Requirements for Electronic Waste Consolidation Facilities
Electronic Waste Consolidation Facilities have several responsibilities under the New York State Electronic Equipment Recycling and Reuse Act. For a full description of requirements that apply to Electronic Waste Consolidation Facilities, please review section 27-2613(2) of the the NYS Electronic Equipment Recycling and Reuse Act (PDF) (39 kb) (Environmental Conservation Law, Article 27, Title 26).
Who qualifies as an Electronic Waste Consolidation Facility?
An "Electronic Waste Consolidation Facility" receives and stores electronic waste for the purpose of organizing, categorizing or consolidating such waste for transport to an electronic waste recycling facility.
Electronic waste consolidation facilities include, but are not limited to, facilities of brokers acting as intermediaries between electronic waste buyers and sellers, and regional centers at which electronic waste is organized, categorized or consolidated after being transported to such centers from electronic waste collection sites or other electronic waste consolidation facilities.
Electronic Waste Consolidation Facility requirements:
- Submit a one-time registration and registration fee. No later than January 1, 2011, owners/operators of electronic waste consolidation facilities in the state must register with the department on the first form below, and submit a one-time registration fee of $250 accompanied by the second form below. Electronic waste consolidation facilities commencing operations on or after January 1, 2011, shall register with the department and pay the one-time registration fee at least thirty days prior to receiving any electronic waste. A registration is effective upon acceptance by the department and upon receipt of the registration fee. A person may operate an electronic waste consolidation facility while also operating such facility as an electronic waste recycling facility. Where a facility is operated for both purposes, only one registration fee must be paid.
- Submit an annual report. By March 1st annually, owners/operators of electronic waste consolidation facilities must submit to the department an annual report for the previous calendar year, on the following form:
- CON-REP: Annual Report for Electronic Waste Consolidation Facilities PDF (319 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 consolidation 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 consolidation 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 consolidation 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. Beginning April 1, 2011, owners/operators of electronic waste consolidation 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 Consolidation Facility data liability:
Except to the extent otherwise required by law, no person operating an electronic waste consolidation 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 Consolidation Facility also act as an Electronic Waste Recycling Facility or Electronic Waste Collection Site?
Yes, provided that the owner/operator of the electronic waste consolidation facility is also registered as an electronic waste recycling facility, and complies with the requirements that are applicable to each type of facility. An owner/operator of an electronic waste consolidation facility may also accept electronic waste in the same manner as an electronic waste collection site provided that such owner/operator is also registered as an electronic waste collection site and complies with the requirements that are applicable to each type of site or facility.