Electronic Waste Consolidation Facility 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.
NYS Electronic Equipment Recycling and Reuse Act:
Electronic Waste Consolidation Facilities have several responsibilities under the New York State Electronic Equipment Recycling and Reuse Act. For a full description of requirements that apply to Electronic Waste Consolidation 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 Consolidation Facility Definition:
An "electronic waste consolidation facility" receives and stores electronic waste for the purpose of organizing, categorizing or consolidating such waste for transport to an electronic waste recycling facility.
Electronic waste consolidation facilities include, but are not limited to, facilities of brokers acting as intermediaries between electronic waste buyers and sellers, and regional centers at which electronic waste is organized, categorized or consolidated after being transported to such centers from electronic waste collection sites or other electronic waste consolidation facilities.
Electronic Waste Consolidation Facility Requirements:
- Submit a one-time registration and registration fee. Owners/operators of electronic waste consolidation 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. A person may operate an electronic waste consolidation facility while also operating such facility as an electronic waste recycling facility. Where a facility is operated for both purposes, only one registration fee must be paid.
- Submit an annual report. By March 1st annually, owners/operators of electronic waste consolidation facilities must submit to the department an annual report for the previous calendar year.
- 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 hazardous waste in compliance with all applicable laws and regulations.
- Control entry. Electronic waste consolidation facilities must have a means to control entry, at all times, to the active portion of the facility.
- Remove electronic waste in a timely manner. Electronic waste must be removed from the consolidation facility within one year of the waste's receipt at the facility.
- 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.
- Implement and maintain an electronic waste tracking system. This system must include:
- the date, weight, type, 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 consolidation 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. Consolidation facilities that send any allocated electronic waste for further processing must notify each receiving consolidation facility, 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 consolidation facility and a tracking number that corresponds to the consolidation 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.
- 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 consolidation facility.
- Inform Employees. Electronic waste consolidation facilities must inform and train all persons who handle or have responsibility for managing electronic waste at the consolidation facility about the proper handling and emergency procedures appropriate for the type or types of electronic waste handled at the consolidation facility.
- Comply with disposal ban. Owners/operators of electronic waste consolidation 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.
- Request withdrawal, if applicable. Each owner or operator that intends to cease operations at its consolidation facility, or has ceased operations at its consolidation 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 consolidation facility's registration was withdrawn; and
- comply with the closure requirements described below.
- Manage electronic waste in a manner that complies with all applicable laws, rules and regulations.
Program Partner Consolidation 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 consolidation 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 or another consolidation 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 consolidation 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 Consolidation Facility Additional Requirements:
For any electronic waste consolidation 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 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 consolidation 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 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 consolidation 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.
Each owner or operator of an electronic waste consolidation facility intending to cease operations at a consolidation 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 consolidation facility;
- cease receipt of electronic waste at the consolidation facility by the date of termination of use of the electronic waste consolidation facility, or immediately if registration is revoked;
- remove electronic waste from the consolidation facility for proper recycling or reuse within 90 days of the date of termination of use of the electronic waste consolidation facility;
- decontaminate the consolidation facility, 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 activities have ceased at the consolidation facility;
- all electronic waste at the consolidation facility has been sent for proper recycling or reuse; and
- the consolidation facility has been properly decontaminated.
Electronic Waste Consolidation Facility Data Liability:
Except to the extent otherwise required by law, no person operating an electronic waste consolidation 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 consolidation facility if owner or operator of the consolidation facility fails to comply with any requirements of the Act or Regulations. In the event of revocation, each owner or operator of a consolidation facility must submit a final annual report for the calendar year in which the consolidation facility's registration was revoked. Each owner or operator of a consolidation facility that has its registration revoked must comply with all applicable closure requirements described above. If a consolidation facility's registration is revoked, the collection of electronic waste at the consolidation facility must cease immediately.