2010 New York Code
ENV - Environmental Conservation
Article 27 - COLLECTION, TREATMENT AND DISPOSAL OF REFUSE AND OTHER SOLID WASTE
Title 26 - (27-2601 - 27-2621) ELECTRONIC EQUIPMENT RECYCLING AND REUSE
27-2613 - Electronic waste collection, consolidation and recycling.

§ 27-2613. Electronic waste collection, consolidation and recycling.
    1. Electronic waste collection sites. No later than January first, two
  thousand  eleven,  each  person who owns or operates an electronic waste
  collection site in the state shall:
    (a)  register  with  the  department  on  a  form  prescribed  by  the
  department.     The  department  may  require  such  form  to  be  filed
  electronically. The registration shall include: (i) the  name,  address,
  and  telephone  number of the owners and the operators of the electronic
  waste collection site; and (ii) the name, address, and telephone  number
  of  the  electronic  waste collection site. Any person who commences the
  operation of an electronic waste collection site  on  or  after  January
  first,  two  thousand eleven shall register with the department at least
  thirty days prior to receiving any electronic waste at  such  collection
  site.  A registration is effective upon acceptance by the department. In
  the  case  of  collection  sites  operated  by  a  retailer,  a   single
  registration  listing  the  name,  address,  and telephone number of the
  individual  collection  sites  may  be  submitted  covering  all   their
  collection sites;
    (b)  beginning March first, two thousand twelve, each person operating
  an electronic waste collection site shall submit to  the  department  an
  annual report for the period of April first, two thousand eleven through
  December  thirty-first,  two  thousand  eleven  and  each  calendar year
  thereafter, on a form prescribed by the department. The  department  may
  require  annual reports to be filed electronically. Annual reports shall
  include, but not be limited  to,  the  following  information:  (i)  the
  quantity,  by weight, of electronic waste received from consumers in the
  state; (ii) the name and address of each person to whom  the  electronic
  waste collection site sent electronic waste during the reporting period,
  along with the quantity, by weight, of electronic waste that was sent to
  each  such person; and (iii) the weight of electronic waste collected on
  behalf of or pursuant to an agreement with each manufacturer during  the
  reporting  period.  All  quantities  of electronic waste reported by the
  collection site must separately include electronic  waste  generated  by
  New  York  state consumers and electronic waste received from or shipped
  outside the state;
    (c) manage electronic  waste  in  a  manner  that  complies  with  all
  applicable laws, rules and regulations;
    (d)  store  electronic  waste  (i) in a fully enclosed building with a
  roof, floor and walls, or (ii) 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;
    (e)  remove  electronic  waste  from  the  site within one year of the
  waste's  receipt  at  the  site,  and  maintain  records   demonstrating
  compliance with this requirement.
    2.  Electronic  waste  consolidation  facilities.  (a)  No  later than
  January  first,  two  thousand  eleven,  each  person  who  operates  an
  electronic waste consolidation facility in the state shall register with
  the  department  on  a form prescribed by the department. The department
  may require such form to be filed electronically. The registration shall
  include: (i) the name, address and telephone number of the owner and the
  operator of the facility; and  (ii)  the  name,  address  and  telephone
  number  of  the  electronic waste consolidation facility. Any person who
  commences the operation of an electronic waste consolidation facility on
  or after January first, two thousand  eleven  shall  register  with  the
  department at least thirty days prior to receiving any electronic waste.
  A  registration  is  effective  upon  acceptance  by the department. Any

registration required by  this  paragraph  shall  be  accompanied  by  a
  registration fee of two hundred fifty dollars.
    (b)  Beginning March first, two thousand twelve, each person operating
  an  electronic  waste  consolidation  facility  shall  submit   to   the
  department  an annual report for the period of April first, two thousand
  eleven through December  thirty-first,  two  thousand  eleven  and  each
  calendar  year  thereafter,  on a form prescribed by the department. The
  department may require annual reports to be filed electronically. Annual
  reports shall include, but not be limited to, the following information:
  (i) the name and address of each electronic waste collection  site  from
  which  the  consolidation  facility received electronic waste during the
  reporting period, along with the  quantity,  by  weight,  of  electronic
  waste  received  from each collection site; (ii) the name and address of
  each person to whom the electronic  waste  consolidation  facility  sent
  electronic  waste  during the reporting period, along with the quantity,
  by weight, of electronic waste that was sent to each such person;  (iii)
  the  weight of electronic waste collected on behalf of or pursuant to an
  agreement with each manufacturer during the reporting period; and (iv) a
  certification  by  the  owner  or  operator  of  the  electronic   waste
  consolidation  facility  that  such  a  facility  has  complied with the
  requirements of this title and all other  applicable  laws,  rules,  and
  regulations.   All  quantities  of  electronic  waste  reported  by  the
  consolidation  facility  must  separately   include   electronic   waste
  generated by New York state consumers and electronic waste received from
  or shipped outside the state.
    (c)  Each  person operating an electronic waste consolidation facility
  shall:
    (i) manage electronic  waste  in  a  manner  that  complies  with  all
  applicable laws, rules and regulations;
    (ii)  store  electronic  waste (A) in a fully enclosed building with a
  roof, floor and walls, or (B) 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;
    (iii)  have  a  means  to  control  entry, at all times, to the active
  portion of the facility;
    (iv) 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;
    (v)  remove  electronic  waste  from  the  site within one year of the
  waste's  receipt  at  the  site,  and  maintain  records   demonstrating
  compliance with this requirement; and
    (vi)  maintain  the records required by paragraphs (a) and (b) of this
  subdivision and by subparagraph (v) of this paragraph on site  and  make
  them  available  for audit and inspection by the department for a period
  of three years.
    (d) A person operating  an  electronic  waste  consolidation  facility
  shall  not  engage  in  electronic waste recycling unless such person is
  also registered as an electronic waste recycling facility, and  complies
  with  the  requirements of this section that are applicable to each type
  of facility.
    (e) A person operating an electronic waste consolidation facility  may
  accept  electronic  waste  in  the  same  manner  as an electronic waste
  collection site provided that such person complies with the requirements
  of this section that  are  applicable  to  electronic  waste  collection
  sites.

3.  Electronic  waste  recycling facilities. (a) No later than January
  first, two thousand eleven, each person operating  an  electronic  waste
  recycling  facility in the state shall register with the department on a
  form prescribed by the department. The department may require such  form
  to  be  filed  electronically.  The  registration shall include: (i) the
  name, address and telephone number of the owner and the operator of  the
  facility;  and  (ii)  the  name,  address,  and  telephone number of the
  electronic waste  recycling  facility.  Any  person  who  commences  the
  operation  of an electronic waste recycling facility on or after January
  first, two thousand eleven shall register with the department  at  least
  thirty  days  prior to receiving any electronic waste. A registration is
  effective upon acceptance by the department. Any  registration  required
  by  this  paragraph  shall  be  accompanied by a registration fee of two
  hundred fifty dollars.
    (b) Beginning March first, two thousand twelve, each person  operating
  an electronic waste recycling facility shall submit to the department an
  annual report for the period of April first, two thousand eleven through
  December  thirty-first,  two  thousand  eleven  and  each  calendar year
  thereafter, on a form prescribed by the department. The  department  may
  require  annual reports to be filed electronically. Annual reports shall
  include, but not be limited  to,  the  following  information:  (i)  the
  quantity,  by weight, of electronic waste received from consumers in the
  state; (ii) the name and address of  each  electronic  waste  collection
  site  and  electronic waste consolidation facility from which electronic
  waste was received during the reporting period, along with the quantity,
  by weight, of electronic waste received from each person; (iii) the name
  and address of each person to whom the facility sent electronic waste or
  component  materials  during  the  reporting  period,  along  with   the
  quantity,  by weight, of electronic waste or component materials thereof
  sent to each such person; (iv) the weight of electronic waste  collected
  on  behalf  of or pursuant to an agreement with each manufacturer during
  the reporting period; and (v) a certification by the owner  or  operator
  of the facility that such facility has complied with the requirements of
  this  title  and  all other applicable laws, rules, and regulations. All
  quantities of electronic waste reported by the recycling  facility  must
  separately   include  electronic  waste  generated  by  New  York  state
  consumers and electronic waste received  from  or  shipped  outside  the
  state.
    (c)  Each  person  operating  an  electronic  waste recycling facility
  shall:
    (i) manage and recycle electronic waste in a manner that complies with
  all applicable laws, rules and regulations;
    (ii) store electronic waste (A) in a fully enclosed  building  with  a
  roof,  floor  and  walls, or (B) 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;
    (iii) have a means to control entry, at all times,  through  gates  or
  other entrances to the active portion of the facility;
    (iv)  inform  all  employees  who  handle  or  have responsibility for
  managing electronic waste about proper handling and emergency procedures
  appropriate to the type or types of  electronic  waste  handled  at  the
  facility;
    (v)  remove  electronic  waste  from  the  site within one year of the
  waste's  receipt  at  the  site,  and  maintain  records   demonstrating
  compliance with this requirement; and
    (vi)  maintain  the records required by paragraphs (a) and (b) of this
  subdivision and by subparagraph (v) of this paragraph on site  and  make

them  available  for audit and inspection by the department for a period
  of three years.
    (d) A person operating an electronic waste recycling facility may also
  operate  such  facility  as  an  electronic waste consolidation facility
  provided that such person complies with the requirements of this section
  that are applicable to each  type  of  facility.  Where  a  facility  is
  operated for both purposes, only one registration fee must be paid.
    (e)  A  person  operating  an  electronic waste recycling facility may
  accept electronic waste in  the  same  manner  as  an  electronic  waste
  collection site provided that such person complies with the requirements
  of  this  section  that  are  applicable  to electronic waste collection
  sites.
    4. Except to the extent otherwise required by law, no manufacturer  or
  person  operating  an electronic waste collection site, electronic waste
  consolidation facility or 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.  This provision shall not prohibit any such person
  from entering into agreements that provide for the destruction  of  data
  on covered electronic equipment.