(a) The department may establish, review, and may adjust performance standards based on information included in the producer responsibility plan and annual reports, other information provided by the producer responsibility organization, department waste characterization studies, and economic and any other relevant information. (b) The department shall use sales data to establish the performance standard for recycling carpet. The department may decide how many years of sales data to use for establishing the performance standard and the producer responsibility organization may appeal that decision pursuant to appellate procedures established by the department in regulation.
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