N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.11

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

Section 368-3.11 - Electronic waste collector requirements

No person may operate as an electronic waste collector unless the person is registered with the department and is in compliance with the requirements of this section.

(a) Registration.

(1) Online registration form. Each electronic waste collector, or person intending to become an electronic waste collector, must register with the department as a collector by completing and submitting an online registration form, as prescribed by the department, at least 30 days prior to accepting or receiving any electronic waste from a consumer. Registration as an electronic waste collector does not require a registration fee.

(2) Acceptance by the department. An electronic waste collector's registration is effective upon receiving notification of approval by the department. To receive approval from the department, the collector must demonstrate compliance with the requirements of paragraph (1) of this subdivision.

(b) Acceptance at no charge.

(1) Each electronic waste collector that is participating in an electronic waste acceptance program (i.e., a program partner), must not charge for the acceptance or receipt 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 electronic waste collector must not charge any electronic waste collection site or electronic waste 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, a collector 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.

(c) Annual reporting. A collector must submit an annual report to the department in compliance with this subdivision.

(1) Online annual report form. A report must be submitted to the department for the collector annually by March 1st, for the previous calendar year, on an online annual report form as prescribed by the department.

(2) Annual report update. A collector 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 collector 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.

(d) Collection event notification. Any collector who plans to hold an electronic waste collection event must comply with all applicable collection event requirements in section 368-3.12 of this Subpart.

(e) Records retention. All records of electronic waste receipt, storage, and shipment required under this Subpart must be maintained for a period of not less than three years and be made available to the department upon request, including, but not limited to, records identifying the persons from which electronic waste and component materials were received and to whom they were shipped.

(f) Withdrawal and revocation.

(1) Registration withdrawal. An electronic waste collector that intends to cease accepting or receiving electronic waste, or has ceased accepting or receiving electronic waste, must request withdrawal of its registration from the department and must submit a final annual report to the department in compliance with the requirements of subdivision 368-3.11(c) of this section for at least the calendar year in which the collector's registration was withdrawn.

(2) Revocation of a registration. The department may revoke the registration of an electronic waste collector, pursuant to section 621.13 of this Title, if the collector fails to comply with any of the requirements of section 368-3.11 of this Subpart.

(i) Each collector must submit a final annual report in compliance with the requirements of subdivision 368-3.11(c) of this section for the calendar year in which the collector's registration was revoked.

(ii) If a collector's registration is revoked, the collector must cease accepting or receiving electronic waste from consumers immediately.

(g) Tracking of allocated weight. Each electronic waste collector must provide to the department, upon request, information about the weight of electronic waste accepted or received that is allocated to an electronic waste acceptance program by the collector, including the date, weight, and types of electronic waste accepted or received, as well as the electronic waste acceptance program to which the weight was allocated. A collector that sends any allocated electronic waste for further processing must notify each receiving consolidation facility, recycling facility, or electronic waste collector that such weight is no longer eligible to be allocated to an acceptance program.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.11

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