N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.5

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

Section 368-3.5 - Electronic waste acceptance program

(a) A manufacturer, individually or as a member of a collective, must create and maintain an effective electronic waste acceptance program that is both convenient and continuous for the collection, handling, transportation, and recycling or reuse of electronic waste at no cost to any consumer.

(b) A manufacturer, or its collective, must include the following in its electronic waste acceptance program:

(1) Brand acceptance. Continuous collection and acceptance of all brands of the manufacturer's CEE, including discontinued and historical brands of the manufacturer;

(2) One-for-one acceptance. Acceptance of one piece of electronic waste of any manufacturer's brand if offered by a consumer when the consumer purchases the manufacturer's CEE of the same type;

(3) Type acceptance. Acceptance of at least the same type(s) of electronic waste as the manufacturer's or participating manufacturers' CEE, by all program partners and through all acceptance methods provided as part of its acceptance program. However, a retail collection site that is unable to accept all types of electronic waste is permitted to operate as a program partner, and the weight accepted by such site able to be attributed to a manufacturer's acceptance standard, provided the retail collection site accepts electronic waste of the same type(s) of CEE it sells. The acceptance program is still required to meet the convenience requirements pursuant to paragraph 368-3.5(b)(5);

(4) Program partner compliance. Acceptance of electronic waste only through program partners that are in compliance with applicable requirements in sections 368-3.7 through 368-3.11 of this Subpart;

(5) Convenient acceptance. Convenient acceptance of electronic waste to at least all counties of the state and all municipalities that have a population of 10,000 or greater. To be considered convenient, an electronic waste acceptance program must include:

(i) a mail-back acceptance method that provides a consumer with all of the following:

'(a)' an additional method of acceptance for electronic waste exceeding carrier shipping limitations;

'(b)' all required packaging material, free of charge to the consumer, to minimize breakage, including, but not limited to, boxes, envelopes, and package cushioning, as well as free shipping and handling; and

'(c)' pick up at the consumer's location, free of charge, when no other free method of acceptance is offered and the shipping carrier's drop-off location is not convenient to the consumer, as determined pursuant to paragraph 368-3.5(b)(5);

(ii) electronic waste collection events that are offered at a time, date, and for a duration appropriate to maximize participation, and conducted in compliance with the electronic waste collection event requirements of section 368-3.12 of this Subpart;

(iii) acceptance at permanent site and facility locations that must accept electronic waste from consumers during normal business hours, and are in compliance with the applicable requirements of sections 368-3.8, 368-3.9, and 368-3.10 of this Subpart; or

(iv) electronic waste pick-up at a consumer's location, within 30 days of a consumer's request, free of charge, when no other free and convenient acceptance method is provided to the consumer;

(6) Effective acceptance. Acceptance that is effective must encourage consumers to use the method of acceptance and be monitored, tracked, and documented by the manufacturer, or its collective, on a quarterly basis to show the frequency of use by consumers in locations where the method is offered. Documentation of the quarterly monitoring and tracking must include weight, in pounds, of electronic waste accepted in each county and municipality with a population of 10,000 or greater, as well as each acceptance method offered. This documentation must be made available to the department upon request;

(7) Continuous acceptance of electronic waste. Acceptance that is maintained and implemented for the entire calendar year, even if the manufacturer meets or exceeds its acceptance standard before the end of the calendar year. A manufacturer, or its collective, must demonstrate program continuity upon request by the department;

(8) Acceptance program partner notification. Annual notification to all program partners, and persons conducting collection events on its behalf, that electronic waste from consumers must be accepted in compliance with this section;

(9) Payment of program costs. Payment of all costs associated with the implementation of its acceptance program, including, but not limited to, all costs for the collection, handling, transportation, and recycling or reuse of electronic waste incurred by all persons involved in the implementation of the acceptance program. Costs associated with the acceptance and recycling or reuse of non-covered electronic equipment are not the responsibility of an electronic waste acceptance program.

(10) Acceptance at no charge. A program partner must not charge any consumer, municipality, collection site, or consolidation facility for the collection, handling, transportation, and recycling or reuse of electronic waste that is accepted as part of an electronic waste acceptance program but may charge for the acceptance of electronic waste from a business consumer or for providing a premium service;

(11) Acceptance of broken or damaged electronic waste. Acceptance for recycling of broken or damaged electronic waste, including CRT-containing electronic waste with or without scrap metal attached, from which incorporated assemblies, sub-assemblies, component materials, wiring, circuitry and commodities have not been completely removed;

(12) A public education program. A public education program intended to inform and educate consumers about its acceptance program, encourage the acceptance program's use, and must include, at a minimum:

(i) an easily accessible and up-to-date public education program website detailing a manufacturer's responsibilities to consumers. A manufacturer must provide a clear and direct link to its public education program website from its homepage. The public education program website must:

'(a)' include details on how the consumer may use the acceptance program's free and convenient acceptance methods, including the identification of collection sites and facilities, collectors, and collection events, as well as the hours of operation, CEE types, and brands accepted at each location;

'(b)' include detailed instructions on how the consumer may use the acceptance program's free and convenient mail-back program, if applicable, demonstrating compliance with subparagraph 368-3.5(b)(5)(i);

'(c)' include detailed instructions on how the consumer may use the acceptance program's free and convenient acceptance methods for both the manufacturer's brands acceptance required in paragraph 368-3.5(b)(1) and the one-for-one acceptance required in paragraph 368-3.5(b)(2);

'(d)' in the case of manufacturers of computers, hard drives, and other CEE that have internal memory on which personal or other confidential data can be stored, provide instructions for how consumers can destroy the data before surrendering the equipment for recycling or reuse; and

'(e)' be updated annually, and within 30 days of a material change to the acceptance program;

(ii) a toll-free telephone number and email address to which consumers are able to inquire about electronic waste recycling opportunities. A manufacturer must respond to consumers with an appropriate resolution to any inquiry within 72 hours;

(iii) written information included in or with the equipment manual, or offered to consumers at the time of sale of CEE, which provides sufficient information to allow a consumer to understand how to return the equipment for recycling or reuse; and

(iv) a minimum of two public service announcements annually to educate consumers on the manufacturer's, or its collective's, acceptance program.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.5

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