Let’s Take a Look at State Laws and E-Waste Recycling
The average American family has 24 electronics devices in their household, and the average office has a whole lot more. Electronic sales are a $206 billion market that’s only going to get larger thanks to a whole new slew of devices and equipment, where everything is smart and connected.
All of that means we’re facing a lot of electronics waste. The EPA says we’re looking at more than 2.5 million tons of electronics are being tossed each year, but other reports say just 25% of this e-waste is getting recycled.
And, we need to do better.
There is no federal rule for e-waste recycling currently, and it is unclear if the EPA will seek out a federal mandate on e-waste. There were meetings toward the middle and end of 2016 covering elelectronics recycling and potential requirements for businesses, but it is unclear if this goal will remain under the new administration.
That leaves most of the work in the hands of states and industries themselves. Many manufacturers now have a recycling or return program, but the use of these programs is staying relatively small. So, the heavy lifting is now up to the states.
State Requirements You Should Know
Today, 25 states have e-waste laws that govern electronics recycling and disposal. Laws tend to focus on producer responsibilities, customer fees and cost recovery, or education programs for manufacturers. When taken together, these laws cover 65% of the U.S. population.
We’ll look at some broad trends for these different rules, but at the bottom of the post you’ll find links to each state’s program.
Two Flavors of Laws
In most cases, there are two models for e-waste recycling and disposal.
Twenty-four states plus Washington D.C. place a requirement on electronics manufacturers to pay for the collection and recycling of electronics. If you’re a manufacturer, please read the rules covering states where you operate because products covered under e-waste recycling laws differ significantly across states.
California has taken a different route by charging consumers a fee of $6 to about $10 per device to create a recycling program for electronics. Retailers collect the fee at the point of sale and then provide money to the fund, and more states are expected to follow this model.
Pay Attention to Colorado
One of the biggest callouts we need to make is SB 133 in Colorado. Businesses cannot dispose of electronic devices at solid waste landfills if the county you are in hosts an e-waste recycling program. Agencies and businesses have a larger burden and typically must recycle electronics.
It can be difficult to understand the laws and how they apply to you, especially if you have a supply chain that crosses state lines. Let’s have a conversation about your specific needs, so we can help your compliance and audit teams limit your risk of fines. Just reach out to us here.
State Program Links
The list below is proper as of December 2016. We’ll provide updates as new states enact legislation. You can also see a complete e-waste recycling regulation and law list provided by the National Conference of State Legislatures here.
|State||Statute Citation||Year Enacted||State Program Website|
|California||Cal. Public Resources Code §§42460 to 42486||2003||Electronic Waste Recycling Act of 2003|
|Connecticut||Conn. Gen. Stat. §§22a-629 to 22a-640||2007||Connecticut’s Electronics Recycling Law|
|Hawaii||Hawaii Rev. Stat. §§339d-2 to 339d-6||2008||Electronic Device and Television Recycling Law|
|Illinois||Ill. Rev. Stat. ch. 415, §§150/1 to 150/999||2008||Electronic Waste Recycling|
|Indiana||Ind. Code §§13-20.5-1-1 to 13-20.5-10-2||2009||Electronic Waste|
|Maine||Me. Rev. Stat. Ann. tit. 38, §1610||2004||Electronics Recycling|
|Maryland||Md. Environment Code Ann. §§9-1727 to 9-1730||2005||e-Cycling in MD|
|Michigan||Mich. Comp. Laws §§324.17301 to 324.17333||2008||Electronic Waste Takeback Program|
|Minnesota||Minn. Stat. §§115a.1310 to 115a.1330||2007||Minnesota’s Electronic Recycling Act|
|Missouri||Mo. Rev. Stat. §§260.1050 to 260.1101||2008||Electronic Waste|
|New Jersey||N.J. Rev. Stat. §§13:1E-99.94 to 13:1E-99.114||2008||E-Cycle New Jersey|
|New York||N.Y. Environmental Conservation Law §§27-2601 to 27-2621||2010||E-Waste Recycling|
|North Carolina||N.C. Gen. Stat. §§130A-309.130 to 130A-309.141||2007||North Carolina Electronics Management Program|
|Oklahoma||Okla. Stat. tit. 27A, §§2-11-601 to 2-11-611||2008||E-Waste Information|
|Oregon||Or. Rev. Stat. §§459a.300 to 459a.365||2007||Electronics Waste|
|Pennsylvania||Pa. Cons. Stat. tit. 35, §§6031.101 to 6031.702||2010||Electronic Recycling Management Program|
|Rhode Island||R.I. Gen. Laws §§23-24.10-1 to 23-24.10-17||2008||Electronic Waste|
|South Carolina||S.C. Code Ann. §§48-60-05 to 48-60-150||2010||Electronics|
|Texas||Tex. Health and Safety Code Ann. §§361.951 to 361.966||2007||Electronics Recycling and Waste Reduction|
|Utah||Utah Code Ann. §§19-6-1201 to 19-6-1205||2011||None Found|
|Vermont||Vt. Stat. Ann. tit. 10, §§7551 to 7564||2010||Vermont e-Cycles|
|Virginia||Va. Code §§10.1-1425.27 to 10.1-1425.38||2008||Virginia’s Computer Recovery and Recycling Act|
|Washington||Wash. Rev. Code Ann. §§70.95n.010 to 70.95n.902||2006||E-Cycle Washington|
|West Virginia||W.Va. Code §§22-15A-22 to 22-15A-28||2008||E-Waste West Virginia|
|Wisconsin||Wis. Stat. §287.17||2009||E-Cycle Washington|