NY Env Conserv L § 27-2613 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 26 - Electronic Equipment Recycling and Reuse 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.