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Electronic Waste Recycling Facility Requirements

Effective January 1, 2021 - Recyclers should be aware of how the new international requirements for the import and export of plastic recyclables and waste will impact them. (Link goes to the US EPA's website).

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.

NYS Electronic Equipment Recycling and Reuse Act:

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 the NYS Electronic Equipment Recycling and Reuse Act (Environmental Conservation Law, Article 27, Title 26) and the supporting Part 368-3 Regulations.

Electronic Waste Recycling Facility Definition:

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:

  1. Submit a one-time registration and registration fee. Owners/operators of electronic waste recycling facilities in the state must register with the department, and submit a one-time registration fee of $250, 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.
  2. Submit a closure plan. A closure plan for the electronic waste recycling facility must be submitted with the online registration form and must be annually updated and submitted with the annual report form. (This feature is not yet available in Re-TRAC Connect but will be added by January 1, 2023.) The closure plan shall identify the steps necessary to close the recycling facility and must address all of the closure requirements in 6 NYCRR Subdivision 368-3.10 (i) including the following information:
    • the amount of electronic waste and component material, by type, to be received, stored, and processed annually and associated storage capacity of each;
    • the method of processing, described in detail, of each type of electronic waste and component material that will take place; and
    • the maximum available storage capacity for the storage of all electronic waste and component material on-site.
    • Closure cost estimate. A detailed written closure cost estimate, in current dollars, of the cost of hiring a third party to perform all closure requirements must be included with the submission of the closure plan. During the active life of the recycling facility, the owner or operator must annually submit to the department for review and approval adjusted closure cost estimates, including supporting justification to account for inflation and changes in facility conditions. The closure cost estimate must:
      • at a minimum, include the cost to load, transport, and dispose of the maximum storage capacity at that facility. Cost estimates must also include or reflect the design, materials, equipment, labor, administration, and quality assurance for closure in accordance with the facility-specific closure plan. Additional financial assurance may be required on a site-specific basis if the potential exists for storage beyond the storage capacity; and
      • not incorporate any salvage value that may be realized with the sale of materials, facility structures or equipment, land, or other assets associated with the facility at the time of closure.
  3. Provide for financial assurance. After approval of the registration information including the closure cost estimate, the owner or operator of an electronic waste recycling facility must obtain financial assurance, in accordance with the provisions of 6 NYCRR Subdivisions 360.22(c), (d), and (e), in an amount sufficient to cover at least the closure cost estimate provided in the recycling facility's closure plan. The owner or operator of an electronic waste recycling facility must provide proof of financial assurance to the department within 180 days of registration approval.
  4. 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.
  5. 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. This includes immediately cleaning up electronic waste that is broken or shows evidence of breakage, leakage, or damage that could cause the release of hazardous waste constituent to the environment and managing the hazardous waste in compliance with all applicable laws and regulations.
  6. Control entry. Electronic waste recycling facilities must have a means to control entry, at all times, to the active portion of the facility.
  7. 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.
  8. 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.
  9. Implement and maintain an electronic waste tracking system. This system must include:
    • the date, weight, types, origin of, and destination of all electronic waste received and leaving the facility.
    • the weight of electronic waste accepted that is allocated to an electronic waste acceptance program by the recycling facility, including the date, weight, and types of electronic waste received, as well as the electronic waste acceptance program to which the weight was allocated. Recycling facilities that send any allocated electronic waste for further processing must notify each receiving recycling facility, or electronic waste collector that the weight of the transferred waste is no longer eligible to be allocated to an acceptance program; and
    • clearly label all electronic waste with the date that the electronic waste was received at the recycling facility and a tracking number that corresponds to the recycling facility's electronic waste tracking system. The label must be at least 4 inches by 6 inches in size, with at least 1-inch font, and must be affixed to each pallet or container of electronic waste.
  10. Allow access. Facilities must provide the department, including its employees, agents, and representatives, with access at all reasonable times during normal business hours to enter and inspect any collection site, including, but not limited to, any property or premises proposed for a registration as a recycling facility.
  11. Inform Employees. Electronic waste recycling facilities must inform and train all persons who handle or have responsibility for managing electronic waste at the recycling facility about the proper handling and emergency procedures appropriate for the type or types of electronic waste handled at the recycling facility.
  12. Test and certify equipment for reuse. An owner or operator of a recycling facility engaged in removed covered electronic equipment from the waste stream for reuse, must test and certify within one year of receipt by the facility, that the equipment intended for reuse is in good working condition for the same purpose for which it was manufactured. Any equipment that is tested and not certified to be in good working conditin must be recycled or sent for reccling within one yea of its receipt by the facility.
  13. 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.
  14. Request withdrawal, if applicable. Each owner or operator that intends to cease operations at its recycling facility, or has ceased operations at its recycling facility, must request withdrawal of its registration from the department and must:
    • submit a final annual report to the department for at least the calendar year in which the recycling facility's registration was withdrawn; and
    • comply with the closure requirements described below.
  15. Manage electronic waste in a manner that complies with all applicable laws, rules and regulations.
  16. Third party (e.g. R2 or e-Stewards) certification is not a requirement of the Act.

Program Partner Recycling Facility Additional Requirements:

A program partner is any registered electronic waste collection site, electronic waste consolidation facility, electronic waste recycling facility, or electronic waste collector that has an agreement in place to accept electronic waste as part of an electronic waste acceptance program. Any electronic waste recycling facility that is a program partner of a manufacturer's or collective's electronic waste acceptance program, must:

  • accept all electronic waste in accordance with that acceptance program;
  • not charge for the acceptance of electronic waste from consumers, but may charge for the acceptance of electronic waste from business consumers or for providing a premium service.
  • not charge any electronic waste collection site, consolidation facility, or another recycling facility for costs associated with acceptance of electronic waste that is part of a manufacturer's or collective's acceptance program, including, but not limited to, costs for collection, handling or transportation. In addition, an owner or operator of a recycling facility must not charge for the acceptance of any electronic waste from a consumer that is accepted directly or by way of a collection event identified as part of a manufacturer's or collective's acceptance program.

Non-program Partner Recycling Facility Additional Requirements:

For any electronic waste recycling facility that is not a program partner of a manufacturer's or collective's electronic waste acceptance program, post on site conspicuous signage no smaller than 8.5 inches by 11 inches, as well as post a notice on its website, if applicable, containing language that states, "For free convenient electronic waste recycling options, please visit the NYS Department of Environmental Conservation's website." The current Uniform Resource Locator (URL) address, or website address, must also be provided in such notice.

Any non-program partner recycling facility conducting an electronic waste collection event must notify the department in writing at least 30 days before the collection event is to be held, on a form prescribed by the department. (This form has not yet been developed. For now, the event coordinator should simply e-mail ewaste@dec.ny.gov with the date, time, and address of the collection event, a listing of the recycling partner(s) to be utilized, as well as the types of covered electronic equipment to be collected). The recycling facility should also coordinate with the officials of the local municipality and county where the collection event will be held and provide advance notification to the municipality and county.

Electronic Waste Recycling Facility Closure Requirements:

Each owner or operator of an electronic waste recycling facility intending to cease operations at a recycling facility must comply with all applicable state and federal solid and hazardous waste requirements and the following closure requirements:

  • notify the department in writing at least 30 days before the anticipated date of termination of use of the electronic waste recycling facility;
  • cease receipt of electronic waste at the recycling facility by the date of termination of use of the electronic waste recycling facility, or immediately if registration is revoked;
  • remove electronic waste from the recycling facility for proper recycling or reuse within 90 days of that date of termination of use of the electronic waste recycling facility;
  • decontaminate the recycling facility, in accordance with applicable laws and regulations, to ensure the site has been cleaned to satisfaction of the department in a matter that minimizes or eliminates all contaminated materials, hazardous waste, or hazardous waste residues to the extent necessary to protect human health and the environment; and
  • submit a certification to the department within 30 days of completion of all closure requirements that:
    • all electronic waste related activities have ceased at the recycling facility;
    • all electronic waste at the recycling facility has been sent for proper recycling or reuse; and
    • the recycling facility has been properly decontaminated.
    • all solid and hazardous waste at the recycling facility has been sent for proper recycling, treatment, or disposal; and includes information on the quantity and destination of all electronic waste component materials, and commodities.

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.

Revocation of a Registration:

The Department may revoke the registration of a recycling facility if owner or operator of the recycling facility fails to comply with any of the requirements of the Act or Regulations. In the event of revocation, each owner or operator of a recycling facility must submit a final annual report for the calendar year in which the recycling facility's registration was revoked. Each owner or operator of a recycling facility that has its registration revoked must comply with all applicable closure requirements described above. If a recycling facility's registration is revoked, the collection of electronic waste at the recycling facility must cease immediately.


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