NY Env Conserv L § 27-2617 (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 27-2617 - Reporting Requirements.

§ 27-2617. Reporting requirements.   1. Beginning March first, two thousand twelve, for the period of April first,  two  thousand eleven through December thirty-first, two thousand eleven and each calendar year thereafter,  a  manufacturer  that  offers covered  electronic  equipment  for  sale  in  this state shall submit a report to the department on a form prescribed  by  the  department  that includes the following:  (a)  sales  data  reported  by  weight  for the manufacturer's covered electronic equipment sold in this state for the previous three  calendar years,  categorized  by  type  to  the extent known. If the manufacturer cannot provide accurate state sales data, it must explain why such  data cannot  be  provided,  and estimate state sales data by (i) dividing its national sales data by weight by the national  population  according  to the  most  recent census and multiplying the result by the population of the state, or (ii) another method approved by the department;  (b) the  quantity,  by  weight,  of  electronic  waste  collected  for recycling  or  reuse  in  this state, categorized by the type of covered electronic equipment collected during the reporting period, the  methods used  to  accept  the  electronic  waste,  and the approximate weight of electronic waste accepted by each method used to the extent known;  (c) all quantities of electronic waste reported  by  the  manufacturer must  separately  include  electronic  waste generated by New York state consumers and electronic waste received  from  or  shipped  outside  the state:  (i)  the  quantity,  by  weight,  of  electronic  waste received directly from consumers in the state through a mail back  program;  (ii) the   name  and  address  of  each  electronic  waste  collection  site, electronic waste consolidation facility, and electronic waste  recycling facility at which electronic waste from consumers was received on behalf of  the  manufacturer  during  the  reporting  period,  along  with  the quantity, by weight, of electronic waste received; and  (iii)  the  name and  address  of  each  person  to whom the manufacturer 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;  (d) the number of electronic waste acceptance credits purchased, sold, banked  and traded during the reporting period, the number of electronic waste acceptance credits  used  to  meet  the  requirements  of  section 27-2603  of  this  title,  and from whom they were purchased and to whom they were sold or traded, and the number of electronic waste  acceptance credits retained as of the date of the report;  (e)  the  amount  of  any  recycling  surcharge owed for the reporting period, with sufficient information to demonstrate  the  basis  for  the calculation of the surcharge;  (f)  the  names and locations of electronic waste recycling facilities utilized by the manufacturer and entities to which electronic  waste  is sent  for  reuse,  whether  in the state or outside the state, including details on the methods of recycling or reuse of  electronic  waste,  any disassembly  or  physical recovery operation used, and the environmental management measures implemented by such recycling facility or entity;  (g) information detailing the acceptance  methods  made  available  to consumers  in municipalities which have a population of greater than ten thousand and in each county of the state to  meet  the  requirements  of paragraph (a) of subdivision five of section 27-2605 of this title;  (h)  a brief description of its public education program including the number of visits to the internet website  and  calls  to  the  toll-free telephone  number  provided  by  the manufacturer as required by section 27-2605 of this title;  (i) any other information as required by the department; and  (j) a signature by an officer, director, or other individual affirming the accuracy of the report.   2.   The   department   may   require   annual  reports  to  be  filed electronically.   3. The report shall be accompanied by an annual reporting fee of three thousand dollars, and any recycling surcharge due  pursuant  to  section 27-2603 of this title.   4. The department shall submit a report on implementation of the title in  this  state  to  the  governor  and  legislature by April first, two thousand twelve and every two years thereafter. The report must include, at a minimum, an evaluation of:  (a) the electronic waste stream in the state;  (b) recycling and reuse rates in  the  state  for  covered  electronic equipment;  (c)  a  discussion  of  compliance  and  enforcement  related  to  the requirements of this title;  (d) recommendations for any changes to this title; and  (e) a discussion of opportunities  for  business  development  in  the state  related  to the acceptance, collection, handling and recycling or reuse of electronic equipment in this state.