ELECTRONIC WASTE RECYCLING ACT BECOMES LAW

New Law Makes New Jersey Eighth State to Create Responsible System
For Collecting, Reusing, Disposing Chemical-Laden Computers, Televisions

(TRENTON) - Legislation Assemblymen Reed Gusciora, John F. McKeon, Upendra J. Chivukula and Senator Robert M. Gordon sponsored to establish a statewide collection and recycling program for used computers and other electronic products laced with toxic metals and dangerous chemicals today was signed into law by Governor Jon S. Corzine.

The new law - the Electronic Waste Recycling Act - will ban the disposal of applicable electronic devices and component parts as solid waste effective January 1, 2009.  The measure also requires $5,000-a-year state registration fees from electronics producers.

"Many people don't realize that their television sets and computers are veritable compendiums of the periodic table," said Gusciora.  "The circuit boards, batteries and liquid crystal displays can produce a threat to human health and the environment.  This new law will make it as easy for New Jersey residents to responsibly dispose of these products as it is for them to be purchased."

The measure (A-3572/SCS) will help New Jersey meet the mounting challenge of how to deal with the most rapidly growing component of the state's waste stream: electronic waste, or "e-waste."  Television sets, computers and other information age devices are laden with lead, mercury, cadmium, lithium, phosphorous coatings, PVC plastics and other environmentally harmful agents that can pose a threat to human health if burned or if they leach into water supplies.

New Jersey joins California, Connecticut, Washington, Maryland, Maine, Minnesota and Oregon as states that have enacted laws to control e-waste and encourage the recycling of electronic products.

The law ensures that manufacturers and residents use safe and environmentally-sound management practices when discarding unwanted electronics.  In 2005, businesses and citizens across the country replaced 65 million computers and discarded 130 million cellphones according to the Computer Takeback Campaign, an environmental group that advocates for electronic-waste regulations.

"Consumer electronic products become obsolete at staggering rates," said McKeon (D-Essex).  "The tossing of old computers, cell phones, and other devices present overwhelming challenges and it is an area of waste disposal that needs prompt and thorough attention by the state."

The law will require every retailer to clearly post and provide information from the state's Department of Environmental Protection (DEP) that will describe how to recycle the covered electronic device, in addition to the locations for the collection or return of the device.  DEP also will offer a Web site, a toll-free telephone number, information included in the packaging, or information provided accompanying the sale of a covered electronic device, such as a television or copier.

The bill also will direct the DEP to post a plan that will establish the per-capita collection and recycling goals and maintain lists of all manufacturers in compliance with the act's requirements and names of collectors, transporters, and recyclers that meet specific performance standards.

"While electronic waste still represents only a small portion of the overall waste stream, its potential impact on the environment and public health is enormous," said Chivukula (D-Somerset).  "We have to get a better handle on the problem."

"Yesterday's hottest electronic trend too often ends up as today's environmental headache," said Gordon (D-Bergen).  "The days of allowing the disposal of electronic devices to be legal should be numbered."

Manufacturers or groups of manufacturers conducting their own collection, transportation, and recycling programs will submit annual reports to the DEP, which will include the results of an auditable sampling with the weight of the electronic waste as well as documentation verifying collection and recycling of such devices.

Manufacturers that collect, transport, and recycle covered electronic devices in excess of their obligation may sell their excess credits to another registrant or apply the excess credits to the following year's recycling obligation. Any manufacturer that fails to comply with the terms of its approved plan will be required to submit payment to the DEP to cover the cost of collecting, transporting and recycling the unmet portion of its obligation, plus a penalty fee equal to the cost of collecting, transporting and recycling 10 percent of the manufacturer's total obligation.   

This law takes effect immediately.

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