Guidance for Municipal Collection Activities
Options and Regulations for Used Electronic Equipment Collected by a Municipality
The NYSDEC is in the process of developing a rulemaking that will amend regulations to streamline the management of used electronic equipment. Please check the following webpage, "Proposed Used Electronic Equipment Rulemaking" periodically, as this rulemaking may change the following requirements for municipal collection activities.
This guidance outlines the options and regulations which apply to used electronic equipment when it is collected by a municipality.
Used Electronic Equipment Collected from Households and Conditionally Exempt Small Quantity Generators (CESQGs)
Municipalities currently have three options for managing used electronic equipment collected from households and CESQGs. CESQGs are non-households that generate up to 100 kilograms (220 pounds) total of hazardous waste in a calendar month, store no more than 1000 kilograms total of hazardous waste at any time, and handle no more than 1 kilogram of acute hazardous waste at any time (used electronic equipment is very rarely acute hazardous waste).
Option 1 - Modification of Transfer Station or Landfill Permit
The municipality may apply to their DEC Regional Office for a permit modification. This option is used when municipalities are setting up a permanent collection area at a Part 360 permitted solid waste management facility. A c7 notification (as described below) is also required from both the facility and any non-household, non-CESQG used electronic equipment generators.
Option 2 - Regulation under the Hazardous Scrap Metal Exemption
The municipality must arrange for the used electronic equipment to be sent to a facility that is authorized to handle used electronic equipment under the hazardous scrap metal exemption of 6 NYCRR 371.1(g)(1)(iii)(b). The municipality files a c7 notification with both the Department's Central Office in Albany and the Regional Office, as described below. The Department may require the municipality to meet other requirements under Subparts 360-11 or 360-12, such as reporting or storage time limits, or registration. For collection events, there may be other requirements such as traffic control, protection from weather, and contingency plans.
Option 3 - Regulation under 6 NYCRR Subpart 373-4
a) Household Hazardous Waste (HHW) Collection Day Events:
The municipality requests approval from the Department's Regional Office under Subpart 373-4 for the collection, storage and proper recycling of used electronic equipment for up to 3 consecutive days or 30 days within a calendar year under the HHW collection program regulations. Requirements under Section 373-4.3 apply, including submittal of a detailed collection program plan and collection day reporting. For municipalities that conduct DEC-approved collection events for all HHW materials, used electronic equipment collected at those events may be regulated as an "acceptable material" consistent with the detailed collection event plan.
b) Permitted Household Hazardous Waste (HHW) Storage Facilities:
The municipality may apply to the Department's Regional Office for a HHW facility permit to include the storage of used electronic equipment for more than 3 consecutive days or 30 calendar days per calendar year. Requirements under Section 373-4.4 apply.
Used Electronic Equipment Collected from Non-Household/Non-CESQG Generators
The municipality is required to notify the Department that the municipality is managing used electronic equipment from other generators (businesses, municipalities, institutions, non-profit groups, etc. that are not CESQGs) for each location. The municipality must arrange for the used electronic equipment to be sent to a facility that is authorized to handle used electronic equipment under the hazardous scrap metal exemption of 6 NYCRR 371.1(g)(1)(iii)(b), and the scrap metal must ultimately be reclaimed. The municipality is then exempt from the hazardous waste regulations. The Regional Office will determine for each location whether the municipality is required to meet any other regulatory requirements under Subparts 360-11 or 360-12.
Implementing Used Electronic Equipment Collection
A sample c7 notification letter which the municipality must submit to the Department's Central Office can be found here: Sample c7 Notification Letter (10.1 kb pdf). This notification must be submitted to the Department before the first collection, and resubmitted only if information on the form changes (nature of the municipality's operation changes, name and address of recycler changes, or municipal contact information changes). The notification meets the notification requirements for the scrap metal exemption under 371.1(c)(7) of the hazardous waste regulations.
Please note that non-households who are also non-CESQGs who bring used electronic equipment to the municipality's facility are also required to file a c7 notification. A copy of a form that may be used by non-households bringing wastes to the municipal collection can be found here: Sample c7 Notification Letter (10 kb pdf), and can be customized (the municipality may modify the form to include the municipality and recycler information). Please note that non-household generators are required to submit the notification to the Department before bringing their used electronic equipment to the municipal collection, so the municipality should have a pre-registration process for non-household used electronic equipment collection.
The commingling of household and non-household used electronic equipment is allowed. However, costs incurred for equipment from non-household generators are not eligible for reimbursement under the household hazardous waste State assistance funding program. Used electronic equipment must be kept out of weather and secure. Disassembly of electronic components is not allowed at the collection site.
Broken components could cause a release of a hazardous substance to the environment and must be properly cleaned-up and disposed of off-site. A hazardous waste determination is required for broken components which contaminate environmental media. Municipalities cannot collect broken CRT glass with no attached metal pieces from non-household generators. Broken CRT glass with no attached metal is not eligible for the hazardous scrap metal exemption and cannot be sent to a scrap metal recycler.
Used electronic equipment managed under the scrap metal exemption of 6 NYCRR 371.1(g)(1)(iii)(b) is exempt from the permitting requirements of 6 NYCRR Part 364 as scrap, provided that no other regulated waste is intermixed, contained in, or otherwise included with the used electronic equipment. (See Subparagraph 364.1(e)(2)(vi). Otherwise,transportation of HHW from a collection site must be accompanied by shipping papers and transported by a transporter permitted under Part 364.