WAC 173-905-120

A proposed battery stewardship plan must include the following components:

(1) Program operation. A description of how the program will collect all covered batteries on a free, continuous, convenient, visible, and accessible basis using environmentally sound management practices including:

(a) A list of transporters to be used by the program for transporting batteries from the collection sites and relevant information for each transporter including:

(i) Company name;

(ii) Name of a contact person;

(iii) Physical address of the company;

(iv) Email address and phone number for the contact person;

(v) A list of all applicable permits and licenses; and

(vi) A list of all applicable hazardous waste EPA/state identification numbers.

(b) A list of facilities to be used by the program for sorting and final disposition of batteries or battery components and relevant information for each facility including:

(i) Company name;

(ii) Name of a contact person;

(iii) Physical address of the company;

(iv) Email address and phone number for the contact person;

(v) A list of all applicable permits and licenses; and

(vi) A list of all applicable hazardous waste EPA/state identification numbers.

(c) A description of the recycling process used at each facility for each type of battery collected.

(d) A description of the factors the battery stewardship organization will use when choosing which facilities will be selected to recycle collected batteries.

(e) A description of how the battery stewardship organization will routinely monitor all companies involved in the collection, handling, transporting, and final disposition of covered batteries to ensure they are operating in compliance with all applicable laws and rules.

(f) A description of how the battery stewardship organization will manage batteries that cannot be recycled.

(g) A description of how the battery stewardship organization will coordinate with other stewardship organizations, public or private entities that collect covered batteries, and electronic waste recyclers to provide efficient delivery of services.

(2) Covered producers and brands. Information on producers of covered batteries and their brands, including:

(a) A list of producers covered in the plan;

(b) A list of battery brands and battery-containing product brands covered in the plan;

(c) For each producer covered by the battery stewardship plan, information for a contact person including name, mailing address, phone number, and email address; and

(d) If the plan is submitted after January 1, 2028, an indication of which producers meet the marking requirements in WAC 173-905-310.

(3) Collection sites. Information about the collection site network including:

(a) A list, provided in a spreadsheet in Microsoft Excel format, or a similar file format with prior approval from the department, of collection sites and site information, including the site name, physical address, phone number, latitude and longitude, an indication of whether the site accepts damaged and defective batteries, and beginning January 1, 2029, an indication of whether the site accepts medium format batteries. Site contact information, such as a contact name and email address, must also be included.

(b) A list and description of the criteria the battery stewardship organization will use to determine whether an entity may serve as a collection site or site of a collection event.

(c) A description of the types of collection containers that will be used at collection sites that allow for segregation from other solid waste including dangerous waste subject to chapter 173-303 WAC.

(d) A copy of signage or labels to be placed on or near collection containers providing specific instructions to customers disposing of batteries.

(e) A description of how damaged and defective batteries will be collected only at sites staffed by persons trained to collect, handle, and ship those batteries.

(f) A description of methods for hosting collection events to supplement permanent collection services, including proposed locations, frequency, and outreach efforts.

(g) A description of how the battery stewardship organization will ensure each collection site has the materials and equipment necessary to handle customer demand and has established a regular pick-up schedule to prevent overflow issues at collection sites.

(h) A description of how the battery stewardship organization will ensure that covered batteries at collection sites no longer participating under an approved plan will be delivered to a recycling facility.

(i) A description of how collection sites will be trained to deal with receiving batteries that are not required to be collected such as batteries that are not easily removable from a product or covered electronic products under chapter 70A.500 RCW.

(j) A description of how the battery stewardship organization will meet the statewide convenience standards described in WAC 173-905-500 including an explanation of how the requirement of sites established at special locations in WAC 173-905-500 (2)(e) was met.

(4) Performance goals. Numeric performance goals that measure, on an annual basis, the achievements of the program, including a description of how progress towards each goal will be measured. Performance goals must, at minimum, include:

(a) A target collection rate for covered batteries;

(b) A target recycling efficiency rate of at least 60 percent for rechargeable batteries and at least 70 percent for primary batteries;

(c) The percentage of people in Washington that are aware of the program, including a subgoal applicable to public awareness of the program in vulnerable populations and overburdened communities identified by ecology;

(d) The percentage of people that know how to find where to recycle covered batteries; and

(e) Goals to meet the convenience and accessibility requirements in WAC 173-905-500.

(5) Education and outreach. A description of the communications strategy the battery stewardship organization will use to promote the program to consumers, retailers, and others. The plan must include:

(a) Sample materials sent to retailers to make them aware of their obligation to sell only covered batteries and battery-containing products of producers participating in an approved plan;

(b) Sample materials that can be provided to retailers upon request, including in-store signage, written materials, or other promotional materials that retailers may use to inform customers of recycling options for covered batteries;

(c) Sample promotional materials such as flyers or social media posts that communicate:

(i) That the program provides free collection of covered primary and rechargeable batteries;

(ii) Guidance for safe handling of covered batteries, including damaged and defective batteries; and

(iii) Information on how to find collection sites.

(d) A description of how the battery stewardship organization will identify target audiences and appropriate outreach for those audiences, including through television or radio, news media, public service announcements, mailing, emails, online listservs, social media, and newsletters;

(e) A description of how the battery stewardship organization will consult with overburdened communities and vulnerable populations identified by ecology when developing outreach materials;

(f) A description of how the stewardship organization will document education and outreach efforts; and

(g) A summary of planned education and outreach activities.

(6) Safety. A description of how the battery stewardship organization will provide annual training to collection sites and a copy of all procedural materials that will be distributed to collection sites, including protocols for preventing and responding to battery-related incidents.

(7) Program funding. A description of how the battery stewardship organization will establish and administer a means for fully funding a program that:

(a) Equitably distributes the program's costs among the producers that are part of the battery stewardship organization; and

(b) Covers the full implementation of the program, including:

(i) Battery collection, transportation, sorting, and final disposition;

(ii) Education and outreach;

(iii) Program evaluation;

(iv) Local government reimbursement; and

(v) Payment of fees to the department.

(8) Fee structure. A description of how the stewardship organization will structure producer fees to encourage design attributes that reduce the environmental impacts of covered batteries. Examples of fee structures that meet these requirements include using eco-modulated fees that:

(a) Encourage recyclability or recycling;

(b) Encourage the use of recycled content;

(c) Encourage conservation of resources;

(d) Discourage the use of problematic materials that increase costs of managing covered batteries; or

(e) Other design attributes that reduce the environmental impacts of covered batteries.

(9) Budget. The program budget for the first three years of program implementation that includes separate line items for the following categories and describes what is included in each category:

(a) Collection costs;

(b) Transportation costs;

(c) Sorting costs;

(d) Recycling costs;

(e) Disposal costs for material that cannot be recycled;

(f) Education, outreach and communications costs;

(g) Program evaluation costs;

(h) Plan review and administrative fees paid to the department;

(i) Demonstrable costs paid to local governments or local government facilities; and

(j) Personnel, general, and other administrative costs.

(10) Local government coordination. The plan must describe how the stewardship organization will communicate and coordinate with local governments in implementation of the program including:

(a) A copy of a template local government reimbursement agreement and a description of how local governments participated in the template's development.

(b) Procedures that a local government collecting covered batteries at its own expense outside of the program must follow to meet the requirements in WAC 173-905-500(8).

(c) Procedures that a local government must follow to coordinate with a battery stewardship organization regarding collection events.

(d) Procedures that a local government seeking reimbursement from the stewardship organization must follow to coordinate with a battery stewardship organization on education and outreach efforts.