(1) If an independent plan does not represent five percent market share for two consecutive program years, ecology will dissolve the independent plan.
(2) After August 1 but prior to the start of the next program year, ecology will dissolve any independent plan that does not meet the independent plan criteria in WAC
173-900-310.
(a) Ecology will send notice, via certified mail, informing all participants in the plan that they must join the standard plan and update their manufacturer registration form (see Part II, WAC
173-900-240).
(b) If a manufacturer does not submit their updated registration form within fourteen days of receiving the notice, it is a registration violation (see WAC
173-900-255) and ecology will follow the warning and penalty procedures in Part II, WAC
173-900-255,
173-900-260, and
173-900-270 of this chapter.
(3) If ecology determines that this change may significantly alter the program described in the standard plan, the authority must submit an updated plan to ecology (see WAC
173-900-335).
[Statutory Authority: RCW
70.95N.230. WSR 16-06-107 (Order 15-03), § 173-900-360, filed 3/1/16, effective 4/1/16. Statutory Authority: Chapters
70.95N, 70.105, and
70.105D RCW. WSR 07-21-013 (Order 07-05), § 173-900-360, filed 10/5/07, effective 11/5/07.]