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

§ 27-2613. Electronic waste collection, consolidation and recycling.\n 1. Electronic waste collection sites. No later than January first, two\nthousand eleven, each person who owns or operates an electronic waste\ncollection site in the state shall:\n (a) register with the department on a form prescribed by the\ndepartment. The department may require such form to be filed\nelectronically. The registration shall include: (i) the name, address,\nand telephone number of the owners and the operators of the electronic\nwaste collection site; and (ii) the name, address, and telephone number\nof the electronic waste collection site. Any person who commences the\noperation of an electronic waste collection site on or after January\nfirst, two thousand eleven shall register with the department at least\nthirty days prior to receiving any electronic waste at such collection\nsite. A registration is effective upon acceptance by the department. In\nthe case of collection sites operated by a retailer, a single\nregistration listing the name, address, and telephone number of the\nindividual collection sites may be submitted covering all their\ncollection sites;\n (b) beginning March first, two thousand twelve, each person operating\nan electronic waste collection site shall submit to the department an\nannual report for the period of April first, two thousand eleven through\nDecember thirty-first, two thousand eleven and each calendar year\nthereafter, on a form prescribed by the department. The department may\nrequire annual reports to be filed electronically. Annual reports shall\ninclude, but not be limited to, the following information: (i) the\nquantity, by weight, of electronic waste received from consumers in the\nstate; (ii) the name and address of each person to whom the electronic\nwaste collection site sent electronic waste during the reporting period,\nalong with the quantity, by weight, of electronic waste that was sent to\neach such person; and (iii) the weight of electronic waste collected on\nbehalf of or pursuant to an agreement with each manufacturer during the\nreporting period. All quantities of electronic waste reported by the\ncollection site must separately include electronic waste generated by\nNew York state consumers and electronic waste received from or shipped\noutside the state;\n (c) manage electronic waste in a manner that complies with all\napplicable laws, rules and regulations;\n (d) store electronic waste (i) in a fully enclosed building with a\nroof, floor and walls, or (ii) in a secure container (e.g., package or\nvehicle), that is constructed and maintained to minimize breakage of\nelectronic waste and to prevent releases of hazardous materials to the\nenvironment;\n (e) remove electronic waste from the site within one year of the\nwaste's receipt at the site, and maintain records demonstrating\ncompliance with this requirement.\n 2. Electronic waste consolidation facilities. (a) No later than\nJanuary first, two thousand eleven, each person who operates an\nelectronic waste consolidation facility in the state shall register with\nthe department on a form prescribed by the department. The department\nmay require such form to be filed electronically. The registration shall\ninclude: (i) the name, address and telephone number of the owner and the\noperator of the facility; and (ii) the name, address and telephone\nnumber of the electronic waste consolidation facility. Any person who\ncommences the operation of an electronic waste consolidation facility on\nor after January first, two thousand eleven shall register with the\ndepartment at least thirty days prior to receiving any electronic waste.\nA registration is effective upon acceptance by the department. Any\nregistration required by this paragraph shall be accompanied by a\nregistration fee of two hundred fifty dollars.\n (b) Beginning March first, two thousand twelve, each person operating\nan electronic waste consolidation facility shall submit to the\ndepartment an annual report for the period of April first, two thousand\neleven through December thirty-first, two thousand eleven and each\ncalendar year thereafter, on a form prescribed by the department. The\ndepartment may require annual reports to be filed electronically. Annual\nreports shall include, but not be limited to, the following information:\n(i) the name and address of each electronic waste collection site from\nwhich the consolidation facility received electronic waste during the\nreporting period, along with the quantity, by weight, of electronic\nwaste received from each collection site; (ii) the name and address of\neach person to whom the electronic waste consolidation facility sent\nelectronic waste during the reporting period, along with the quantity,\nby weight, of electronic waste that was sent to each such person; (iii)\nthe weight of electronic waste collected on behalf of or pursuant to an\nagreement with each manufacturer during the reporting period; and (iv) a\ncertification by the owner or operator of the electronic waste\nconsolidation facility that such a facility has complied with the\nrequirements of this title and all other applicable laws, rules, and\nregulations. All quantities of electronic waste reported by the\nconsolidation facility must separately include electronic waste\ngenerated by New York state consumers and electronic waste received from\nor shipped outside the state.\n (c) Each person operating an electronic waste consolidation facility\nshall:\n (i) manage electronic waste in a manner that complies with all\napplicable laws, rules and regulations;\n (ii) store electronic waste (A) in a fully enclosed building with a\nroof, floor and walls, or (B) in a secure container (e.g., package or\nvehicle), that is constructed and maintained to minimize breakage of\nelectronic waste and to prevent releases of hazardous materials to the\nenvironment;\n (iii) have a means to control entry, at all times, to the active\nportion of the facility;\n (iv) inform all employees who handle or have responsibility for\nmanaging electronic waste about the proper handling and emergency\nprocedures appropriate to the type or types of electronic waste handled\nat the facility;\n (v) remove electronic waste from the site within one year of the\nwaste's receipt at the site, and maintain records demonstrating\ncompliance with this requirement; and\n (vi) maintain the records required by paragraphs (a) and (b) of this\nsubdivision and by subparagraph (v) of this paragraph on site and make\nthem available for audit and inspection by the department for a period\nof three years.\n (d) A person operating an electronic waste consolidation facility\nshall not engage in electronic waste recycling unless such person is\nalso registered as an electronic waste recycling facility, and complies\nwith the requirements of this section that are applicable to each type\nof facility.\n (e) A person operating an electronic waste consolidation facility may\naccept electronic waste in the same manner as an electronic waste\ncollection site provided that such person complies with the requirements\nof this section that are applicable to electronic waste collection\nsites.\n 3. Electronic waste recycling facilities. (a) No later than January\nfirst, two thousand eleven, each person operating an electronic waste\nrecycling facility in the state shall register with the department on a\nform prescribed by the department. The department may require such form\nto be filed electronically. The registration shall include: (i) the\nname, address and telephone number of the owner and the operator of the\nfacility; and (ii) the name, address, and telephone number of the\nelectronic waste recycling facility. Any person who commences the\noperation of an electronic waste recycling facility on or after January\nfirst, two thousand eleven shall register with the department at least\nthirty days prior to receiving any electronic waste. A registration is\neffective upon acceptance by the department. Any registration required\nby this paragraph shall be accompanied by a registration fee of two\nhundred fifty dollars.\n (b) Beginning March first, two thousand twelve, each person operating\nan electronic waste recycling facility shall submit to the department an\nannual report for the period of April first, two thousand eleven through\nDecember thirty-first, two thousand eleven and each calendar year\nthereafter, on a form prescribed by the department. The department may\nrequire annual reports to be filed electronically. Annual reports shall\ninclude, but not be limited to, the following information: (i) the\nquantity, by weight, of electronic waste received from consumers in the\nstate; (ii) the name and address of each electronic waste collection\nsite and electronic waste consolidation facility from which electronic\nwaste was received during the reporting period, along with the quantity,\nby weight, of electronic waste received from each person; (iii) the name\nand address of each person to whom the facility sent electronic waste or\ncomponent materials during the reporting period, along with the\nquantity, by weight, of electronic waste or component materials thereof\nsent to each such person; (iv) the weight of electronic waste collected\non behalf of or pursuant to an agreement with each manufacturer during\nthe reporting period; and (v) a certification by the owner or operator\nof the facility that such facility has complied with the requirements of\nthis title and all other applicable laws, rules, and regulations. All\nquantities of electronic waste reported by the recycling facility must\nseparately include electronic waste generated by New York state\nconsumers and electronic waste received from or shipped outside the\nstate.\n (c) Each person operating an electronic waste recycling facility\nshall:\n (i) manage and recycle electronic waste in a manner that complies with\nall applicable laws, rules and regulations;\n (ii) store electronic waste (A) in a fully enclosed building with a\nroof, floor and walls, or (B) in a secure container (e.g., package or\nvehicle), that is constructed and maintained to minimize breakage of\nelectronic waste and to prevent releases of hazardous materials to the\nenvironment;\n (iii) have a means to control entry, at all times, through gates or\nother entrances to the active portion of the facility;\n (iv) inform all employees who handle or have responsibility for\nmanaging electronic waste about proper handling and emergency procedures\nappropriate to the type or types of electronic waste handled at the\nfacility;\n (v) remove electronic waste from the site within one year of the\nwaste's receipt at the site, and maintain records demonstrating\ncompliance with this requirement; and\n (vi) maintain the records required by paragraphs (a) and (b) of this\nsubdivision and by subparagraph (v) of this paragraph on site and make\nthem available for audit and inspection by the department for a period\nof three years.\n (d) A person operating an electronic waste recycling facility may also\noperate such facility as an electronic waste consolidation facility\nprovided that such person complies with the requirements of this section\nthat are applicable to each type of facility. Where a facility is\noperated for both purposes, only one registration fee must be paid.\n (e) A person operating an electronic waste recycling facility may\naccept electronic waste in the same manner as an electronic waste\ncollection site provided that such person complies with the requirements\nof this section that are applicable to electronic waste collection\nsites.\n 4. Except to the extent otherwise required by law, no manufacturer or\nperson operating an electronic waste collection site, electronic waste\nconsolidation facility or electronic waste recycling facility shall have\nany responsibility or liability for any data in any form stored on\nelectronic waste surrendered for recycling or reuse, unless such person\nmisuses or knowingly and intentionally, or with gross negligence,\ndiscloses the data. This provision shall not prohibit any such person\nfrom entering into agreements that provide for the destruction of data\non covered electronic equipment.\n