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 368-3.5 - Electronic waste acceptance program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 manufacturer, individually or as a member of a collective, must create and
					 maintain an effective electronic waste acceptance program that is both convenient
					 and continuous for the collection, handling, transportation, and recycling or
					 reuse of electronic waste at no cost to any consumer.
(b) A manufacturer, or its collective, must
					 include the following in its electronic waste acceptance program:
(1) Brand acceptance. Continuous collection and
					 acceptance of all brands of the manufacturer's CEE, including discontinued and
					 historical brands of the manufacturer;
(2) One-for-one acceptance. Acceptance of one
					 piece of electronic waste of any manufacturer's brand if offered by a consumer
					 when the consumer purchases the manufacturer's CEE of the same type;
(3) Type acceptance. Acceptance of at least the
					 same type(s) of electronic waste as the manufacturer's or participating
					 manufacturers' CEE, by all program partners and through all acceptance methods
					 provided as part of its acceptance program. However, a retail collection site
					 that is unable to accept all types of electronic waste is permitted to operate as
					 a program partner, and the weight accepted by such site able to be attributed to
					 a manufacturer's acceptance standard, provided the retail collection site accepts
					 electronic waste of the same type(s) of CEE it sells. The acceptance program is
					 still required to meet the convenience requirements pursuant to paragraph
					 368-3.5(b)(5);
(4) Program partner
					 compliance. Acceptance of electronic waste only through program partners that are
					 in compliance with applicable requirements in sections 368-3.7 through 368-3.11 
					 of this Subpart;
(5) Convenient
					 acceptance. Convenient acceptance of electronic waste to at least all counties of
					 the state and all municipalities that have a population of 10,000 or greater. To
					 be considered convenient, an electronic waste acceptance program must include:
(i) a mail-back acceptance method that provides
					 a consumer with all of the following:
'(a)' an
					 additional method of acceptance for electronic waste exceeding carrier shipping
					 limitations;
'(b)' all required
					 packaging material, free of charge to the consumer, to minimize breakage,
					 including, but not limited to, boxes, envelopes, and package cushioning, as well
					 as free shipping and handling; and
'(c)' pick up at the consumer's location, free
					 of charge, when no other free method of acceptance is offered and the shipping
					 carrier's drop-off location is not convenient to the consumer, as determined
					 pursuant to paragraph 368-3.5(b)(5);
(ii) electronic waste collection events that
					 are offered at a time, date, and for a duration appropriate to maximize
					 participation, and conducted in compliance with the electronic waste collection
					 event requirements of section 368-3.12  of this Subpart;
(iii) acceptance at permanent site and facility
					 locations that must accept electronic waste from consumers during normal business
					 hours, and are in compliance with the applicable requirements of sections
					 368-3.8, 368-3.9, and 368-3.10  of this Subpart; or
(iv) electronic waste pick-up at a consumer's
					 location, within 30 days of a consumer's request, free of charge, when no other
					 free and convenient acceptance method is provided to the consumer;
(6) Effective acceptance. Acceptance
					 that is effective must encourage consumers to use the method of acceptance and be
					 monitored, tracked, and documented by the manufacturer, or its collective, on a
					 quarterly basis to show the frequency of use by consumers in locations where the
					 method is offered. Documentation of the quarterly monitoring and tracking must
					 include weight, in pounds, of electronic waste accepted in each county and
					 municipality with a population of 10,000 or greater, as well as each acceptance
					 method offered. This documentation must be made available to the department upon
					 request;
(7) Continuous acceptance of
					 electronic waste. Acceptance that is maintained and implemented for the entire
					 calendar year, even if the manufacturer meets or exceeds its acceptance standard
					 before the end of the calendar year. A manufacturer, or its collective, must
					 demonstrate program continuity upon request by the department;
(8) Acceptance program partner notification.
					 Annual notification to all program partners, and persons conducting collection
					 events on its behalf, that electronic waste from consumers must be accepted in
					 compliance with this section;
(9)
					 Payment of program costs. Payment of all costs associated with the implementation
					 of its acceptance program, including, but not limited to, all costs for the
					 collection, handling, transportation, and recycling or reuse of electronic waste
					 incurred by all persons involved in the implementation of the acceptance program.
					 Costs associated with the acceptance and recycling or reuse of non-covered
					 electronic equipment are not the responsibility of an electronic waste acceptance
					 program.
(10) Acceptance at no
					 charge. A program partner must not charge any consumer, municipality, collection
					 site, or consolidation facility for the collection, handling, transportation, and
					 recycling or reuse of electronic waste that is accepted as part of an electronic
					 waste acceptance program but may charge for the acceptance of electronic waste
					 from a business consumer or for providing a premium service;
(11) Acceptance of broken or damaged electronic
					 waste. Acceptance for recycling of broken or damaged electronic waste, including
					 CRT-containing electronic waste with or without scrap metal attached, from which
					 incorporated assemblies, sub-assemblies, component materials, wiring, circuitry
					 and commodities have not been completely removed;
(12) A public education program. A public
					 education program intended to inform and educate consumers about its acceptance
					 program, encourage the acceptance program's use, and must include, at a minimum:
(i) an easily accessible and up-to-date public
					 education program website detailing a manufacturer's responsibilities to
					 consumers. A manufacturer must provide a clear and direct link to its public
					 education program website from its homepage. The public education program website
					 must:
'(a)' include details on how the consumer
					 may use the acceptance program's free and convenient acceptance methods,
					 including the identification of collection sites and facilities, collectors, and
					 collection events, as well as the hours of operation, CEE types, and brands
					 accepted at each location;
'(b)'
					 include detailed instructions on how the consumer may use the acceptance
					 program's free and convenient mail-back program, if applicable, demonstrating
					 compliance with subparagraph 368-3.5(b)(5)(i);
'(c)' include detailed instructions on how the
					 consumer may use the acceptance program's free and convenient acceptance methods
					 for both the manufacturer's brands acceptance required in paragraph 368-3.5(b)(1)
					 and the one-for-one acceptance required in paragraph 368-3.5(b)(2);
'(d)' in the case of manufacturers of
					 computers, hard drives, and other CEE that have internal memory on which personal
					 or other confidential data can be stored, provide instructions for how consumers
					 can destroy the data before surrendering the equipment for recycling or reuse;
					 and
'(e)' be updated annually, and
					 within 30 days of a material change to the acceptance program;
(ii) a toll-free telephone number
					 and email address to which consumers are able to inquire about electronic waste
					 recycling opportunities. A manufacturer must respond to consumers with an
					 appropriate resolution to any inquiry within 72 hours;
(iii) written information included in or with
					 the equipment manual, or offered to consumers at the time of sale of CEE, which
					 provides sufficient information to allow a consumer to understand how to return
					 the equipment for recycling or reuse; and
(iv) a minimum of two public service
					 announcements annually to educate consumers on the manufacturer's, or its
					 collective's, acceptance program.