N.Y. Environmental Conservation Law § 27-2613: Electronic waste collection, consolidation and recycling

§ 27-2613. Electronic waste collection, consolidation and recycling.

1. Electronic waste collection sites. No later than January first, two

thousand eleven, each person who owns or operates an electronic waste

collection site in the state shall:

(a) register with the department on a form prescribed by the

department. The department may require such form to be filed

electronically. The registration shall include: (i) the name, address,

and telephone number of the owners and the operators of the electronic

waste collection site; and (ii) the name, address, and telephone number

of the electronic waste collection site. Any person who commences the

operation of an electronic waste collection site on or after January

first, two thousand eleven shall register with the department at least

thirty days prior to receiving any electronic waste at such collection

site. A registration is effective upon acceptance by the department. In

the case of collection sites operated by a retailer, a single

registration listing the name, address, and telephone number of the

individual collection sites may be submitted covering all their

collection sites;

(b) beginning March first, two thousand twelve, each person operating

an electronic waste collection site shall submit to the department an

annual report for the period of April first, two thousand eleven through

December thirty-first, two thousand eleven and each calendar year

thereafter, on a form prescribed by the department. The department may

require annual reports to be filed electronically. Annual reports shall

include, but not be limited to, the following information: (i) the

quantity, by weight, of electronic waste received from consumers in the

state; (ii) the name and address of each person to whom the electronic

waste collection site sent electronic waste during the reporting period,

along with the quantity, by weight, of electronic waste that was sent to

each such person; and (iii) the weight of electronic waste collected on

behalf of or pursuant to an agreement with each manufacturer during the

reporting period. All quantities of electronic waste reported by the

collection site must separately include electronic waste generated by

New York state consumers and electronic waste received from or shipped

outside the state;

(c) manage electronic waste in a manner that complies with all

applicable laws, rules and regulations;

(d) store electronic waste (i) in a fully enclosed building with a

roof, floor and walls, or (ii) in a secure container (e.g., package or

vehicle), that is constructed and maintained to minimize breakage of

electronic waste and to prevent releases of hazardous materials to the

environment;

(e) remove electronic waste from the site within one year of the

waste's receipt at the site, and maintain records demonstrating

compliance with this requirement.

2. Electronic waste consolidation facilities. (a) No later than

January first, two thousand eleven, each person who operates an

electronic waste consolidation facility in the state shall register with

the department on a form prescribed by the department. The department

may require such form to be filed electronically. The registration shall

include: (i) the name, address and telephone number of the owner and the

operator of the facility; and (ii) the name, address and telephone

number of the electronic waste consolidation facility. Any person who

commences the operation of an electronic waste consolidation facility on

or after January first, two thousand eleven shall register with the

department at least thirty days prior to receiving any electronic waste.

A registration is effective upon acceptance by the department. Any

registration required by this paragraph shall be accompanied by a

registration fee of two hundred fifty dollars.

(b) Beginning March first, two thousand twelve, each person operating

an electronic waste consolidation facility shall submit to the

department an annual report for the period of April first, two thousand

eleven through December thirty-first, two thousand eleven and each

calendar year thereafter, on a form prescribed by the department. The

department may require annual reports to be filed electronically. Annual

reports shall include, but not be limited to, the following information:

(i) the name and address of each electronic waste collection site from

which the consolidation facility received electronic waste during the

reporting period, along with the quantity, by weight, of electronic

waste received from each collection site; (ii) the name and address of

each person to whom the electronic waste consolidation facility sent

electronic waste during the reporting period, along with the quantity,

by weight, of electronic waste that was sent to each such person; (iii)

the weight of electronic waste collected on behalf of or pursuant to an

agreement with each manufacturer during the reporting period; and (iv) a

certification by the owner or operator of the electronic waste

consolidation facility that such a facility has complied with the

requirements of this title and all other applicable laws, rules, and

regulations. All quantities of electronic waste reported by the

consolidation facility must separately include electronic waste

generated by New York state consumers and electronic waste received from

or shipped outside the state.

(c) Each person operating an electronic waste consolidation facility

shall:

(i) manage electronic waste in a manner that complies with all

applicable laws, rules and regulations;

(ii) store electronic waste (A) in a fully enclosed building with a

roof, floor and walls, or (B) in a secure container (e.g., package or

vehicle), that is constructed and maintained to minimize breakage of

electronic waste and to prevent releases of hazardous materials to the

environment;

(iii) have a means to control entry, at all times, to the active

portion of the facility;

(iv) inform all employees who handle or have responsibility for

managing electronic waste about the proper handling and emergency

procedures appropriate to the type or types of electronic waste handled

at the facility;

(v) remove electronic waste from the site within one year of the

waste's receipt at the site, and maintain records demonstrating

compliance with this requirement; and

(vi) maintain the records required by paragraphs (a) and (b) of this

subdivision and by subparagraph (v) of this paragraph on site and make

them available for audit and inspection by the department for a period

of three years.

(d) A person operating an electronic waste consolidation facility

shall not engage in electronic waste recycling unless such person is

also registered as an electronic waste recycling facility, and complies

with the requirements of this section that are applicable to each type

of facility.

(e) A person operating an electronic waste consolidation facility may

accept electronic waste in the same manner as an electronic waste

collection site provided that such person complies with the requirements

of this section that are applicable to electronic waste collection

sites.

3. Electronic waste recycling facilities. (a) No later than January

first, two thousand eleven, each person operating an electronic waste

recycling facility in the state shall register with the department on a

form prescribed by the department. The department may require such form

to be filed electronically. The registration shall include: (i) the

name, address and telephone number of the owner and the operator of the

facility; and (ii) the name, address, and telephone number of the

electronic waste recycling facility. Any person who commences the

operation of an electronic waste recycling facility on or after January

first, two thousand eleven shall register with the department at least

thirty days prior to receiving any electronic waste. A registration is

effective upon acceptance by the department. Any registration required

by this paragraph shall be accompanied by a registration fee of two

hundred fifty dollars.

(b) Beginning March first, two thousand twelve, each person operating

an electronic waste recycling facility shall submit to the department an

annual report for the period of April first, two thousand eleven through

December thirty-first, two thousand eleven and each calendar year

thereafter, on a form prescribed by the department. The department may

require annual reports to be filed electronically. Annual reports shall

include, but not be limited to, the following information: (i) the

quantity, by weight, of electronic waste received from consumers in the

state; (ii) the name and address of each electronic waste collection

site and electronic waste consolidation facility from which electronic

waste was received during the reporting period, along with the quantity,

by weight, of electronic waste received from each person; (iii) the name

and address of each person to whom the facility sent electronic waste or

component materials during the reporting period, along with the

quantity, by weight, of electronic waste or component materials thereof

sent to each such person; (iv) the weight of electronic waste collected

on behalf of or pursuant to an agreement with each manufacturer during

the reporting period; and (v) a certification by the owner or operator

of the facility that such facility has complied with the requirements of

this title and all other applicable laws, rules, and regulations. All

quantities of electronic waste reported by the recycling facility must

separately include electronic waste generated by New York state

consumers and electronic waste received from or shipped outside the

state.

(c) Each person operating an electronic waste recycling facility

shall:

(i) manage and recycle electronic waste in a manner that complies with

all applicable laws, rules and regulations;

(ii) store electronic waste (A) in a fully enclosed building with a

roof, floor and walls, or (B) in a secure container (e.g., package or

vehicle), that is constructed and maintained to minimize breakage of

electronic waste and to prevent releases of hazardous materials to the

environment;

(iii) have a means to control entry, at all times, through gates or

other entrances to the active portion of the facility;

(iv) inform all employees who handle or have responsibility for

managing electronic waste about proper handling and emergency procedures

appropriate to the type or types of electronic waste handled at the

facility;

(v) remove electronic waste from the site within one year of the

waste's receipt at the site, and maintain records demonstrating

compliance with this requirement; and

(vi) maintain the records required by paragraphs (a) and (b) of this

subdivision and by subparagraph (v) of this paragraph on site and make

them available for audit and inspection by the department for a period

of three years.

(d) A person operating an electronic waste recycling facility may also

operate such facility as an electronic waste consolidation facility

provided that such person complies with the requirements of this section

that are applicable to each type of facility. Where a facility is

operated for both purposes, only one registration fee must be paid.

(e) A person operating an electronic waste recycling facility may

accept electronic waste in the same manner as an electronic waste

collection site provided that such person complies with the requirements

of this section that are applicable to electronic waste collection

sites.

4. Except to the extent otherwise required by law, no manufacturer or

person operating an electronic waste collection site, electronic waste

consolidation facility or electronic waste recycling facility shall have

any responsibility or liability for any data in any form stored on

electronic waste surrendered for recycling or reuse, unless such person

misuses or knowingly and intentionally, or with gross negligence,

discloses the data. This provision shall not prohibit any such person

from entering into agreements that provide for the destruction of data

on covered electronic equipment.