N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.4

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

Section 368-3.4 - Collective requirements

A manufacturer or group of manufacturers may satisfy the electronic waste acceptance program requirements of section 368-3.5 of this Subpart by participating in a collective registered with the department. A collective's acceptance program must meet the same requirements as an individual manufacturer's acceptance program for each of its participating manufacturers.

(a) Registration.

(1) Online registration form. A collective must register with the department as a collective by completing and submitting an online registration form, as prescribed by the department.

(2) Collective registration fee. A collective must submit a one-time, non-refundable registration fee of ten thousand dollars ($10,000) to the department at the time of registration.

(3) Acceptance by the department. A collective's registration is effective upon notification of approval by the department. To receive approval from the department, the collective must demonstrate compliance with the requirements of paragraphs (1) and (2) of this subdivision.

(4) Registration update. A collective must update its online registration or annual report form within 30 days of a material change to any registration information provided to the department.

(b) Compliant electronic waste acceptance program. A collective must create and maintain an effective electronic waste acceptance program that is consistent with the requirements of paragraph 368-3.5 of this Subpart and convenient and continuous for the collection, handling, transportation, and recycling or reuse of electronic waste at no cost to consumers. The collective must not discourage or restrict continuous and convenient acceptance of electronic waste in its acceptance program. A collective must provide a detailed description of the electronic waste acceptance program to the department with its online registration form.

(c) Annual reporting. A collective 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 collective annually by March 1st, for the previous calendar year, on an online annual report form prescribed by the department.

(2) Annual report update. A collective must update its online annual report form within 30 days of a material change to any information provided to the department in the annual report.

(3) Signature affirming accuracy of the annual report. A collective 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) Records retention. All records 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 of electronic waste receipt, storage, and shipment.

(e) Withdrawal and revocation.

(1) Registration withdrawal. A collective that intends to cease operating as a collective must request withdrawal of its registration and must:

(i) notify the department of its request to withdraw, in writing on company letterhead, at least 90 days prior to ceasing operation as a collective and include the date the collective plans to cease operating its electronic waste acceptance program;

(ii) meet the annual reporting requirements of this section for the calendar year in which the collective's registration is withdrawn; and

(iii) notify participating manufacturers and program partners in writing at least 90 days prior to the date the collective will cease operation as a collective and provide a copy of such notification to the department.

(2) Revocation of a registration. The department may revoke a collective's registration, pursuant to section 621.13 of this Title, if the collective fails to comply with any of the requirements of section 368-3.5 of this Subpart. A collective must meet the annual reporting requirements of this section for the calendar year in which the collective's registration was revoked.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.4

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