PUB2936

Waste Management Program

fact sheet

Division of Environmental Quality

Director: Kyra Moore

Under the Electronics Scrap Management Rule, a computer equipment manufacturer must label their covered equipment with the manufacturer's brand(s) and be included on the department's list of computer equipment manufacturers that have a department approved recovery plan before they can sell their computer equipment in Missouri. If a computer equipment manufacturer is not on the department's list, neither the computer equipment manufacturer nor any retailer is authorized to sell their computer equipment in Missouri. The computer equipment manufacturers listed on the department's Registered Computer Equipment Manufacturers List have a department approved recovery plan. Frequently asked questions are included below relating to the various obligations of a computer equipment manufacturer under the Electronics Scrap Management Rule.

Who is considered a manufacturer under the Electronics Scrap Management Rule?

The Electronics Scrap Management Rule defines a manufacturer as "a person, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate or any other legal entity whatever which is recognized by law as the subject of rights and duties." This includes:

  • Anyone who manufactures or manufactured covered equipment under a brand that:
    • The person owns or owned.
    • The person is or was licensed to use, other than under a license to manufacture covered equipment for delivery exclusively to or at the order of the licensor.
  • A retailer that held a “house” brand. For example, a computer store that sold their own computers, even if they themselves did not directly manufacture the covered equipment.
  • Anyone who sells or sold covered equipment manufactured by others under a brand that:
    • The person owns or owned.
    • The person is or was licensed to use, other than under a license to manufacture covered equipment for delivery exclusively to or at the order of the licensor.
  • Anyone who manufactures or manufactured covered equipment without affixing a label with a brand. Even if you do not properly brand your covered equipment, as required by law and regulation, your business will still be considered the manufacturer. 
  • Anyone who manufactures or manufactured covered equipment to which the person affixes or affixed a label with a brand that:
    • The person does not or has not owned.
    • The person is not or was not licensed to use.

What if more than one person manufactured a brand of covered equipment?   

If more than one person is a manufacturer of a certain brand of covered equipment, any of those persons may assume responsibility for and satisfy the obligations of a manufacturer under this rule for that brand. If none of those persons assumes responsibility or satisfies the obligations of a manufacturer for the covered equipment of that brand, the department may consider any of those persons to be the responsible manufacturer for purposes of this rule. 

As a manufacturer, what are my obligations under the Electronics Scrap Management Rule?

Before you can sell your computer equipment in Missouri, you must:

  • Adopt and implement a recovery plan approved by the department. The recovery plan specifies how you will offer consumers a free recycling program for your covered equipment and how you will recycle or reuse that equipment.
  • Attach a permanent, readily visible label to the covered equipment with your brand(s).
  • Submit annual recycling reports.

What equipment is covered under the Electronics Scrap Management Rule?

The Electronics Scrap Management Rule only applies to covered equipment used by households or home businesses. Covered equipment includes notebook or laptop computers, desktop computers, computer monitors or other display devices that do not contain a tuner, and the accompanying keyboard and mouse associated with the computer of the same manufacturing brand. For instance, if your computers are sold as a package, meaning a computer, keyboard and mouse are sold together, then you must accept all three items for recycling. If your computers are sold as stand alone items without a keyboard or mouse, then you are not responsible for recycling keyboards or mice.

What equipment is not covered under the Electronics Scrap Management Rule?

The Electronics Scrap Management Rule does not apply to covered equipment under a lease agreement or equipment from businesses, including charities, non-profits, schools, churches and public and governmental agencies. This rule does not apply to televisions, electronics from motor vehicles, typewriters, typesetters, calculators, personal digital assistants, telephones or printers. You are not required to take back any electronic device contained within a clothes washer or dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.

You are not required to take back any electronic device that is functionally or physically a part of, connected to or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development or medical setting. This includes diagnostic, monitoring or other medical products, as defined under the federal Food, Drug and Cosmetic Act, or equipment used for security, sensing, monitoring or anti-terrorism purposes. 

What do I need to submit to the department to be included on the department's list of computer equipment manufacturers that have an approved recovery plan?

You must submit an Electronics Manufacturer Registration Form - MO 780-2106 and recovery plan either directly from the manufacturer or provide written documentation you belong to a cooperative group of manufacturers responsible for many brands. The department will add you to the list as quickly as reasonably possible. 

Being on the department's list does not mean the department determined your program is compliant with the law. It only means the Electronics Manufacturer Registration Form and recovery plan you submitted comply with what the law requires. The department may conduct audits and inspections to ensure the program you offer complies with the law. All correspondence between the department and computer equipment manufacturers will be in electronic form as emails. It is vital you keep your email address updated with the department.

When must I submit my recovery plan?

Your recovery plan must be submitted by July 1, 2010, to ensure your business may continue to sell computer equipment in Missouri. A complete Electronics Manufacturer Registration Form, including signature, must be submitted to department in two forms:

  • As a paper copy sent to the Missouri Department of Natural Resources, Hazardous Waste Program, P.O. Box 176, Jefferson City, Missouri 65102-0176.
  • As an electronic copy scanned and sent to e-cyclemo@dnr.mo.gov. 

Are there any registration fees?

There are no fees directly associated with the Electronics Scrap Management rule. Other department fees, such as registering as a hazardous waste generator or obtaining a hazardous waste transporter license, may apply in certain circumstances.

What information must I include on my Internet site?

You must include information about the collection, recycling and reuse of your covered equipment on your publicly available Internet site. You must include a list of all of your brands both in use and no longer in use. You may also include this information in the packaging or in other materials that accompany your covered equipment when the covered equipment is sold.

What is the standard for reasonably convenient collection methods under the Electronics Scrap Management Rule?

The consumer should be able to recycle their computer with the same level of ease as they purchased their computer. You must take back your covered equipment at no cost to the consumer. You may not require consumers to purchase anything in exchange for taking back the covered equipment or require consumers to wait for a rebate of recycling fees.

Methods to collect covered equipment include mail back, direct pickup, physical collection site, collection events, drop-off facilities, designated local recyclers or a combination of any of these methods. 

  • Mail back of covered equipment must be at no cost to the consumer; including mailing, shipping, handling or any other cost directly related to mailing.  
  • Direct pickup of covered equipment must be timely and the pick up be at the consumer’s home.
  • Physical collection sites must be opened and staffed for consumers to return covered equipment. The days and hours the collection sites are open are subject to department approval. At minimum there must be one collection site located in each city or town with a population greater than 10,000. 
  • Collection events must be held at a minimum of once per year. Collection events must be held in each city or town with a population greater than 5,000, or per county or per solid waste management district. 
  • Drop-off facilities must be located within a 30-mile radius of retailers that sell the covered equipment. 
  • A designated recycler must be located within a 30-mile radius of the retailers that sell the covered equipment. 
  • Alternative methods to provide consumers recycling in a reasonably convenient manner may be approved by the department on a case by case basis. 

What are the standards regarding recycling covered equipment collected under the Electronics Scrap Management Rule?

Covered equipment collected under the Electronics Scrap Management Rule must be recycled or reused in a manner that follows federal, state and local law. The department adopted the following standards for recycling or reusing covered equipment under this rule:

Any designated recyclers you hire as part of your recovery plan must follow either of these standards. The standards apply only to covered equipment returned to you by a consumer or collected by you in Missouri under this law.

What are my reporting responsibilities under the Electronics Scrap Management Rule?

After you submit your recovery plan, you must submit a Registered Electronics Manufacturer Recycling Report, Form MO 780-2157 form to the department by Jan. 31 of each year. The form must include:

  • The weight of covered equipment collected, recycled and reused during the preceding calendar year.
  • Documentation verifying the collection, recycling and reuse of that covered equipment in a manner that complies with federal, state and local laws.
  • Any changes to your recovery plan.

All correspondence between the department and computer equipment manufacturers will be in electronic form as emails. It is vital that you keep your email address updated with the department.

What issues could cause the department to determine my program does not comply with the the Electronics Scrap Management Rule?

  • Incomplete Electronics Manufacturer Registration form.
  • Failing to submit an annual report by the end of the reporting year.
  • Failing to include information on the collection, recycling and reuse of your covered equipment on the website you provided in your recovery plan.
  • Not accepting covered equipment for collection or recycling.
  • Charging customers a fee at the time of collection or recycling, even if they are reimbursed later.
  • Offering a collection program inconvenient to consumers.
  • Contracting with recyclers that do not follow the standards regarding recycling covered equipment.

Are there any penalties associated with not complying with the Electronics Scrap Management Rule?

A penalty of up to $25,000 for each violation of the Electronics Scrap Management Rule can be assessed against you. The Missouri law for penalty violations is available online.

Where can I find more information about the Electronic Scrap Management Rule?

A complete copy of the Electronics Scrap Management rule is located in the Code of State Regulations at 10 CSR 25-19.010 .

Nothing in this document may be used to implement any enforcement action or levy any penalty unless promulgated by rule under chapter 536 or authorized by statute.

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