New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.10 - Electronic waste recycling facility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No person may operate an electronic waste recycling
						facility in the state unless the recycling facility has been registered with the
						department and is in compliance with the requirements of this section.
(a) Registration.
(1) Online registration form. Each owner,
					 operator, or person that intends to operate an electronic waste recycling
					 facility must register the recycling facility with the department by completing
					 and submitting an online registration form, as prescribed by the department, at
					 least 90 days prior to commencement of operation.
(2) Recycling facility registration fee. A
					 one-time, non-refundable registration fee of two hundred dollars ($250) is
					 required at the time of registration of a recycling facility.
(3) Closure plan. A closure plan for the
					 recycling facility must be submitted with the online registration form required
					 in paragraph (1) of this subdivision and must be annually updated and submitted
					 with the annual report form required in subdivision (g) of this section. The
					 closure plan shall identify the steps necessary to close the recycling facility
					 and must address all of the closure requirements in subdivision 368-3.10(i)  of
					 this section including the following information:
(i) the amount of electronic waste and
					 component material, by type, to be received, stored, and processed annually and
					 associated storage capacity of each;
(ii) the method of processing, described in
					 detail, of each type of electronic waste and component material that will take
					 place; and
(iii) the maximum
					 available storage capacity for the storage of all electronic waste and component
					 material onsite.
(4)
					 Closure cost estimate. A detailed written closure cost estimate, in current
					 dollars, of the cost of hiring a third party to perform all closure requirements
					 must be included with the submission of the closure plan. During the active life
					 of the recycling facility, the owner or operator must annually submit to the
					 department for review and approval adjusted closure cost estimates, including
					 supporting justification to account for inflation and changes in facility
					 conditions. The closure cost estimate must:
(i)
					 at a minimum, include the cost to load, transport, and dispose of the maximum
					 storage capacity at that facility. Cost estimates must also include or reflect
					 the design, materials, equipment, labor, administration, and quality assurance
					 for closure in accordance with the facility-specific closure plan. Additional
					 financial assurance may be required on a site-specific basis if the potential
					 exists for storage beyond the storage capacity; and
(ii) not incorporate any salvage value that may
					 be realized with the sale of materials, facility structures or equipment, land,
					 or other assets associated with the facility at the time of closure.
(5) Financial assurance. After
					 approval of the registration information including the closure cost estimate, the
					 owner or operator of an electronic waste recycling facility must obtain financial
					 assurance, in accordance with the provisions of subdivisions
					 360.22(c),
					 (d), and (e) of this Title, in an amount
					 sufficient to cover at least the closure cost estimate provided in the recycling
					 facility's closure plan. The owner or operator of an electronic waste recycling
					 facility must provide proof of financial assurance to the department within 180
					 days of registration approval.
(6)
					 Acceptance by the department. A recycling facility's registration is effective
					 upon receiving notification of approval by the department. To receive approval
					 from the department, the owner or operator of a recycling facility must
					 demonstrate compliance with the requirements of paragraphs (1) through (5) of
					 this subdivision.