§ 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.