N.Y. Environmental Conservation Law § 27-3309: Department responsibilities

§ 27-3309. Department responsibilities.

1. The department shall (a) maintain a list of producers who are

implementing or participating pursuant to section 27-3303 of this title,

(b) maintain a list of each such producer's brands, and (c) post such

lists on the department's website.

2. Beginning July first, two thousand twenty-six, the department shall

post on its website the location of all collection sites identified to

the department by the producer in its plans and annual reports.

3. The department shall post on its website each producer plan

approved by the department.

4. Within ninety days after receipt of a proposed plan or plan

amendment, the department shall approve or reject the plan or the plan

amendment. If the plan or plan amendment is approved, the department

shall notify the producer or representative organization in writing. If

the department rejects the plan or plan amendment, the department shall

notify the producer or representative organization in writing stating

the reason for rejecting the plan or plan amendment. A producer or

representative organization whose plan is rejected shall submit a

revised plan to the department within thirty days of receiving a notice

of rejection. If the department rejects the subsequent proposal, the

producer or producers at issue shall be out of compliance and subject to

enforcement provisions.

5. The department shall submit a report regarding the implementation

of this title in this state to the governor and legislature by April

first, two thousand twenty-seven and every two years thereafter. The

report shall include, at a minimum, an evaluation of:

(a) the stream of carpet in the state;

(b) disposal, recycling and reuse rates in the state for carpet;

(c) a discussion of compliance and enforcement related to the

requirements of this title; and

(d) recommendations for any changes to this title.

6. Starting four years after the plan is approved by the department

pursuant to this section, the department shall impose a penalty of

twenty-five cents per pound to be assessed on the producer or

representative organization for the number of additional pounds of

carpet that would have needed to be recycled through the program to

achieve the performance goals specified in the approved stewardship

plan. All penalties collected pursuant to this section shall be paid

over to the commissioner for deposit to the environmental protection

fund established pursuant to section ninety-two-s of the state finance

law.