State Detail

West Virginia

Primary Contact

Laura Adkins
laura.l.adkins@wv.gov
304-926-0499, ext. 49723

Alternate Contact(s)

Travis Cooper
travis.l.cooper@wv.gov
304-926-0499, ext. 49754

Law Component	Action Item/Answer
Alternate Contact	Travis Cooper travis.l.cooper@wv.gov 304-926-0499, ext. 49754
Annual Manufacturer Fee Deadline	January 1, 2023 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, 2023 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.
Collection Fees	No
Collection Limit/Requirements	None
Collector or Municipal Plan Required	No
Collector Registration Required	No
Covered Entities	Government, Household/Consumer, Non-profit/Charity, Schools, Small and Medium Size Businesses
Disposal/Landfill/Waste Stream Ban	No
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.
ERCC EcycleRegistration Accepted	No
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 Buying/Selling Pounds/Credits	No
Manufacturer Notice To Retailers	No
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.
Manufacturer Private Collection/Takeback/Recovery Program or Plan Deadline	January 1, 2023
Manufacturer Recycling Obligation or Goal	No
Manufacturer Registration Required	Yes
Manufacturer Reports Deadline	February 15, 2023 WV requires annual reports from those manufacturers with approved takeback programs.
Manufacturer Shortfall Fees	No
Manufacturer State Registration List	https://dep.wv.gov/environmental-advocate/reap/cedprogram/Documents/EManufacturer%20Compliance%20List.pdf
Market Share	No
Modification Forms Required For Changes to Existing Manufacturer Registrations	No
Paper Manufacturer Registrations Accepted	Yes
Pounds Collection Target/Obligation for Manufacturers	none
Primary Contact	Laura Adkins laura.l.adkins@wv.gov 304-926-0499, ext. 49723
Product Labeling Required	Yes
Products Covered	Cell Phones, Desktops, Laptops, Monitors, Smart Displays, Tablets, Televisions
Recycler Application or Registration Fee	$0.00
Recycler Application or Registration Required	No
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.
Screen Sizes Accepted	4 inches or larger
State Ewaste Recycling Law	Yes
State Program Year	January 1 - January 1
Statute	http://www.wvlegislature.gov/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB746%20SUB1.htm
Target Type	N/A
Written Notice About Recycler/Collector (Municipal) Relationship	No