South Carolina Code 48-60-61. Requirements for manufacturer clearinghouses; statement of the return share for each plan; calculation of unadjusted total proportional responsibility of each participating manufacturer
(A) As used in this section:
Terms Used In South Carolina Code 48-60-61
- collection: means to facilitate the delivery of a covered television device or covered computer monitor device to a collection site included in the manufacturer's program, and to transport the covered television device or covered computer monitor device for recovery. See South Carolina Code 48-60-20
- Covered computer monitor device: means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a computer and is used by a consumer. See South Carolina Code 48-60-20
- Covered television device: means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras marketed and intended for use by a consumer primarily for personal purposes. See South Carolina Code 48-60-20
- Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-60-20
- Manufacturer clearinghouse: means an entity that prepares and submits a manufacturer electronic waste program plan to the department, and oversees the manufacturer electronic waste program, on behalf of a group of two or more manufacturers cooperating with one another to collectively establish and operate an electronic waste program for the purpose of complying with this chapter and that collectively represent at least fifty-one percent of the manufacturers' total obligations pursuant to this chapter for a program year. See South Carolina Code 48-60-20
- Manufacturer electronic waste program: means any program established, financed, and operated by a manufacturer, individually or collectively as part of a manufacturer clearinghouse, to transport and subsequently recycle, in accordance with the requirements of this act, covered televisions and computer monitor devices collected at program collection sites and one-day collection events. See South Carolina Code 48-60-20
- Program year: means the calendar year. See South Carolina Code 48-60-20
- Television: means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras. See South Carolina Code 48-60-20
(1) "Adjusted total proportional responsibility" means the percentage calculated for each participating manufacturer for a program year pursuant to subsection (F).
(2) "Market share" means the percentage that results from dividing:
(a) the product of the total weight reported for a covered television device or covered computer monitor device by a manufacturer, for the calendar year two years before the applicable program year, pursuant to § 48-60-51(G); by
(b) the product of the total weight reported for that covered television device or covered computer monitor device category by all manufacturers, for the calendar year two years before the applicable program year, pursuant to § 48-60-51(G).
(3) "Participating manufacturer" means a manufacturer that a manufacturer clearinghouse has listed, pursuant to subsection (C), as a participant in the manufacturer clearinghouse for a program year.
(4) "Return share" means the percentage, by weight, of each covered television device or computer monitor device category that is returned to the program collection sites and one-day collection events operated by or on behalf of either a manufacturer clearinghouse or one or more of its participating manufacturers during the calendar year two years before the applicable program year, as reported to the department pursuant to § 48-60-51; except that, for program years 2023 and 2024, "return share" means the percentage, by weight, of each covered television device or computer monitor device category that is estimated by the manufacturer clearinghouse to be returned to those sites and events during the applicable program year, as reported to the department pursuant to subsection (B).
(5) "Unadjusted total proportional responsibility" means the percentage calculated for each participating manufacturer pursuant to this section.
(B) A manufacturer clearinghouse shall provide the department with a statement of the return share for each plan pursuant to § 48-60-58.
(C) If a manufacturer clearinghouse submits to the department a manufacturer electronic waste program plan pursuant to § 48-60-58, the manufacturer clearinghouse shall include in the plan a list of manufacturers that have agreed to participate in the manufacturer clearinghouse for the upcoming program year.
(D) For each program year, the department in collaboration with the manufacturer clearinghouse shall calculate the unadjusted total proportional responsibility of each participating manufacturer as follows:
(1) Multiplying the participating manufacturer’s market share for the covered television device or covered computer monitor device category by the return share for the covered television device or covered computer monitor device category, to arrive at the category-specific proportional responsibility of the participating manufacturer for the covered television device or covered computer monitor device category.
(2) Then, for each participating manufacturer, add the category-specific proportional responsibilities of the participating manufacturer calculated pursuant to item (1), to arrive at the participating manufacturer’s unadjusted total proportional responsibility.
(E) If the sum of all unadjusted total proportional responsibilities of a manufacturer clearinghouse’s participating manufacturers for a program year accounts for less than one hundred percent of the return share for that year, the department shall divide the unallocated return share among participating manufacturers in proportion to their unadjusted total proportional responsibilities, to arrive at the adjusted total proportional responsibility for each participating manufacturer.
(F) A manufacturer may use retail collection sites to satisfy some or all of the manufacturer’s responsibilities including, but not limited to, the manufacturer’s transportation and recycling of collected covered television devices and covered computer monitor devices pursuant to any allocation methodology established by this chapter. Nothing in this chapter prevents a manufacturer from using retail collection sites to satisfy any percentage of the manufacturer’s total responsibilities including, but not limited to, the manufacturer’s transportation and recycling of collected covered television devices and covered computer monitor devices pursuant to any allocation methodology established by this chapter or by administrative regulation.