Okla. Stat. tit. 27A, § 27A-2-11-607: Consumer education-List of registered manufacturers

- Annual report - Collection events - Remedies - Rules.

A. The Department of Environmental Quality shall assist in

educating consumers about collection and recovery of covered

devices. This shall include hosting, or designating another person

to host, a web site for consumers about the collection and recovery

of covered devices. The web site shall provide information about

and links to manufacturers’ collection and recovery information,

including their recovery plans, and information about and links to

information for covered devices, including information about

collection events, collection sites, and community recycling

programs. Inclusion on such web site is not a determination by the

state that the manufacturer’s recovery plan or practices are in

compliance with this act or other laws.

B. The Department shall maintain and make available:

1. A list of registered manufacturers who have adopted and

implemented a recovery plan, as required by this act; and

2. A separate list of manufacturers whose registered recovery

plan permits consumers to return for collection and recovery other

manufacturers’ brands of covered devices, including orphan devices.

Manufacturers shall be included on this list of beyond-brand

collection plans if such plan:

a. provides recycling grants or collection events for

covered devices other than that manufacturer’s covered

devices,

b. requires a consumer who purchases a new covered

electronic device from the manufacturer to return

another manufacturer’s branded covered device, in

which case the manufacturer may require the consumer

to pay for transportation or shipping, or

c. provides for use of other collection or recovery

methods that are approved by the Department.

C. The Department shall file each recovery plan and annual

report submitted by a manufacturer. The Department shall make

recovery plans and annual reports available to the public pursuant

to the Oklahoma Open Records Act.

D. The Department shall produce a schedule of collection

events, based on the manufacturers’ submitted recovery plans.

E. The Department shall by July 1 of each year produce and

submit to the Governor, the President Pro Tempore of the Senate and

Speaker of the House of Representatives a summary of the recovery

program annual reports filed by the manufacturers.

F. The Department may conduct audits and inspections to

determine compliance with the provisions of this act and take

enforcement action against any manufacturer, retailer, or recoverer

for failure to comply with any provisions of this act.

G. In addition to any other remedies provided by law, the

Department may assess a penalty of up to One Thousand Dollars

($1,000.00) for the first violation, and up to Five Thousand Dollars

($5,000.00) for the second and each subsequent violation, against

any manufacturer who fails to label its covered devices or to adopt

and implement a recovery plan as required by this act.

H. The Environmental Quality Board may promulgate rules

necessary to implement the provisions of this act, including the

adoption of fees pursuant to the provisions of Section 2-3-402 of

Title 27A of the Oklahoma Statutes as necessary to cover the costs

of administering the program. The Board may adopt by reference

standards developed by the Institute of Scrap Recycling Industries,

Inc., or other recognized practices, procedures or standards.