NYCWasteLe$$ business: NYC Electronic Equipment Recycling Law

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New York City's Electronic Equipment
Recycling and Reuse Act

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 New York City for recycling or reuse.

Effective July 1, 2010, it will be illegal for any person in New York City 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 (as defined in the law) to the New York City Department of Sanitation (DSNY). As provided for in Local Law 13 and Section 1043 of the New York City Charter, DSNY has published its proposed rules concerning E-Waste plans and other requirements of Local Law 13.

Due to the short time frame between the passing of Local Law 13 and the required submission date for Electronics Waste Management Plans, DSNY is granting manufacturers a grace period before assessing fines for the late submission of these plans. Previously due on September 1, 2008, Electronic Waste Management plans will now be due 60 days after the rules are published as final in the City Record. Among other things, these proposed rules address the scope of covered electronic equipment and define “convenient collection”.

Given the unique characteristics of New York City, DSNY currently believes that convenient collection for large items will include a method whereby these items are collected directly from a person's home or place of business. For smaller items, DSNY currently believes that convenient collection will include a larger variety of options, including mail and similar delivery methods. As there will be formal rule making, these positions are subject to change.

Any questions, other than comments to the rules, should be directed to DSNY's Bureau of Waste Prevention, Reuse and Recycling at (917) 237-5676 or takebacklaws@dsny.nyc.gov.

DSNY Proposed Rules
Electronics manufacturer definition
What must be accepted?
Overview of law requirements
Overview of Electronic Waste Management Plans
Overview of Annual Reports
Retailer responsibilities
Exempt Organizations
August 2008 update on Local Law 13 (2008)

ALSO SEE

NYC Electronic Equipment Recycling and Reuse Act: Info for Consumers
Electronics Recycling
Laws and Directives for more info about this law
Electronics Recycling Regulations for info on disposal requirements for businesses
Frequently Asked Questions for City agency and school disposal options

Proposed Rules

The proposed rules are available in the City Record and online.

Written comments regarding these proposed rules may be sent to the office of the Deputy Commissioner for Legal Affairs, New York City Department of Sanitation, 125 Worth Street, Room 710, New York, New York 10013 on or before October 31, 2008.
In addition, a public hearing regarding the proposed amendments will be held on October 21, 2008 at 125 Worth Street, 2nd Floor Auditorium, New York, New York from 9:30 A.M. to 12:30 P.M and 2:00 P.M. to 4:00 P.M.

Written comments and a summary of oral comments received at the hearing will be available for public inspection within a reasonable time after receipt, between the hours of 9:00 A.M. to 5:00 P.M. at the office of the Deputy Commissioner for Legal Affairs.

DSNY will carefully consider all comments received by manufacturers, as well as other members of the public, before the rules are made finalized. DSNY intends to finalize the rules by December 2008.

Electronics manufacturer definition

A manufacturer is defined as a person or entity that previously or currently assembles, manufactures, or imports covered electronic equipment, sells covered electronic equipment under its own brand name, or licenses a brand name it owns for covered electronic equipment for sale in New York City.

What must be accepted?

Electronic equipment covered by this law includes: computer central processing units (desktop computers, laptop computers, and servers), cathode ray tubes (CRTs), computer monitors, keyboards, mice, televisions, printers, and battery powered digital music players.

Electronic equipment must be accepted from any individual, business entity, partnership, company, corporation, nonprofit, association, governmental entity, public benefit corporation, public authority, or firm. Manufacturers may not charge a fee to any individual, nonprofit, or small business with under 50 employees.

Overview of Law Requirements

Affected manufacturers must submit an Electronic Waste Management Plan to the NYC Department of Sanitation 60 days after DSNY's rules pertaining to Local Law 13 of 2008 are published as final in the City Record.

By July 1, 2009, or 180 days after a Plan is approved (whichever is later), a manufacturer must accept for recycling or reuse:

any covered electronic equipment manufactured under its brand name, regardless of whether new equipment is purchased.
any brand of covered electronic equipment on a one-to-one basis with the purchase of the same type of covered electronic equipment.

By July 1, 2009, or 180 days after a Plan is approved (whichever is later), a manufacturer must:

ensure that its products include a label that identifies the manufacturer.
provide, at the point of sale, information about how a person can return covered electronics. This information must include either a toll-free telephone number or website address.
submit an Annual Report to the NYC Department of Sanitation.

By July 1, 2011, affected manufacturers must accept for recycling or reuse any equipment, considered orphan waste, regardless of whether new equipment is purchased. 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.

Overview of Electronic Waste Management Plans

The Electronic Waste Management Plan required to be submitted to DSNY 60 days after DSNY's rules pertaining to Local Law 13 of 2008 are published as final in the City Record. The Electronic Waste Management Plan shall be submitted on an Electronic Waste Management Plan Submission Form provided by DSNY. These Forms will be avalable upon finalization of he rules. The Electronic Waste Management Plan must include:

Electronics collection information
1.	Details about how covered electronic equipment will be collected from persons in New York City. Such collection must be convenient to all residents of New York City.
2.	How NYC residents and businesses will be informed of the program. Any public education effort must include a website and toll-free telephone number where New Yorkers can find out how to recycle or reuse their covered electronic equipment.
Recycling process information
1.	Information about the method used to recycle covered electronic equipment, including end markets, details on disassembly or physical recovery, locations of recycling operations, and details on the manufacturer’s compliance with applicable laws.
2.	Methods used to destroy all data contained on any covered electronics.
3.	Certification that the manufacturer’s collection, handling, and recycling or reuse of covered electronic equipment is in compliance with all local, state, and federal laws.
Additional Items
1.	Annual NYC sales data of covered electronics for the last three calendar years.
2.	A list of manufacturer’s brand names.
3.	$1,500 certified check made payable to the City of New York.
4.	Any other information as may be required by NYC Department of Sanitation rules.

Plans shall be reviewed by the NYC Department of Sanitation and manufacturers will be notified within 180 days of 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 must include a list of each manufacturer represented under the Plan and must meet all requirements for individual plans.

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Overview of Annual Reports

An Annual Report, submitted to DSNY on July 1 of every year beginning July 1, 2009. The Annual Report shall be submitted on an Annual Reporting Form provided by DSNY. These Forms will be avalable upon finalization of he rules. 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 New York City for the last closed calendar year.
3.	The quantity of covered electronics and orphan waste collected in New York City expressed both in terms of total weight and as a percentage of the average annual sales of the manufacturer’s covered electronics, reported by weight during the previous 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 City of New York.

New York City Retailer Responsibilities

The method chosen to collect covered electronics must be convenient to NYC residents. While not required to act as a drop-off location for covered electronic equipment, retailers represent a major avenue for the convenient collection of electronic equipment.

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.

Exempt Organizations

Organizations that have received notices may or may not be required to comply with the law. If you believe your organization is exempt from the law, be aware that the rules will include a system for manufacturers to indicate their exemption from the law. Those manufacturers who believe they are exempt from the law will not receive a response from DSNY until after the rules are publushed as final in the City Record.

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