Requirements for Collective Electronic Waste Acceptance Programs
Detailed Instructions and Guidance for the E-waste Online Registration and Reporting System:
- Step One: Instructions for Creating a Re-TRAC Connect Account and Joining NYSDEC's Program (PDF) (589 KB)
- Step Two: Guidance for Completing and Submitting Registration Forms and Applicable Fee Payments (PDF) (489 KB)
- Step Three: Guidance for Completing and Submitting Annual Report Forms (PDF) (1.22 MB)
- Re-TRAC Connect Training Webinar - 45 min. partial recording from 2/17/2016 (Link leaves DEC's website, and opens WebEx Network Recording Player)
NYS Electronic Equipment Recycling and Reuse Act:
The New York State Electronic Equipment Recycling and Reuse Act (Act), which is based on the concept of product stewardship or extended producer responsibility, places responsibility for managing end-of-life covered electronic equipment (CEE) primarily on manufacturers, with oversight by the Department of Environmental Conservation (Department).
The Act enables manufacturers of CEE to meet their obligations through individual or collective electronic waste acceptance programs (collectives). Described in more detail below are the requirements for collectives acting on behalf of manufacturers.
For a full description of requirements that apply to collectives, please review the NYS Electronic Equipment Recycling and Reuse Act (PDF) (38 KB) (Environmental Conservation Law, Article 27, Title 26).
Collective Electronic Waste Acceptance Programs are required to:
- Submit a one-time registration form and registration fee. A collective must register with the Department and submit a one-time registration fee of $10,000 prior to its participating manufacturers selling or offering for sale CEE in the state. A registration is effective upon acceptance by the Department and must be updated within thirty days of any material change to the information originally provided.
- Provide an electronic waste acceptance program. A collective must provide an electronic waste acceptance program to consumers, which must, at a minimum:
- Be provided at no cost to consumers. Collectives cannot charge most consumers for the collection, handling and recycling and reuse of electronic waste. Collectives are allowed to charge in the following instances: if a contract for services was in place prior to January 1, 2011; if the consumer is a for-profit entity with 50 or more full-time employees (FTEs) or a not-for-profit entity with 75 or more FTEs; or if a premium service is provided. Premium services are any services above and beyond the reasonably convenient acceptance methods defined in the Act. These include equipment and data security services, refurbishment for reuse by the consumer, and other custom services as may be determined by the Department such as at-home collection (other than mail back programs), data wiping, specialized packing and preparation for collection, etc.
- Provide for the convenient collection, handling and recycling or reuse of electronic waste. Collectives must provide at least one reasonably convenient method of collection within each county and within each municipality with a population of 10,000 or greater. A list of such counties and municipalities (PDF) (41 KB) is available. This list may be used to comply with the requirements of Section 27-2605(5) of the Law.
The following collection methods are considered reasonably convenient:
- mail or ship back return programs;
- collection or acceptance events conducted by the collective, including events conducted through local governments or private parties;
- fixed acceptance locations such as dedicated acceptance sites operated by the collective;
- agreements with local governments, retail stores, sales outlets and not-for-profit organizations which have agreed to provide facilities for the collection of electronic waste;
- community collection events; and
- any combination of these or other acceptance methods which effectively provide for the acceptance of electronic waste for recycling or reuse through means that are available and reasonably convenient to consumers in the state.
- Accept electronic waste for collection.
- A collective must accept for collection, handling and recycling or reuse electronic waste for which its participating manufacturers are the manufacturer. Collectives must also accept one piece of electronic waste of any manufacturer's brand if offered by a consumer, with the purchase of the same type of CEE belonging to a participating manufacturer.
- Provide for the collection and reuse or recycling of a sufficient amount of electronic waste to meet the collective's participating manufacturers' acceptance standards (to be provided to manufacturers by the Department).
- Provide a public education program. The public education program must inform consumers about the collective, and must provide sufficient information to allow a consumer of CEE to return CEE for recycling or reuse, and must include:
- an internet website, which includes a listing of each location within the state where consumers may return electronic waste as part of the collective; and in the case of collectives whose participating manufacturers sell computers, hard drives and other CEE that have internal memory on which personal or other confidential data can be stored, instructions for how consumers can destroy such data before surrendering the products for recycling or reuse
- a toll-free telephone number; and
- assurance that its participating manufacturers have included written information in the product manual for, or at the time of sale of CEE, that provides a consumer of CEE information on how to return CEE for recycling or reuse.
- Provide information to retailers. Collectives must notify retailers that they are registered with the Department, and inform retailers of their participating manufacturers. If written information regarding the collective electronic waste acceptance program is not included in its participating manufacturers' product manuals for CEE, then the collective must also provide information on their program to retailers for distribution to consumers purchasing CEE of their participating manufacturers'.
- Comply with disposal ban. Collectives 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.
- Submit annual report form. A collective must submit an annual report to the Department by March 1st annually for the previous calendar year. Beginning March 1, 2016, annual reports are required to be submitted via a new online reporting system.
- Maintain records. A collective must maintain records demonstrating compliance with the New York State Electronic Equipment Recycling and Reuse Act, and make them available for audit and inspection by the Department for a period of three years.
Frequently Asked Questions:
- Are collectives allowed to accrue, bank, sell, purchase or trade electronic waste acceptance credits?
Collective electronic waste acceptance programs are not directly involved in credit transactions. Under the NYS Electronic Equipment Recycling and Reuse Act, the accruing, banking, trading, selling and purchasing of credits applies only to manufacturers. That being said, a collective that accepts excess eligible weight as part of its NYS electronic waste acceptance program in a given program year, may designate portions of that weight to its participating manufacturers for that program year. The collective's 2014 annual report (due March 1, 2015) and subsequent years' annual reports will require the collective to allocate any excess weight amongst its manufacturers at its discretion. In their annual reports, participating manufacturers may then, and only then, report that program year's excess weight allocated to them as credits.
- Are collectives liable for data stored on accepted electronic waste?
Except to the extent otherwise required by law, no collective 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.
- How can a collective electronic waste acceptance program obtain a copy of the Department's Form W-9?
To obtain a copy of Form W-9, which includes the Department's Employer Identification Number (EIN) and address, etc., please send a request to firstname.lastname@example.org or call 518-402-8706.
More about Requirements for Collective Electronic Waste Acceptance Programs:
- Registered Collective Electronic Waste Acceptance Programs - A list of registered collective electronic waste acceptance programs.