Requirements for Electronic Waste Recycling Facilities
Electronic Waste Recycling Facilities have various responsibilities under the New York State Electronic Equipment Recycling and Reuse Act (Act). For a description of the requirements that apply to Electronic Waste Recycling Facilities, please review section 27-2613(3) of the NYS Electronic Equipment Recycling and Reuse Act (PDF) (39 KB) (Environmental Conservation Law, Article 27, Title 26).
Who qualifies as an Electronic Waste Recycling Facility?
An "electronic waste recycling facility" is a facility at which the materials, components or commodities contained in electronic waste are separated, dismantled or processed for the purpose of preparing the materials, components or commodities for use or reuse in new products or components thereof, but not for energy recovery or energy generation by means of combustion, gasification, pyrolysis or other means. Recycling includes the manual and mechanical separation of electronic waste to recover materials, components or commodities for the purpose of reuse or recycling, and changing the physical or chemical composition of electronic waste to segregate components for purposes of recycling those components.
Electronic Waste Recycling Facility requirements:
- Submit a one-time registration and registration fee. Owners/operators of electronic waste recycling facilities in the state must register with the department using the first form below, and submit a one-time registration fee of $250 accompanied by the second form below, at least thirty days prior to receiving any electronic waste. A registration is effective upon acceptance by the department. If a person operates both an electronic waste recycling facility and an electronic waste consolidation facility, only one registration fee must be paid.
- Submit an annual report. By March 1st annually, owners/operators of electronic waste recycling facilities must submit to the department an annual report for the previous calendar year, using the following form:
- REC-REP: Annual Report for NYS Electronic Waste Recycling Facilities (PDF) (408 KB)
- Store electronic waste properly. Electronic waste must be stored in a fully enclosed building with a roof, floor and walls, or in a secure container (e.g., package or vehicle), that is constructed and maintained to minimize breakage of electronic waste and to prevent releases of hazardous materials to the environment.
- Control entry. Electronic waste recycling facilities must have a means to control entry, at all times, to the active portion of the facility.
- Remove electronic waste in a timely manner. Electronic waste must be removed from the recycling facility within one year of the waste's receipt at the facility.
- Maintain Records. The facility must maintain records on site demonstrating compliance with the New York State Electronic Equipment Recycling and Reuse Act (specifically compliance with requirements 1, 2 and 5 above), and make them available for audit and inspection by the department for a period of three years.
- Inform Employees. Electronic waste recycling facilities must inform all employees who handle or have responsibility for managing electronic waste about the proper handling and emergency procedures appropriate to the type or types of electronic waste handled at the facility.
- Comply with disposal ban. Owners/operators of electronic waste recycling facilities in the state may not dispose of electronic waste at a solid waste management facility or hazardous waste management facility, or place electronic waste for collection which is intended for disposal at a solid waste management facility or hazardous waste management facility.
- Manage electronic waste in a manner that complies with all applicable laws, rules and regulations.
Electronic Waste Recycling Facility data liability:
Except to the extent otherwise required by law, no person operating an electronic waste recycling facility shall have any responsibility or liability for any data in any form stored on electronic waste surrendered for recycling or reuse, unless such person misuses or knowingly and intentionally, or with gross negligence, discloses the data.
Frequently Asked Questions:
- Can an Electronic Waste Recycling Facility also act as an Electronic Waste Collection Site or Electronic Waste Consolidation Facility?
Yes, as long as the owner or operator complies with the requirements that are applicable to each type of facility. The requirements for electronic waste collection sites and for electronic waste consolidation facilities can be found in sections 27-2613(1) and 27-2613(2) of the Act respectively.
- Does the NYS Electronic Equipment Recycling and Reuse Act require Electronic Waste Recycling Facilities to be R2 or e-Stewards certified?
No, R2 and e-Stewards certification is not a requirement of the Act. While the department does not require these third-party certification programs at this time, participation is certainly encouraged. For more information on the Responsible Recycling (R2) Practices and the e-Stewards Certification Program, please use the resources on the right side of this page under "Links Leaving DEC's Website".