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|  NYC's Electronic Equipment 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. Effective July 1, 2010, it will be illegal for any person in NYC to discard any covered electronic equipment as trash. 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.
Affected manufacturers must submit an Electronic Waste Management Plan to the NYC Department of Sanitation by June 15, 2009. In light of the fact that the New York State Assembly passed an electronic waste management bill that would preempt Local Law 13 of 2008 and the Department’s rules promulgated thereunder and there being a possibility that the New York State Senate will also pass electronic waste legislation in June 2009, the Department will delay enforcement until July 31, 2009 of all provisions of Local Law 13 and Chapter 17 of Title 16 of the Rules of the City of New York, including those that require the submission by manufacturers of electronic waste management plans and annual reports. 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 starting July 1, 2010, 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
Electronics Manufacturer Definition A manufacturer is a person or entity that previously or currently assembles, manufactures, or imports covered electronic equipment, sells or has sold covered electronic equipment under its own brand name, or licenses a brand name it owns for covered electronic equipment for sale in NYC. If more than one manufacturer shares responsibility for a brand of covered electronic equipment, a single manufacturer must accept responsibility for the brand. Companies who are unsure whether or not they are a manufacturer of covered electronic equipment may request clarification. Electronic equipment covered by this law includes:
Covered electronic equipment does NOT include:
How Equipment Must be Collected Manufacturers must accept for recycling or reuse any covered electronic equipment manufactured under its brand name, regardless of whether new equipment is purchased. Manufacturers must also accept for recycling or reuse any brand of covered electronic equipment including orphan waste on a one-to-one basis with the purchase of the same type of covered electronic equipment. Beginning July 1, 2011, manufacturers must accept orphan waste of the same type sold by the manufacturer regardless of purchase. Collection methods vary depending on the entity from which covered electronic equipment is collected.
Residents
Nonprofits/Governmental
Agencies/Small Businesses (less than
50 fulltime employees)/ Public Benefit Corporations/Associations/Public
Authorities
Businesses with More than
50 Employees How Manufacturers Must Educate Consumers At the time of purchase, manufacturers must provide information on how a person can return covered electronic equipment. Point of sale information must be provided in writing to the customer and may be included on the sale receipt, inside the product box, or in the equipment manual that accompanies the product. Local Law 21 of 2008 requires electronics manufacturers to meet certain collection standards. Electronic Waste Management Plan Manufacturers must submit an Electronic Waste Management Plan to DSNY by June 15, 2009 using the five section Electronic Waste Management Plan Submission Form. All five sections of the Plan submission form must be downloaded, filled out, printed, and then mailed to DSNY. In light of the fact that the New York State Assembly passed an electronic waste management bill that would preempt Local Law 13 of 2008 and the Department’s rules promulgated thereunder and there being a possibility that the New York State Senate will also pass electronic waste legislation in June 2009, the Department will delay enforcement until July 31, 2009 of all provisions of Local Law 13 and Chapter 17 of Title 16 of the Rules of the City of New York, including those that require the submission by manufacturers of electronic waste management plans and annual reports. 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. Starting July 1, 2010, 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:
back to top Manufacturers are required to educate consumers, at the point of sale, about how to return covered electronics. It is important for retailers to work with manufacturers to ensure that customers are well informed about how to return electronic equipment. The method chosen to collect covered electronics must be convenient to NYC residents. While not required, DSNY encourages retailers to coordinate with manufacturers to provide drop-off service for covered electronic equipment since retail outlets represent a major avenue for the convenient collection of electronic equipment. 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
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 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. Modifications to the description of the manufacturer's Plan for the collection of covered electronic equipment in NYC must be approved by DSNY before the manufacturer implements the modification. Any other proposed modification to a manufacturer's Electronic Waste Management Plan may be submitted to DSNY at any time before or after the proposed modification is implemented, but no later than manufacturer's next annual report. If DSNY rejects a modification after it has been implemented, the manufacturer has 30 days to submit a revised modification. Proposed modifications will be approved or disapproved within 60 days and notice will be mailed expeditiously. |  | ||||||||||||||
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