N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.8

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

Section 368-3.8 - Electronic waste collection site requirements

No person may operate an electronic waste collection site in the state unless the collection site 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 collection site must register the collection site with the department by completing and submitting an online registration form, as prescribed by the department, at least 30 days prior to commencement of operation. Registration of an electronic waste collection site does not require a registration fee.

(2) Acceptance by the department. A collection site's registration is effective upon receiving notification of approval by the department. To receive approval from the department, the owner or operator of a collection site must demonstrate compliance with the requirements of paragraphs (1) and (2) of this subdivision.

(3) Retailers registering multiple collection sites. A retailer operating, or intending to operate, multiple electronic waste collection sites may register all of its collection sites together by providing the name, address, and telephone number of each individual collection site on the online registration form required by paragraph (1) of this subdivision.

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

(1) implement measures to prevent unauthorized entry and access to the active portion of the collection site 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 collection site 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 collection site within one year of the receipt of the waste at the collection site;

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

(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 identifying the quantities of electronic waste received and to whom they were shipped;

(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 collection site, including, but not limited to, any property or premises proposed for a registration as a collection site;

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

(9) for any electronic waste collection site that is not a program partner of a manufacturer's or collective's electronic waste acceptance program, post on site conspicuous signage no smaller than 8.5 inches by 11 inches, as well as post a notice on its website, if applicable, containing language that 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.

(c) Acceptance at no charge. Each owner or operator of a collection site 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.

(d) Annual reporting. The owner or operator of a collection site 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 collection site 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 collection site in ECL § 27-2613(1)(b).

(2) Annual report update. The owner or operator of a collection site 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 collection site 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.

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

(f) Withdrawal and revocation.

(1) Registration withdrawal. Each owner or operator that intends to cease operations at its collection site, or has ceased operations at its collection site, 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 368-3.8(d) of this section for at least the calendar year in which the collection site's registration was withdrawn; and

(ii) comply with the closure requirements in subdivision 368-3.8(g) of this section.

(2) Revocation of a registration. The department may revoke the registration of a collection site, pursuant to section 621.13 of this Title, if the owner or operator of a collection site fails to comply with any of the requirements of section 368-3.8 of this Subpart

(i) Each owner or operator of a collection site must submit a final annual report in compliance with the requirements of subdivision 368-3.8(d) of this section for the calendar year in which the collection site's registration was revoked.

(ii) Each owner or operator of a collection site that has its registration revoked must comply with all applicable closure requirements in subdivision 368-3.8(g) of this section.

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

(g) Closure requirements. Each owner or operator of an electronic waste collection site intending to cease the collection of electronic waste at the collection site 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 electronic waste collection site;

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

(3) remove electronic waste from the collection site for proper recycling or reuse within 90 days of the date of termination of use of the electronic waste collection site;

(4) If necessary, decontaminate the collection site, 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 collection site;

(ii) all electronic waste at the collection site have been sent for proper recycling or reuse; and

(iii) the collection site has been properly decontaminated, if necessary.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.8

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