N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.9

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

Section 368-3.9 - Electronic waste consolidation facility requirements

No person may operate an electronic waste consolidation facility in the state unless the consolidation facility 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 consolidation facility must register the consolidation facility 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.

(2) Consolidation facility registration fee. A one-time, non-refundable registration fee of two hundred fifty dollars ($250) is required at the time of registration of a consolidation facility.

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

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

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

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

(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 persons from which electronic waste shipments were 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 consolidation facility, including but not limited to, any property or premises proposed for registration as a consolidation facility;

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

(9) for any electronic waste consolidation facility also operating as an electronic waste collection site, but that collection site is not a program partner of a manufacturer's or collective's electronic waste acceptance program, must post on site at the consolidation facility conspicuous signage no smaller than 8.5 inches by 11 inches, as well as post a notice on its website, containing language which 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;

(10) implement and maintain an electronic waste tracking system that, at a minimum, identifies:

(i) the date, weight, types, and origin of all electronic waste received at the consolidation facility;

(ii) the date, weight, types, and destination of all electronic waste leaving the consolidation facility; and

(iii) the weight of electronic waste accepted that is allocated to an electronic waste acceptance program by the consolidation facility, including the date, weight, and types of electronic waste received, as well as the electronic waste acceptance program to which the weight was allocated. Consolidation facilities that send any allocated electronic waste for further processing must notify each receiving consolidation facility, recycling facility, or electronic waste collector that the weight of the transferred waste is no longer eligible to be allocated to an acceptance program; and

(11) clearly label all electronic waste with the date that the electronic waste was received at the consolidation facility and a tracking number that corresponds to the consolidation facility's electronic waste tracking system. The label must be at least 4 inches by 6 inches in size, with at least 1-inch font, and must be affixed to each pallet or container of electronic waste.

(c) Operation of combination facilities. The owner or operator of an electronic waste consolidation facility may accept electronic waste in the same manner as an electronic waste collection site if:

(1) the consolidation facility is being operated in compliance with the requirements applicable to electronic waste collection sites in section 368-3.8 of this Subpart; and

(2) the registration approved for the consolidation facility also approved operation as a collection site, which may all be requested by filing a single, joint online registration form, as prescribed by the department.

(d) Acceptance at no charge.

(1) Each owner or operator of a consolidation facility 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.

(2) An owner or operator of a consolidation facility must not charge any electronic waste collection site or another 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, an owner or operator of a consolidation facility 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.

(e) Collection event notification. The owner or operator of a consolidation facility 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) Annual reporting. The owner or operator of a consolidation facility must submit an annual report for the consolidation facility to the department in compliance with this subdivision.

(1) Online annual report form. A report must be submitted to the department for the consolidation facility annually by March 1st, for the previous calendar year, on an online annual report form as prescribed by the department, for the consolidation facility. A complete submission must include at least the information required about the consolidation facility in ECL § 27-2613(2)(b).

(2) Annual report update. The owner or operator of a consolidation facility 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 consolidation facility 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.

(g) Withdrawal and revocation.

(1) Registration withdrawal. Each owner or operator that intends to cease operations at its consolidation facility, or has ceased operations at its consolidation facility, 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 368-3.9(f) of this section for at least the calendar year in which the consolidation facility's registration was withdrawn; and

(ii) comply with the closure requirements in subdivision 368-3.9(h) of this section.

(2) Revocation of a registration. The department may revoke the registration of a consolidation facility, pursuant to section 621.13 of this Title, if owner or operator of the consolidation facility fails to comply with any of the requirements of section 368-3.9 of this Subpart.

(i) Each owner or operator of a consolidation facility must submit a final annual report in compliance with the requirements of subdivision 368-3.9(f) of this section for the calendar year in which the consolidation facility's registration was revoked.

(ii) Each owner or operator of a consolidation facility that has its registration revoked must comply with all applicable closure requirements in subdivision 368-3.9(h) of this section.

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

(h) Closure requirements. Each owner or operator of an electronic waste consolidation facility intending to cease operations at a consolidation facility 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 consolidation facility;

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

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

(4) decontaminate the consolidation facility, 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 eliminate 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 consolidation facility; and

(ii) all electronic waste at the consolidation facility has been sent for proper recycling or reuse; and

(iii) the consolidation facility has been properly decontaminated.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 368-3.9

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