N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 368-3.10 - Electronic waste recycling facility requirements

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.

(b) Operating requirements. Each owner or operator of an electronic waste recycling facility must operate the recycling facility in compliance with the following minimum operating requirements:

(1) implement measures to prevent unauthorized entry and access to the active portion of the recycling facility at all times;

(2) store electronic waste in a manner that minimizes breakage, protects electronic waste from weather, and prevents release of hazardous materials to the environment, and store electronic waste at the recycling facility in either:

(i) a fully enclosed building with a roof, floor, and walls; or

(ii) a secure, enclosed container, such as a shipping container, box truck, or trailer;

(3) immediately clean up electronic waste that is broken or shows evidence of breakage, leakage, or damage that could cause the release of a hazardous waste constituent to the environment, immediately place it in a sound and closed container that is appropriate for storing the potential hazardous waste constituent, determine whether any material resulting from the release is hazardous waste, and if so, must manage the hazardous waste in compliance with all applicable requirements of Parts 370 through Subpart 374-1 and Part 376 of this Title. The handler is considered the generator of the material resulting from the release, and is subject to Part 372 of this Title;

(4) remove electronic waste from the recycling facility within one year of the receipt of the waste at the recycling facility;

(5) inform and train all employees who handle or have responsibility for managing electronic waste about the proper handling and emergency procedures appropriate for the type or types of electronic waste handled at the recycling facility;

(6) maintain all records of electronic waste receipt, storage, and shipment required under this Subpart on site for a period of not less than three years and make these records available to the department for inspection upon request, including, but not limited to, records for the recycling facility's electronic waste tracking system required by paragraph 368-3.10;

(7) provide the department, including its employees, agents, and representatives, with access at all reasonable times during normal business hours to enter and inspect any recycling facility, including, but not limited to, any property or premises proposed for registration as a recycling facility;

(8) for any electronic waste recycling facility that is a program partner of a manufacturer's or collective's electronic waste acceptance program, accept all electronic waste in accordance with that acceptance program;

(9) for any electronic waste recycling facility also operating as an electronic waste collection site, but that collection site is not a program partner of a manufacturer's or collective's electronic waste acceptance program, must post on site at the recycling facility conspicuous signage no smaller than 8.5 inches by 11 inches, as well as post a notice on its website, containing language which states, "For free and convenient electronic waste recycling options, please visit the NYS Department of Environmental Conservation's website." The current Uniform Resource Locator (URL) address, or website address, must also be provided in such notice;

(10) implement and maintain an electronic waste tracking system that, at a minimum, identifies:

(i) the date, weight, types, and origin of all electronic waste received at the recycling facility;

(ii) the date, weight, types, and destination of all electronic waste and electronic waste component materials leaving the recycling facility; and

(iii) the weight of electronic waste accepted that is allocated to an electronic waste acceptance program by the recycling facility, including the date, weight, and types of electronic waste received, as well as the electronic waste acceptance program to which the weight was allocated. Recycling facilities that send any allocated electronic waste for further processing must notify each receiving recycling facility or electronic waste collector that the weight of the transferred waste is no longer eligible to be allocated to an acceptance program; and

(11) clearly label all electronic waste and component materials with the date of receipt at the recycling facility and a tracking number that corresponds to the recycling facility's electronic waste tracking system. The label must be at least 4 inches by 6 inches in size, with at least 1-inch font, and must be affixed to each pallet or container of electronic waste and component materials.

(c) Operation of combination facilities. The owner or operator of an electronic waste recycling facility may accept electronic waste in the same manner as an electronic waste collection site or consolidation facility if:

(1) the recycling facility is being operated in compliance with the applicable requirements for an electronic waste collection site in section 368-3.8 of this Subpart or an electronic waste consolidation facility in section 368-3.9 of this Subpart; and

(2) the registration approved for the recycling facility also approved to operate as a collection site or consolidation facility, which may all be requested by filing a single, joint online registration form, as prescribed by the department.

(d) Acceptance at no charge.

(1) Each owner or operator of a recycling facility that is participating in an electronic waste acceptance program (i.e., a program partner), must not charge for the acceptance of electronic waste from consumers, but may charge for the acceptance of electronic waste from business consumers or for providing a premium service.

(2) An owner or operator of a recycling facility must not charge any electronic waste collection site or consolidation facility for costs associated with acceptance of electronic waste that is part of a manufacturer's or collective's acceptance program, including, but not limited to, costs for collection, handling or transportation. In addition, an owner or operator of a recycling facility must not charge for the acceptance of any electronic waste from a consumer that is accepted directly or by way of a collection event identified as part of a manufacturer's or collective's acceptance program

(e) Reuse.

(1) An owner or operator of a recycling facility engaged in removing CEE from the electronic waste stream for reuse must test and certify, within one year of receipt by the recycling facility, that the CEE intended for reuse is in good working condition for the same purpose for which it was manufactured.

(2) Any CEE that is tested and not certified to be in good working order must be recycled or sent for recycling within one year of its receipt by the recycling facility.

(3) Harvesting of components from electronic waste is not considered reuse.

(4) The weight of CEE designated for reuse must be reported separately from the weight of electronic waste recycled or sent for recycling in the recycling facility's annual report.

(f) Collection event notification. The owner or operator of a recycling facility who plans to hold an electronic waste collection event at its recycling facility must comply with all applicable collection event requirements in section 368-3.12 of this Subpart.

(g) Annual reporting. The owner or operator of a recycling facility must submit an annual report for the recycling facility to the department in compliance with this subdivision.

(1) Online annual report forms. A report must be submitted to the department for the recycling facility annually by March 1st for the previous calendar year on an online annual report form as prescribed by the department. A complete submission must include at least the information required about the recycling facility in ECL § 27-2613(3)(b).

(2) Annual report update. The owner or operator of a recycling facility must update its online annual report form within 30 days of a material change to any information provided to the department in the registration or annual report.

(3) Signature affirming accuracy of the annual report. The owner or operator of a recycling facility must provide a signature by an officer, director, or other duly authorized individual affirming the accuracy of the annual report. This signature may be submitted in an electronic format prescribed by the department.

(h) Withdrawal and revocation.

(1) Registration withdrawal. Each owner or operator that intends to cease operations at its recycling facility, or has ceased operations at its recycling facility, must request withdrawal of its registration from the department and must:

(i) submit a final annual report to the department in compliance with the requirements of subdivision 368-3.10(g) of this section for at least the calendar year in which the recycling facility's registration was withdrawn; and

(ii) comply with the closure requirements in subdivision 368-3.10(i) of this section and in the facility's closure plan.

(2) Revocation of a registration. The department may revoke the registration of a recycling facility, pursuant to section 621.13 of this Title, if the owner or operator of a recycling facility fails to comply with any of the requirements of section 368-3.10 of this Subpart.

(i) Each owner or operator of a recycling facility must submit a final annual report in compliance with the requirements of subdivision 368-3.10(g) of this section for the calendar year in which the recycling facility's registration was revoked.

(ii) Each owner or operator of a recycling facility that has its registration revoked must comply with all applicable closure requirements in subdivision 368-3.10(i) of this section.

(iii) If a recycling facility's registration is revoked, the collection of electronic waste at the recycling facility must cease immediately.

(i) Closure requirements. Each owner or operator of an electronic waste recycling facility intending to cease the collection and recycling of electronic waste at the recycling facility must comply with all applicable state and federal solid and hazardous waste requirements and the following closure requirements:

(1) notify the department in writing at least 30 days before the anticipated date of termination of use of the recycling facility;

(2) cease receipt of electronic waste at the recycling facility by the date of termination of use of the electronic waste recycling facility, or immediately if registration is revoked;

(3) remove and deliver all electronic waste, component materials, and commodities from the recycling facility to a facility authorized to accept the waste within 90 days of the date of termination of use of the electronic waste recycling facility;

(4) decontaminate the recycling facility, in accordance with applicable laws and regulations, to ensure the site has been cleaned to the satisfaction of the department in a manner that minimizes or eliminates all contaminated materials, hazardous waste, or hazardous waste residues to the extent necessary to protect human health and the environment; and

(5) submit a certification to the department within 30 days of completion of all closure requirements that:

(i) all electronic waste related activities have ceased at the recycling facility;

(ii) all electronic waste at the recycling facility has been sent for proper recycling or reuse;

(iii) the recycling facility has been properly decontaminated;

(iv) all solid and hazardous waste at the recycling facility has been sent for proper recycling, treatment, or disposal; and

(v) includes information on the quantity and destination of all electronic waste, component materials, and commodities.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.10

Adopted New York State Register February 23, 2022/Volume XLIV, Issue 08, eff. 3/10/2022