Section 173-900-320. CEP recycling plan content.

(1) All plans must contain all of the following sections and required information:

(a) Binding agreement;

(b) Standard plan participant assessment of charges or apportionment of costs (standard plan only);

(c) Letter of certification (independent plan only);

(d) Use of Washington businesses;

(e) Collection services;

(f) Collectors;

(g) Transporters;

(h) Direct processors;

(i) Direct processor audit reports;

(j) Design for recycling;

(k) Direct processor contract face sheet;

(l) Recordkeeping;

(m) Implementation timeline;

(n) Public outreach and marketing requirements; and

(o) Fair compensation.

(2) A binding agreement: Each plan must include a written statement binding the authority or authorized party to the use of the plan.

(a) The binding agreement must be signed by:

(i) The person(s) designated by the board of the standard plan to sign such agreements on behalf of the authority; or

(ii) The person(s) designated by the authorized party for independent plans to sign such agreements on behalf of the authorized party.

(b) The binding agreement must include:

(i) Contact information for the authority or authorized party, including name, address, and phone number;

(ii) A list of all manufacturers participating in the plan, manufacturer electronic product registration (EPR) numbers issued by ecology, and their contact information of the responsible official, including their location address, mailing address (if different), phone number and e-mail address;

(iii) A statement that the plan members will comply with the terms and conditions of their ecology approved plan; and

(iv) A statement that in the event the plan fails to meet the manufacturers' obligations under this chapter, the manufacturers retain responsibility and liability, including financial liability, for the collection, transportation, processing, and recycling of their equivalent share of CEPs as described in this chapter.

(3) Standard plan participant assessment of charges or apportionment of costs: For the standard plan only, the plan must include the proposal for assessing charges and apportioning costs for manufacturers participating in the standard plan. This must include a description of what information or data the authority used to determine the charge or cost. This section of the plan may be submitted separate from the rest of the plan (see WAC 173-900-325).

(4) Letter of certification: For independent plans only, the plan must include a sworn letter from each of the manufacturers participating in the independent plan designating the authorized party.

(5) Use of Washington state businesses: A description of how the authority or authorized party has sought the use of businesses within the state, including retailers, charities, processors, and collection and transportation services.

(6) Collection services: A description of how the plan will meet the collection service requirements in WAC 173-900-355. At a minimum the authority or authorized party for each plan must work with the local government entities responsible for preparing local solid waste management plans.

(7) Collectors: Information about collectors providing collection services in subsection (6) of this section must include:

(a) Collector names and collector electronic product registration (EPR) numbers issued by ecology;

(b) Collection sites: Location and contact number for collection sites;

(c) Days and hours of operation for each site; and

(d) Types of CEPs collected.

(8) Transporters: Information about transporters providing transportation services for CEPs and components for the plan including:

(a) Transporter names and transporter electronic product registration (EPR) numbers issued by ecology;

(b) Counties and cities where the transporter provides service for the plan; and

(c) Types of CEPs transported.

(9) Direct processors: Information about direct processors of CEPs participating in the plan including:

(a) Direct processor names;

(b) Physical location of processing facilities;

(c) Contact information and mailing addresses for the processing facilities;

(d) Types of CEPs processed at each facility;

(e) A description of the processes and methods that each processor will use to recycle CEPs; and

(f) A written statement from the direct processor ensuring that the direct processor will comply with the performance standards for direct processors in WAC 173-900-650.

(10) Direct processor compliance audit reports: For each direct processor used by the plan include a compliance audit report that meets the requirements in WAC 173-900-365.

(11) Design for recycling: A description of how the plan participants will communicate and work with processors used by the plan to promote and encourage the design of electronic products that are less toxic and contain components that are more recyclable.

(12) Direct processor contract face sheet:

(a) Copies of the contract face sheet and signature sheet for each direct processor used by the plan; and

(b) If not included on the face sheet and signature sheet, the date of the start of the contract and the date of the conclusion of the contract.

(13) Recordkeeping: Procedures for how the authority or authorized party will collect and maintain records to meet and demonstrate compliance with the requirements of this chapter. Recordkeeping must include a description of the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share.

(14) Implementation timeline: A timeline describing start-up, implementation, and progress toward milestones with anticipated results.

(15) Public outreach and marketing requirements: A description of how the plan will meet the public outreach requirements in WAC 173-900-980.

(16) Fair compensation: Substantiate that fair compensation is paid to collectors, transporters and direct processors for all services provided to a plan and that payments to service providers will be made within thirty days net from date of shipment or other time frame defined in contractual arrangements.

[Statutory Authority: Chapters 70.95N, 70.105, and 70.105D RCW. WSR 07-21-013 (Order 07-05), § 173-900-320, filed 10/5/07, effective 11/5/07.]

Chapters 70.95N, 70.105, and 70.105D RCW. WSR 07-21-013 (Order 07-05), § 173-900-320, filed 10/5/07, effective 11/5/07.

Rules

173-900-325,173-900-355,173-900-650,173-900-365,173-900-980,