Note: Registration is based on the number of CED's "manufactured" by the manufacturer NOT on the number of CED's "sold" within West Virginia.
If a takeback or recycling program has been implemented, the manufacturer must provide a toll-free number and website address that provides information about the program, including a detailed description of how a person may return a CED. Please include a direct link to the recycling information and not merely to the manufacturer's main page.
If a registration does not meet the requirements of Senate Bill 746, the manufacturer will be notified of the insufficiency. Within sixty days after receipt of a notice of insufficiency, the manufacturer shall submit a revised registration that addresses the insufficiencies.
CED Resources for Manufacturers
Required Initial Registration
A fee of $10,000 is required if an approved takeback or recycling program is not established within West Virginia.
A fee of $3,000 is required if an approved takeback or recycling program has been implemented in the prior year within West Virginia.
Required Subsequent Annual Registration
A fee of $5,000 is required if an approved takeback or recycling program is not established within West Virginia.
A fee of $500 is required if an approved takeback or recycling program has been implemented in the prior year within West Virginia.
A manufacturer who violates any provision of Senate Bill 746 is liable for a civil penalty not to exceed ten thousand dollars.
Under Administrative action, the penalty imposed on a person shall be up to one thousand dollars for each violation, but not to exceed a total of fifty thousand dollars a year.
All retailers within West Virginia must report to the West Virginia Department of Environmental Protection any brand of CED that is in non-compliance with the WV CED Registration.
Please check the Manufacturer Compliance List located on this website. If a brand is not listed or in noncompliance please report information to the WV CED Takeback/Recycling Program. (See contact information)
Under Senate Bill 746, any retailer that sells covered electronic devices not authorized for sale in this state may be subject to penalties
and fines not to exceed $5,000 for the year.
CED Resources for Retailers
Covered Electronic Devices Grant Program
All registration fees collected shall be deposited in the Covered Electronic Devices Takeback Fund which is to be administered by the
Department of Environmental Protection. Expenditures from the fund shall be for grants for recycling or other programs that divert covered
electronic devices from the waste stream.
Only municipalities, county commissions or county solid waste authorities are eligible to apply for these grants.
CED Recycling Grants are limited to a maximum amount of $40,000 which shall be awarded on a tiered matching basis. The first $20,000 of a
grant shall not require the grantee to provide matching funds. Any amount over the first $20,000 of a grant shall be matched by the grantee
on a dollar-to-dollar basis.
CED Grant Program Resources