NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
ENVIRONMENTAL MANAGEMENT
SOLID AND HAZARDOUS WASTE MANAGEMENT PROGRAM
COMPLIANCE AND ENFORCEMENT
DIVISION OF COUNTY ENVIRONMENTAL AND WASTE ENFORCEMENT

Notice of Rule Proposal
Electronic Waste Management Rules, N.J.A.C. 7:26A-13

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection (the Department) is proposing new rules and amendments for New Jersey’s Electronic Waste Management Program.

The Electronic Waste Management Act, (the Act), N.J.S.A. 13:1E-99.94 et seq., establishes a recycling program in New Jersey for the safe and environmentally sound management of end-of-life electronic devices and components, including televisions, referred to as “covered electronic devices.”  Manufacturers of covered electronic devices are required to register and pay a registration fee to the Department and establish a collection, transportation and recycling system for the recovery of computers and televisions.  The Act provides that the registration fees will be used to fund the Department’s administration of the program.  The Act also bans the disposal of covered electronic devices as solid waste, beginning in 2011, prohibits the sale of covered electronic devices in New Jersey that are not properly labeled to reflect the brand of the device and prohibits retailers from selling new covered electronic devices in New Jersey that are supplied by a manufacturer who is not in compliance with the Act.

The proposed new rules and amendments set out requirements for an approvable recycling plan, set forth how the Department will determine the recycling obligation of a manufacturer of covered electronic devices manufactured for sale for delivery in New Jersey, and give direction regarding submittal of payments and electronic documents. 

Please also take notice that the Department is seeking comment on the implementation of a provision of the Act relating to the accumulation of credits that may result when a manufacturer collects transports and recycles covered electronic devices in excess of its collection obligations. 

The proposal and the notice soliciting comment on the credit trading program are scheduled to be published in the New Jersey Register dated August 15, 2011.  A copy of the proposal and of the notice is available from:  DEP website (Proposal, PDF) AND (Notice, PDF), as well as from LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore.  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.  In addition, LexisNexis provides free on-line public access to the New Jersey Administrative Code and the New Jersey Register at http://www.lexisnexis.com/njoal.

Written comments on the proposal may be submitted by October 14, 2011 to:

Janis Hoagland, Esq.
ATTN: (DEP Docket No. 11-11-07)
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L
401 East State Street, 4th Floor
PO Box 402
Trenton, NJ 08625-0402

Written comments on the credit trading program may be submitted by September 14, 2011 to:

New Jersey Department of Environmental Protection
Solid and Hazardous Waste Management Program
Bureau of Recycling and Planning
Mail Code 401-02C
401 East State Street
P.O. Box 420
Trenton, NJ 08625-0420
Attn:  Guy Watson, Chief