N.Y. Environmental Conservation Law § 27-3305: Producer responsibilities

§ 27-3305. Producer responsibilities.

1. Beginning not later than July first, two thousand twenty-six, the

producer or representative organization shall implement the carpet

collection program utilizing collection sites established pursuant to

paragraph (d) of subdivision four of section 27-3303 of this title.

2. A producer shall not sell, or offer for sale, carpet to any person

in the state unless the producer is implementing or participating under

an approved plan.

3. The program shall be free to the consumer, convenient and adequate

to serve the needs of consumers in all areas of the state on an ongoing

basis.

4. A producer or representative organization shall maintain records

demonstrating compliance with the provisions of this title and make them

available for audit and inspection by the department for a period of

three years. The department shall make such records available to the

public upon request in accordance with the provisions of the state

freedom of information law and the regulations promulgated thereunder.

Record holders shall submit the records required to comply with the

request within sixty working days of written notification by the

department of receipt of the request.

5. A producer or representative organization shall be responsible for

all costs associated with the implementation of the carpet collection

program, including but not limited to the cost of collection. A

producer, producers or representative organization shall pay costs

incurred by the department in the administration and enforcement of this

title. Exclusive of fines and penalties, the department shall only be

reimbursed its actual cost of administration and enforcement.

6. Any person who becomes a producer on or after December

thirty-first, two thousand twenty-five shall submit a plan to the

department, or notify the department that it has joined an existing

plan, prior to selling or offering for sale in the state any carpet, and

shall comply with the requirements of this title.

7. On or before July first, two thousand twenty-seven, and annually

thereafter, a producer or representative organization shall submit a

report to the department that includes, for the previous program year, a

description of the program, including, but not limited to, the

following:

(a) a detailed description of the methods used to collect, transport,

and process carpet in the state, including detailing collection methods

made available to consumers and an evaluation of the program's

collection convenience;

(b) identification of all collection sites in the state;

(c) the weight of all of the producer's carpet collected in the state

by method of disposition, including reuse, recycling and other methods

of processing or disposal;

(d) an evaluation of whether the performance goals and recycling rates

have been achieved;

(e) the total cost of implementing the program;

(f) samples of all educational materials provided to consumers and a

detailed list of efforts undertaken and an evaluation of the methods

used to disseminate such materials including recommendations, if any,

for how the educational component of the program can be improved; and

(g) any other information required by the department.

8. On or before January first of each program year following

implementation of the plan pursuant to section 27-3303 of this title,

each producer, group of producers or representative organization shall

submit a report to the department that assesses compliance with

performance goals and describes any modifications necessary to achieve

such goals.