West Virginia

Primary Contact
Niki Davis
Niki.N.Davis@wv.gov
304-926-0499, ext. 1137
Alternate Contact
Lisa Facemyer
Lisa.I.Facemyer@wv.gov
800-322-5530
Law ComponentAction Item/AnswerNotes
Products Covered Desktops, Laptops, Monitors, Televisions
Covered Entities Government, Household/Consumer, Non-profit/Charity, Schools, Small and Medium Size Businesses
Statute http://www.wvlegislature.gov/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB746%20SUB1.htm
Recycler Application or Registration Fee $0.00
State Program Year January 1 - December 31
Manufacturer Private Collection/Takeback/Recovery Program or Plan Deadline January 1
Annual Manufacturer Fee Deadline January 1 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. Registration is based on the number of CED's "manufactured" by the manufacturer NOT on the number of CED's "sold" within West Virginia. All registration fees collected shall be deposited in the Covered Electronic Devices Takeback Fund which is to be administered by the Department of Environmental Protection. Expenditures from the fund shall be for grants for recycling or other programs that divert covered electronic devices from the waste stream. 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.
Annual Manufacturer Registration Deadline January 1 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. Registration is based on the number of CED's "manufactured" by the manufacturer NOT on the number of CED's "sold" within West Virginia. All registration fees collected shall be deposited in the Covered Electronic Devices Takeback Fund which is to be administered by the Department of Environmental Protection. Expenditures from the fund shall be for grants for recycling or other programs that divert covered electronic devices from the waste stream. 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.
Manufacturer Reports Deadline February 15 WV requires annual reports from those manufacturers with approved takeback programs.
Screen Sizes Accepted 4 inches or larger
Retailer Requirements All retailers within West Virginia must report to the West Virginia Department of Environmental Protection any brand of CED that is in non compliance of the WV CED Registration.  Please check the Manufacturer Compliance List located on the website.  If a brand is not listed or in noncompliance please report information to the WV CED Takeback/Recycling Program. 
Alternate Contact Lisa Facemyer
Lisa.I.Facemyer@wv.gov
800-322-5530
Target Type N/A
Primary Contact Niki Davis
Niki.N.Davis@wv.gov
304-926-0499, ext. 1137
Manufacturer Notice To Retailers No
Disposal/Landfill/Waste Stream Ban No
ERCC EcycleRegistration Accepted No
Manufacturer Recycling Obligation or Goal No
Manufacturer Shortfall Fees No
Market Share No
Modification Forms Required For Changes to Existing Manufacturer Registrations No
Manufacturer Buying/Selling Pounds/Credits No
Recycler Application or Registration Required No
Written Notice About Recycler/Collector (Municipal) Relationship No
Collection Fees No
Collector Registration Required No
Collector or Municipal Plan Required No
Collection Limit None
Pounds Collection Target for Manufacturers none
Manufacturer Registration Required Yes
Paper Manufacturer Registrations Accepted Yes
Product Labeling Required Yes
Enforcement Authority for Sale of Unregistered Products Yes 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. 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.
Initial Manufacturer Registration/Fee Required Yes 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. All registration fees collected shall be deposited in the Covered Electronic Devices Takeback Fund which is to be administered by the Department of Environmental Protection. Expenditures from the fund shall be for grants for recycling or other programs that divert covered electronic devices from the waste stream.
Manufacturer Private Collection/Takeback/Recovery Program or Plan Yes The manufacturer has two options in the registration process.  The first option is that the manufacturer implements a takeback program for their products that is completely free to the customer, including shipping, which allows the manufacturer to pay a lower registration fee.  Manufacturers are required to provide a toll free number and website address detailing program information on their takeback process. The second option is that the manufacturer does not implement a takeback program and pays a higher registration fee.
   


Electronics Recycling Coordination Clearinghouse (ERCC)

139 Main Street, Suite 401
Brattleboro, VT 05301
https://www.ecyclecleclearinghouse.org

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e-Cycle Compliance Calendar © 2019

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