N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.2
Current through Register Vol. 46, No. 45, November 2, 2024
Section 368-3.2 - DefinitionsThe following terms have the following meanings when used in this Subpart.
(a) 'Acceptance standard' means the minimum amount of electronic waste that a manufacturer must accept for a calendar year in its electronic waste acceptance program through registered program partners to avoid a recycling surcharge as prescribed in subdivision (b) of section 368-3.6 of this Subpart.(b) 'Business consumer' means a for-profit entity which has 50 or more full-time employees or a not-for-profit corporation with 75 or more full-time employees, other than a not-for-profit corporation designated under Internal Revenue Code (26 USC) § 501(c)(3), which is incorporated by reference as Title 26 of the United States Code (Internal Revenue Code), Subtitle A (Income Taxes), Chapter 1 (Normal Taxes and Surtaxes), Subchapter F (Exempt Organizations), Part I (General Rule), Section 501 (Exemption from tax on corporations, certain trusts, etc.), December 20, 2019, and is on file with the New York State Department of State, available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, and available for inspection and copying at the department's office located at 625 Broadway, Albany, New York 12233.(c) 'Cathode ray tube' or 'CRT' means a vacuum tube or picture tube used to convert an electronic signal into a visual image.(d) 'Collective' means an organization established to administer an electronic waste acceptance program on behalf of one or more manufacturers.(e) 'Computer' means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing a logical, arithmetic, or storage function, and may include both the central processing unit and the monitor.(1) 'Computer' includes, but is not limited to: (iv) a notebook computer;(v) a workstation computer;(vii) an all-in-one computer;(viii) an interactive flat panel display with built-in processor;(x) a thin client computer;(xi) virtual reality headset with built-in processor; or(xii) other similar devices as determined by the department.(2) 'Computer' does not include: (i) an automated typewriter or typesetter;(ii) a portable hand-held calculator;(iii) a portable digital assistant;(v) other similar devices as determined by the department.(f) 'Computer peripheral' means: (2) an electronic keyboard;(3) an electronic mouse or similar pointing device;(6) a document scanner weighing less than 100 pounds;(7) a printer weighing less than 100 pounds intended for use with a computer; or(8) other similar devices as determined by the department.(g) 'Consumer' means a person located in the state who owns or uses CEE, including but not limited to an individual, a business, corporation, limited partnership, not-for-profit corporation, the state, a public corporation, public school, school district, private or parochial school, board of cooperative educational services, or governmental entity. 'Consumer' does not include an entity involved only in a wholesale transaction between a distributor and retailer.(h) 'Covered electronic equipment' or 'CEE' means: (1) one or more of the following, and includes any cable, cord, or wiring permanently affixed to or incorporated into the equipment: (ii) a computer peripheral;(iii) small electronic equipment;(iv) a small-scale server;(2) CEE does not include: (i) any motor vehicle or any motor vehicle part;(ii) a camera or video camera;(iii) a portable or stationary radio;(iv) household appliances such as a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, oven, range, or dishwasher;(v) equipment that is functionally or physically a permanent part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting;(vi) security or anti-terrorism equipment and its components specifically manufactured and marketed for residential or commercial security or anti-terrorism purposes;(vii) a monitoring and control instrument or system;(ix) a hand-held transceiver;(x) a telephone of any type, including a cellular, wireless, or smart phone device;(xi) a portable digital assistant or similar device;(xiii) a global positioning system (GPS) receiver or similar navigation device;(xiv) a server other than a small-scale server;(xv) a cash register or retail self-checkout system;(xvi) stand-alone storage equipment intended for use in industrial, research and development or commercial settings;(xvii) commercial medical equipment that contains within it a CRT, a flat panel display, or similar video display device, and is not separate from the larger piece of equipment;(xviii) other medical devices, as the term "device" is used in 21 USC § 321(h) of the Federal Food, Drug, and Cosmetic Act, which is incorporated by reference as Title 21 of the United States Code (Food and Drugs), Chapter 9 (Federal Food, Drug, and Cosmetic Act), Subchapter II (Definitions), Section 321 (Definitions; generally), 2019, and is on file with the New York State Department of State, available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, and available for inspection and copying at the department's office located at 625 Broadway, Albany, New York 12233. (xix) toys that do not otherwise meet the definition of CEE; or(xx) other similar devices as determined by the department.(i) 'Department' means the New York State Department of Environmental Conservation.(j) 'ECL' means chapter 43-B of the Consolidated Laws of the State of New York, entitled the Environmental Conservation Law.(k) 'Electronic waste' means CEE that has been discarded or is no longer wanted by its owner, or for any other reason enters the waste collection, recovery, treatment, processing, or recycling system. 'Electronic waste' includes broken or damaged CEE unless only the case, shell, or other enclosure of the CEE remains after incorporated assemblies, sub-assemblies, components, materials, wiring, circuitry, and commodities have been completely removed.(l) 'Electronic waste acceptance program' or 'acceptance program' means a program established and maintained by a manufacturer or collective to fulfill manufacturers' requirements and obligations under subdivision 5 of ECL § 27-2605.(m) 'Electronic waste collection site' or 'collection site' means a site at a fixed or temporary location at which electronic waste is accepted from consumers and stored for more than five days, consecutive or not, in a calendar year before the waste is sent off-site for recycling or reuse. Electronic waste collection sites include, but are not limited to, the following sites located within the state that have agreed to accept electronic waste from consumers:(1) dedicated sites and facilities for the acceptance of electronic waste;(2) retail stores and outlets;(3) municipal or private electronic waste collection sites; and(4) not-for-profit donation sites.(n) 'Electronic waste collection event' means a single or multiple day collection activity conducted by any person at a location where electronic waste is accepted on a predetermined day and time and temporarily stored for a total of five days or less, consecutive or not, in a calendar year.(o) 'Electronic waste collector' or 'collector' means a person who accepts through mail-back, or otherwise receives electronic waste from a consumer, but is not registered as an electronic waste collection site, consolidation facility, or recycling facility. A collector does not mean a person solely transporting electronic waste.(p) 'Electronic waste consolidation facility' or 'consolidation facility' means a facility that receives and stores electronic waste for the purpose of organizing, categorizing, or consolidating items of electronic waste before the waste is transported to an electronic waste recycling facility. 'Electronic waste consolidation facility' includes, but is not limited to, a facility of a broker acting as an intermediary between an electronic waste buyer and seller, and a regional center at which electronic waste is organized, categorized, or consolidated after being transported from an electronic waste collection event, electronic waste collection site, or other electronic waste consolidation facility.(q) 'Electronic waste recycling facility' or 'recycling facility' means a facility at which electronic waste is recycled.(r) 'Label' means a permanent marking conveying information that is attached, printed, engraved, or incorporated in any other permanent way on the surface of CEE that is obvious and visible to users of the CEE.(s)(1) 'Manufacturer' means a person who: (i) assembles or substantially assembles CEE for sale in the state;(ii) manufactures CEE under its own brand name or under any other brand name for sale in the state;(iii) sells, under its own brand name, CEE in the state;(iv) owns a brand name that it licenses to another person for use on CEE sold in the state;(v) imports CEE for sale in the state; or(vi) manufactures CEE for sale in the state without affixing a brand name.(2) 'Manufacturer' does not include a person: (i) who assembles or substantially assembles, and sells less than one thousand (1,000) units of CEE annually in the state; or(ii) whose primary business is the sale of CEE which is comprised primarily of rebuilt, refurbished or used components.(t) 'Manufacturer's brand' or 'brand' means a manufacturer's name, brand name, or brand label and all manufacturer's names, brand names, and brand labels for which the manufacturer has a legal right or interest, including those names, brand names, and brand labels of companies that have been acquired by the manufacturer or in which the manufacturer asserts a legal interest such as trademark, license, service mark, or patent.(u) 'Material change' means a change to information required to be submitted to the department on an online registration or annual report form including, but not limited to, changes in contact information, types and brands of CEE, the acceptance program or acceptance methods, public education program details, recycling methods employed, and entities to which electronic waste or electronic waste component materials are sent for further processing or reuse.(v) 'Monitor' means a separate visual display device, whether sold separately or together with a computer central processing unit, and its case, interior wires, and circuitry.(w) 'Person' means any individual, public or private corporation, political subdivision, government agency, school, institution, university, authority, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate, or any other legal entity.(x) 'Premium service' means a service for which a consumer may be charged, including: (1) any equipment or data security service, including, but not limited to, data wiping, data transfer, and hard drive removal and shredding;(2) refurbishment for reuse by a consumer;(3) a special pickup request when a reasonably convenient method of acceptance is available to the consumer;(4) A curbside pickup service when a reasonably convenient method of acceptance is available to the consumer;(5) collection and recycling of CEE that was intentionally broken, damaged, or intentionally had components partially removed, including incorporated assemblies, sub-assemblies, materials, wiring, circuitry, and commodities; or(6) other service as determined by the department; and(7) may occur at a time and location beyond the point of acceptance.(y) 'Program partner' means any registered electronic waste collection site, electronic waste consolidation facility, electronic waste recycling facility, or electronic waste collector that has an agreement in place to accept electronic waste as part of an electronic waste acceptance program.(z) 'Recycle' means to separate, dismantle, or process the materials, components, or commodities contained in electronic waste for the purpose of preparing the materials, components, or commodities for use or reuse in new products or components thereof, but not for energy recovery or energy generation by means of combustion, gasification, pyrolysis, or other means. Recycling includes the manual and mechanical separation of electronic waste to recover materials, components, or commodities contained therein for reuse or recycling, and changing the physical or chemical composition of electronic waste to segregate components for recycling those components.(aa) 'Retailer' means a person who sells CEE to a person in the state through any means including, but not limited to, transactions conducted through retail sales outlets, mail, catalogs, the telephone, the internet, or any electronic means. Retailer does not include a person who sells or offers for sale fewer than ten items of CEE during a calendar year.(bb) 'Reuse' means the use of electronic waste that is either: (1) removed from the waste stream for use for the same purpose for which it was manufactured, including the continued use of whole systems or components, and tested and certified to be in good working order; or(2) removed from the waste stream, refurbished for use for the same purpose for which it was manufactured, and tested and certified to be in good working order.(cc) 'Sell' or 'sale' means: (1) any transfer for consideration of title or the right to use, from a manufacturer or retailer to a person, including, but not limited to:(i) transactions conducted through retail sales outlets;(ii) transactions conducted through catalogs;(iii) transactions conducted through mail;(iv) transactions conducted through the telephone;(v) transactions conducted through the internet;(vi) transactions conducted through any electronic means; or(vii) the transfer of new or used equipment that has been refurbished by its manufacturer or manufacturer-approved party and that is offered for sale by a manufacturer or retailer.(2) 'Sell' or 'sale' does not include: (i) consumer-to-consumer second-hand transfer of CEE;(ii) the transfer of used CEE;(iv) wholesale transactions among a manufacturer, wholesaler, and retailer.(dd) 'Small electronic equipment' means: (1) any portable battery-powered digital music player with memory capability;(2) a video cassette player or recorder;(3) a digital video disc player or recorder;(4) a digital video recorder;(5) a digital converter box;(6) a cable or satellite television receiver (excluding the satellite dish);(7) an electronic or video game console (including handheld game consoles); or(8) other similar devices as determined by the department.(ee) 'Small-scale server' means a device that typically uses desktop components in a desktop form factor, but is designed primarily to be a storage host for computers. To be considered a small-scale server, the device must: (1) be designed in a pedestal, tower, or other form factor similar to those of desktop computers where all data processing, storage, and network interfacing is contained within one box or product;(2) be capable of supporting only a single processor;(3) be designed to operate 24 hours per day, seven days a week, with minimal unscheduled downtime (on the order of hours/year);(4) be capable of operating in a simultaneous multi-user environment serving several users through networked client units; and(5) be designed for an industry accepted operating system.(ff) 'Television' means a display system containing a CRT or any other type of display primarily intended to receive video programming via broadcast, cable, or satellite transmission, having a viewable area greater than four inches when measured diagonally.(gg) 'Visual display device' means a device using a CRT, liquid crystal display, light emitting diode, gas plasma, digital light processing, or other image projection or display technology, having a viewable area greater than four inches when measured diagonally, and includes, but is not limited to: (2) digital picture frame;(3) interactive flat panel display;(5) other similar device as determined by the department.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.2
Adopted New York State Register February 23, 2022/Volume XLIV, Issue 08, eff. 3/10/2022