NYC's Electronic Equipment
Recycling and Reuse Act
On July 24, 2009, the Consumer Electronics Association
(CEA), the Information Technology Industry
Council (ITI), and ITAC Systems, Inc. filed a
lawsuit against the City of New York, and the NYC Department of Sanitation
(DSNY) in regards to New York City’s e-waste law and the rules promulgated
thereunder. By a stipulation between the parties to the lawsuit,
DSNY has agreed to stay all requirements of the E-waste Program pending
a decision on Plaintiff's motion for a preliminary injunction
. Should Plaintiffs' motion be denied, DSNY has agreed not
to require E-Waste Management Plans until 30 days after the Judge's decision and
order. Please continue to
check this site
for updates regarding New York City’s e-waste
law and the resolution of this matter.
Manufacturer Requirements

The Electronic Equipment Recycling and Reuse Act (Local Law 13 of 2008) requires electronics manufacturers to begin accepting electronic equipment from any person in NYC for recycling or reuse.
All electronics manufacturers affected by this law are
required to submit an Electronic Waste Management
Plan for the collection,
handling, and recycling or reuse of covered electronic equipment and orphan waste to the NYC Department of Sanitation
(DSNY). As provided for in Local Law 13 and Section 1043 of the NYC Charter, DSNY has
published its final rules concerning E-Waste Plans and
other requirements of Local Law 13 on April 15, 2009.
If you have any questions after reading the information below, please contact DSNY's Bureau of Waste Prevention, Reuse and Recycling at (917) 237-5676 or takebacklaws@dsny.nyc.gov.
Text of the Law and DSNY Final
Rules (on Laws and Directives page)
Overview of Law
Requirements
Electronic Waste
Management Plan
Overview of Annual
Reports
Legal Clarifications
Waiver Requests
ALSO SEE:
Electronics Recycling
Laws and Directives for more info about this law
Electronics Recycling Regulations for info on disposal requirements for businesses
Overview of Law Requirements
1. MATERIALS
One-hundred and eighty days after a Plan is approved by DSNY, a manufacturer must accept
for recycling or reuse:
2. EDUCATION
One-hundred and eighty days after a Plan is approved by DSNY, a
manufacturer must:
3. REPORTING
Every year manufacturers with a
DSNY-approved Plan, must submit an Annual
Report to the NYC Department of Sanitation.
4. ORPHAN WASTE
Orphan waste is defined as covered electronics, where no
manufacturer can be identified, or the manufacturer is no longer in business, and has no successor-in-interest.
By July 1, 2011, affected manufacturers must
Local Law 21 of 2008 requires electronics
manufacturers to meet certain collection standards.
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Electronic Waste Management Plan
On July 24, 2009, the Consumer Electronics Association
(CEA), the Information Technology Industry
Council (ITI), and ITAC Systems, Inc. filed a
lawsuit against the City of New York, and the NYC Department of Sanitation
(DSNY) in regards to New York City’s e-waste law and the rules promulgated
thereunder. By a stipulation between the parties to the lawsuit,
DSNY has agreed to stay all requirements of the E-waste Program pending
a decision on Plaintiff's motion for a preliminary injunction. Oral arguments on the motion have been scheduled for October
23, 2009, and should Plaintiffs' motion be denied, DSNY has agreed not
to require E-Waste Management Plans until 30 days after the Judge's decision and
order. Please continue to check this site for updates
regarding New York City’s e-waste law and the resolution of this matter.
All five sections of the Plan
submission form must be downloaded, filled out, printed, and then mailed to
DSNY.
The form sections below are PDF (Portable
Document Format) documents; you’ll need the free Adobe
Acrobat Reader to display and print them. A hard copy of the Plan is also available upon request to takebacklaws@dsny.nyc.gov
or (917) 237-5676.
Note: If using the free Adobe Acrobat Reader, the form
can be printed but not saved. If using the full version of Adobe Acrobat,
edits may be saved as the form is completed.
Electronic
Waste Management Plan Submission Form
Plans shall be reviewed by DSNY and manufacturers will be notified within 180 days of receipt whether its Plan has been approved or requires modifications.
Please note:
Manufacturers may, and are encouraged to, submit a Plan that includes the shared
resources of multiple manufacturers. Such a Plan is considered to be a Group
Plan and must include a list of each manufacturer represented under the Plan and meet all requirements for individual Plans. A Group Plan is required to have an authorized third party or must designate a manufacturer as the group contact.
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Overview of Annual Reports
Manufacturers must submit an Annual Report to
DSNY using the Annual Reporting Form, which will be available shortly for
download. The Annual Report must include:
|
1.
|
Any approved amendments to the
manufacturer’s Electronic Waste Management
Plan.
|
| 2. |
Sales data for covered electronics sold in NYC for the prior calendar year.
|
| 3. |
The quantity of covered electronics and orphan waste collected in NYC expressed both in terms of total weight and as a percentage of the average annual sales measured by weight over three calendar years.
|
| 4. |
Information on end market and recyclers used by the manufacturer.
|
| 5. |
Examples of how NYC residents and businesses were informed of the manufacturer’s Plan.
|
| 6. |
The number of visits and calls to the
manufacturer’s website and toll free number established by the Electronic Waste Management Plan.
|
| 7. |
$1,250 certified check made payable to the NYC Department of Sanitation.
|
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Legal
Clarifications
Organizations who believe that they are exempt from the law can send a
letter clearly stating the reasons to the address below. Organizations
who need clarification about whether they are electronics manufacturers or
their electronics are covered under the law may submit a detailed
letter to:
Deputy Commissioner for Legal Affairs
New York City
Department of Sanitation
125 Worth Street, Room 710
New York, NY
10013
RE: Local Law 13 of 2008 Legal Clarification
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Waiver
Requests
Some manufacturers who are covered under the law may
be able to apply for waivers of certain provisions provided they
present good cause. The waiver must be submitted in writing to
DSNY prior to or with the submission of the manufacturer's proposed Plan. Waiver letters
should be sent to:
Director
Bureau of Waste Prevention, Reuse and Recycling
New York City Department of Sanitation
44 Beaver St., 6th Floor
New York, NY 10004
RE: Local Law 13
of 2008 Waiver Request
Should DSNY disapprove a
manufacturer's waiver request, the manufacturer will
be notified in writing of the reasons for such disapproval. Manufacturers must
then submit the required information with its Electronic Waste Management Plan 30 days after
notification of DSNY's disapproval.
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