CHAPTER 1. REGISTRATION PROGRAMS
IC 13-20.5
ARTICLE 20.5. ELECTRONIC WASTE
IC 13-20.5-1
Chapter 1. Registration Programs
IC 13-20.5-1-1
Registration deadlines; information to be included in registration;updates
Sec. 1. (a) A manufacturer of video display devices sold oroffered for sale to households as of January 1, 2010, shall submit aregistration to the department not later than:
(1) April 1, 2010, for the program year that begins on April 1,2010; and
(2) each immediately succeeding April 1 on which themanufacturer continues as a manufacturer of video displaydevices sold or offered for sale to households for the programyear that begins on that April 1.
(b) A manufacturer that begins to sell or offer for sale videodisplay devices to households after 2009 and before April 1, 2010,shall submit a registration to the department not later than:
(1) April 20, 2010, for the program year that begins on April 1,2010; and
(2) each immediately succeeding April 1 on which themanufacturer continues as a manufacturer of video displaydevices sold or offered for sale to households for the programyear that begins on that April 1.
(c) A manufacturer that begins to sell or offer for sale videodisplay devices to households after March 31, 2010, shall submit aregistration to the department not later than:
(1) twenty (20) days after the date the manufacturer begins tosell or offer for sale the video display devices for the programyear in which the manufacturer begins to sell or offer for salethe video display devices; and
(2) each immediately succeeding April 1 on which themanufacturer continues as a manufacturer of video displaydevices sold or offered for sale to households for the programyear that begins on that April 1.
(d) A registration submitted under this section must include thefollowing:
(1) A list of the brands of video display devices offered for salein Indiana by the manufacturer, regardless of whether themanufacturer owns or licenses the brand.
(2) The name, address, and contact information of a personresponsible for ensuring compliance with this article. Thedepartment shall post the contact information provided by eachmanufacturer on an Internet web site.
(3) A certification that the manufacturer or the manufacturer'sagent has complied and will continue to comply with therequirements of this article. (4) An estimate based on national sales data of the total weightin pounds of the manufacturer's video display devices sold tohouseholds during the most recent twelve (12) months:
(A) that precede the date of registration; and
(B) for which that data is available.
(5) A demonstration of how the manufacturer plans in theprogram year for which the registration is submitted to meet therecycling goal stated in IC 13-20.5-4-1.
(6) A statement that discloses whether:
(A) any video display devices sold by the manufacturer tohouseholds exceed the maximum concentration valuesestablished:
(i) for lead, mercury, cadmium, hexavalent chromium,polybrominated biphenyls (pbbs), and polybrominateddiphenyl ethers (pbdes); and
(ii) under the directive restricting the use of certainhazardous substances in electrical and electronicequipment (RoHS Directive) 2002/95/EC of the EuropeanParliament and Council, as amended; or
(B) the manufacturer has received an exemption from any ofthe maximum concentration values under the RoHSDirective that has been approved and published by theEuropean Commission.
(e) A manufacturer shall update the manufacturer's registrationunder this section not more than ten (10) days after the date themanufacturer changes the brand or brands of video display devicesthe manufacturer sells or offers for sale to households.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-1-2
Requirements for sale of video display devices from manufacturerto retailer
Sec. 2. After 2009, a manufacturer may not sell, offer for sale, ordeliver to a retailer for subsequent sale a new video display deviceunless:
(1) the video display device is labeled with the manufacturer'sbrand that is permanently affixed and readily visible; and
(2) the manufacturer has submitted a registration to thedepartment under section 1 of this chapter.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-1-3
Registration applies to program year; department review andlisting of manufacturers and brands
Sec. 3. (a) A registration received from a manufacturer by thedepartment under this chapter is, except as provided in subsection(b), effective for the program year for which the registration issubmitted under section 1 of this chapter.
(b) The department shall review each registration and notify amanufacturer of any information required by this chapter that is
omitted from the manufacturer's registration. Not more than thirty(30) days after the date a manufacturer receives notification from thedepartment concerning incomplete information in the manufacturer'sregistration, the manufacturer shall submit a revised registration thatincludes the information required by the department. A registrationreceived from a manufacturer by the department under thissubsection is, unless the manufacturer receives a second orsubsequent notification from the department concerning incompleteinformation, effective for the program year for which the registrationis submitted under section 1 of this chapter.
(c) The department shall maintain on an Internet web site thenames of manufacturers and the manufacturers' brands listed inregistrations submitted to the department. The department shallupdate the Internet web site information promptly upon receipt of anew or updated registration. The Internet web site must containprominent language stating that:
(1) this article is directed at video display devices used byhouseholds; and
(2) the manufacturers' brands list is not a list of manufacturersqualified to sell to industrial, commercial, or other marketsidentified as exempt from the requirements of this article.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-1-4
Requirements to operate as collector; effective period ofregistration
Sec. 4. (a) After 2009, a person may not operate as a collector ofcovered electronic devices from covered entities unless the person:
(1) has submitted to the department a completed registrationform as required by 329 IAC 16-5-1; and
(2) otherwise complies with 329 IAC 16.
(b) A registration submitted under this section is:
(1) effective upon receipt by the department; and
(2) valid for one (1) year from the date the registration issubmitted to the department.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-1-5
Requirements to operate as recycler; effective period ofregistration
Sec. 5. (a) After 2009, a person may not recycle coveredelectronic devices generated by covered entities unless the person:
(1) has submitted to the department a completed registrationform as required by 329 IAC 16-5-1; and
(2) otherwise complies with 329 IAC 16.
(b) A registered recycler may conduct recycling activities that areconsistent with this article.
(c) A registration submitted under this section is:
(1) effective upon receipt by the department; and
(2) valid for one (1) year from the date the registration is
submitted to the department.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-1-6
Department may revoke collector or recycler registration
Sec. 6. The department may revoke the registration of a collectoror recycler that violates either or both of the following:
(1) This article.
(2) 329 IAC 16.
As added by P.L.178-2009, SEC.27.