Electronic Waste Collection Site Requirements

E-waste Online Registration and Reporting System:

NYS Electronic Equipment Recycling and Reuse Act:

Electronic Waste Collection Sites are likely to be a first point of contact when consumers return their e-waste for recycling or reuse, and therefore play an important role in the New York State Electronic Equipment Recycling and Reuse Act. For a full description of requirements that apply to Electronic Waste Collection Sites, 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 Collection Site Definition:

An "electronic waste collection site" is a fixed or temporary site at which electronic waste is accepted from consumers and temporarily stored for more than five days in a calendar year before such waste is transported to an electronic waste consolidation facility or electronic waste recycling facility. Electronic waste collection sites include, but are not limited to, dedicated sites and facilities for the acceptance of electronic waste, retail stores and outlets, municipal or private electronic waste collection sites and not-for-profit donation sites that have agreed to accept electronic waste. Municipalities have no specific requirements under the Act. However, those municipalities that choose to offer electronic waste collection opportunities must meet the same requirements as any other electronic waste collection site.

Electronic Waste Collection Site Requirements:

1. Submit a one-time registration. Owners/operators of electronic waste collection sites in the state must register with the department using the form below, at least thirty days prior to receiving any electronic waste. In the case of multiple 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 its collection sites. Collection sites are not required to pay a registration fee.
2. Submit an annual report. Owners/operators of electronic waste collection sites must submit to the department an annual report by March 1st annually, detailing the previous calendar year's activities.
3. 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 a hazardous waste constituent to the environment and managing the hazardous waste in compliance with all applicable laws and regulations.
4. Control entry. Electronic waste collection sites must have a means to control entry, at all times, to the active portion of the facility.
5. Remove electronic waste in a timely manner. Electronic waste must be removed from the collection site within one year of the waste's receipt at the collection site. The site must maintain records demonstrating compliance with this requirement.
6. Maintain records. The collection site 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.
7. Allow access. Sites 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 collection site.
8. Inform and train employees. Electronic waste collection sites must inform and train all persons who handle or have responsibility for managing electronic waste at the collection site about the proper handling and emergency procedures appropriate for the type or types of electronic waste handled at the collection site.
9. Comply with disposal ban. Owners/operators of electronic waste collection sites 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.
10. Request withdrawal, if applicable. Each owner or operator that intends to cease operations at its collection site, or has ceased operations at its collection site, 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 consolidation facility's registration was withdrawn; and
    • comply with the closure requirements described below.
11. Manage electronic waste in a manner that complies with all applicable laws, rules and regulations.

Program Partner Collection Site Additional Requirements:

A program partner is any 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 collection site 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; and
• not charge for the acceptance of electronic waste except from business consumers or for providing a premium service.

Non-Program Partner Collection Site Additional Requirements:

For any electronic waste collection site 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 and 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.

Example signage (PDF, 164 KB) is available for your use.

Any non-program partner collection site 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 email [email protected] 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 collection site 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 Collection Site Closure Requirements:

Each owner or operator of an electronic waste collection site intending to cease the collection of electronic waste at the collection site 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 collection site;
• cease receipt of electronic waste at the collection site by the date of termination of use of the electronic waste collection site, or immediately if registration is revoked;
• remove electronic waste from the collection site for proper recycling or reuse within 90 days of the date of termination of use of the electronic waste collection site;
• If necessary, decontaminate the collection site, in accordance with applicable laws and regulations, to ensure the site has been cleaned to the satisfaction of the department in a manner 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 to activities have ceased at the collection site;
  • all electronic waste at the collection site have been sent for proper recycling or reuse; and
  • the collection site has been properly decontaminated, if necessary.

Electronic Waste Collection Site Data Liability:

Except to the extent otherwise required by law, no person operating an electronic waste collection site 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 collection site if owner or operator of the collection site fails to comply with any of the requirements of the Act or Regulations. In the event of revocation, each owner or operator of a collection site must submit a final annual report for the calendar year in which the collection site's registration was revoked. Each owner or operator of a collection site that has its registration revoked must comply with all applicable closure requirements described above. If a collection site registration is revoked, the collection of electronic waste at the site must cease immediately.

Contact for this Page

DMM, Bureau of Waste Reduction and Recycling
625 Broadway
Albany, NY 12233

Phone: 518-402-8706

[email protected]

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