Out-of-State Electronic Waste Collector Requirements
E-waste Online Registration and Reporting System:
The NYS Electronic Equipment Recycling and Reuse Act's regulated entities are required to submit their registrations* and annual reports through the NYSDEC E-waste Online Registration and Reporting System (link leaves DEC's website), which uses Re-TRAC Connect software.
*Collector registration form not available yet. Registration form anticipated to be available beginning March 1, 2023.
NYS Electronic Equipment Recycling and Reuse Act:
In support of the NYS Electronic Equipment Recycling and Reuse Act (Environmental Conservation Law, Article 27, Title 26), the Department adopted e-waste regulations, Subpart 368-3, on February 8, 2022. These regulations introduced an "electronic waste collector" or "collector" regulated entity for the Department to be able to monitor and track the collection activity of electronic waste going directly out of state. Electronic waste collectors handle a significant amount of the electronic waste stream available for collection in New York State, and therefore, play an important role in the New York State Electronic Equipment Recycling and Reuse Act.
Electronic Waste Collector Definition:
An "electronic waste collector" or "collector" means a person who accepts through mail-back, collection events, generator pick-up, or otherwise receives electronic waste from a consumer, but is not registered as an electronic waste collection site, consolidation facility, or recycling facility. This includes entities located outside of New York State. A collector does not mean a person solely transporting electronic waste.
Electronic Waste Collector Requirements:
- Submit a one-time registration. Electronic waste collectors must register with the department at least thirty days prior to receiving any electronic waste. A registration is effective upon acceptance by the department.
- Submit an annual report. By March 1st annually, electronic waste collectors must submit to the department an annual report listing the weight of Covered Electronic Equipment, by type, received from New York State consumers for the previous calendar year. A collector 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.
- Program partners. If the electronic waste collector is acting as part of a manufacturer's acceptance program, the following conditions must be met:
- Acceptance at no charge. Each electronic waste collector that is participating in an electronic waste acceptance program (i.e., a program partner), must not charge for the acceptance or receipt of electronic waste from consumers, but may charge for the acceptance of electronic waste from business consumers or for providing a premium service. Collectors must not charge any electronic waste collection site or electronic waste consolidation facility for any costs associated with acceptance of electronic waste that is part of a manufacturer's or collective's acceptance program.
- Tracking of allocated weight. Each electronic waste collector must provide to the department, upon request, information about the weight of electronic waste accepted or received that is allocated to an electronic waste acceptance program by the collector, including the date, weight, and types of electronic waste accepted or received, as well as the electronic waste acceptance program to which the weight was allocated. A collector that sends any allocated electronic waste for further processing must notify each receiving consolidation facility, recycling facility, or electronic waste collector that such weight is no longer eligible to be allocated to an acceptance program.
- Maintain Records. The collector must maintain all records of electronic waste receipt, storage, and shipment required under this Subpart and make them available for audit and inspection by the department for a period of three years. These records must, at a minimum, include the identity of persons from which electronic waste and component materials were received and to whom they were shipped.
- Request withdrawal, if applicable. An electronic waste collector that intends to cease accepting or receiving electronic waste, or has ceased accepting or receiving electronic waste, must request withdrawal of its registration from the department and must submit a final annual report to the department in compliance with the requirements of the regulations for at least the calendar year in which the collector's registration was withdrawn.
Electronic Waste Collector Data Liability:
Except to the extent otherwise required by law, no person operating as an electronic waste collector 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.
Revocation of a Registration:
The department may revoke the registration of an electronic waste collector, pursuant to 6 NYCRR Section 621.13, if the collector fails to comply with any of the requirements of the regulations. Each collector must submit a final annual report in compliance with the requirements of the regulations for the calendar year in which the collector's registration was revoked. If a collector's registration is revoked, the collector must cease accepting or receiving electronic waste from consumers immediately.
DMM, Bureau of Waste Reduction and Recycling
625 Broadway
Albany, NY 12233
