| | | 5.__Documentation.__Documentation of the willingness of all | | parties involved in the producer's product recovery program to | | implement the proposed electronic equipment recovery and | | assurance that that system will comply with all applicable | | existing environmental laws and rules in the State; |
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| | | 6.__Performance measures.__A description of the performance | | measures to be used and reported by the producer to the | | department to demonstrate that the recovery system is meeting | | reuse and recycling rates under section 1319-GG, subsections 1 | | and 2, as well as other measures of the program's | | effectiveness as may be required by the department by rule.__ | | Rules adopted pursuant to this subsection are routine | | technical rules as defined in Title 5, chapter 375, subchapter | | 2-A; and |
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| | | 7.__Alternative actions.__A description of the alternative | | or additional actions that will be implemented by the producer | | to improve the recovery system in the event that the program | | targets are not met. |
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| | | Within 12 months of the effective date of this section, or | | upon approval of the plan, whichever is sooner, a producer of | | electronic equipment sold in the State shall provide to the | | department a financial guarantee to ensure that no costs for | | program evaluation or enforcement or for the management of | | orphaned waste and historic waste are borne by taxpayers. |
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| | | Any producer that fails to meet any of the requirements of | | this section within the required time frames is prohibited | | from selling electronic equipment in the State. |
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| | | §1319-CC.__Financial responsibility of producers |
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| | | 1.__Product recovery program.__Within 24 months of the | | effective date of this section, each producer shall implement | | a program for ensuring the environmentally sound collection, | | treatment, recovery and final disposition of electronic waste. |
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| | | 2.__Financing for producer's products.__A producer is | | responsible for financing the environmentally sound management | | of the electronic waste from its own products, but may execute | | this obligation through collective or individual financing | | schemes. |
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| | | 3.__Financing for orphaned waste and historic waste.__The | | responsibility for financing the management of orphaned waste | | and historic waste equipment must be shared proportionally to | | each producer's respective share of the market, by product | | type, at the time waste costs are incurred.__The department on | | an annual basis may adjust this proportional responsibility | | for orphaned waste and historic waste. |
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