General Information
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
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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.
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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.
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Senate Bill 398
AN ACT to amend and reenact
§22-15A-2
and
§22-15A-22
of the Code of West Virginia, 1931, as
amended, relating to prohibiting disposal of certain items in landfills; prohibiting the disposal of covered
electronic devices; requiring the Solid Waste Management Board to create a program for the proper
handling of certain items; and requiring the secretary to promulgate a rule to implement and enforce
the disposal program.
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House Bill 4540
AN ACT to amend and reenact §22-15A-22 of the Code of West Virginia, 1931, as amended, relating to
removing prohibition of disposal of certain electronics in landfills; and permitting county or regional
solid waste authorities to prohibit disposal of covered electronics in landfills where they have
determined that a cost effective recycling alternative for handling covered electronic devices exists.
Manufacturer Registration
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.
For instructions on how to register, please email REAPCEDInfo@wv.gov or contact Laura Adkins at (304) 926-0499 x49723
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.
Penalties
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.
Retailer Information
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)
Penalties
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