Section 16-420
§ 16-420 This local law shall be known and may be cited as the
"Electronic Equipment Collection, Recycling and Reuse Act".
Section 16-421
§ 16-421 Definitions.
As used in this chapter:
a. "Brand name" means a manufacturer's name, brand designation, make
or model name or number, or other nomenclature by which covered
electronic equipment is offered for sale by a manufacturer.
b. "Cathode ray tube" means a vacuum tube or picture tube used to
convert an electronic signal into a visual image.
c. "Computer" means an electronic, magnetic, optical, electrochemical
or other high-speed data processing device performing a logical,
arithmetic or storage function, and may include both a computer central
processing unit and a monitor; but such term shall not include an
automated typewriter or typesetter, a portable hand-held calculator, a
portable digital assistant, or other similar device.
d. "Covered electronic equipment" means any computer central
processing unit; cathode ray tube; cathode ray tube device; keyboard;
electronic mouse or similar pointing device; television; printer;
computer monitor, including but not limited to a liquid crystal display
and plasma screens, or similar video display device that includes a
screen that is greater than four inches measured diagonally and one or
more circuit boards; a laptop or other portable computer; or a portable
digital music player that has memory capability and is battery-powered.
"Covered electronic equipment" does not include any automobile; mobile
phone; household appliances such as clothes washers, clothes dryers,
refrigerators, freezers, microwave ovens, ovens, ranges or dishwashers;
equipment that is functionally or physically part of a larger piece of
equipment intended for use in an industrial, research and development or
commercial setting; security, anti-terrorism or medical equipment that
utilizes a cathode ray tube, a cathode ray tube device or a flat panel
display or similar video display device that is not separate from the
larger piece of equipment; or any other device, as that term is defined
in section three hundred twenty-one of title twenty-one of the United
States code.
e. "Electronic recycler" means a person who 1. refurbishes or
otherwise processes covered electronic equipment for reuse or resale; or
2. removes, segregates or otherwise extracts components or commodities
from covered electronic equipment, either by manual or mechanical
separation or by changing such equipment's physical or chemical
composition, for the purpose of reusing or recycling such components or
commodities.
f. "Label" means information, as required by this chapter, on the
surface of covered electronic equipment, which must be permanently
attached to, printed or engraved on or incorporated in any other
permanent manner on such equipment, and obvious and visible to users of
such equipment.
g. "Manufacturer" means a person who: 1. assembles or substantially
assembles, or has assembled or substantially assembled, covered
electronic equipment for sale in the city; 2. manufactures or has
manufactured covered electronic equipment under its own brand name or
under any other brand name for sale in the city; 3. sells or has sold,
under its own brand name, covered electric equipment produced by another
person for sale in the city; 4. owns a brand name that it licenses or
has licensed to another person for use on covered electronic equipment
sold in the city; 5. imports or has imported covered electronic
equipment for sale in the city; or 6. manufactures or has manufactured
covered electronic equipment for sale in the city without affixing a
brand name.
h. "Monitor" means a separate visual display component of a computer,
whether sold separately or with a central processing unit and includes
the cathode ray tube, liquid crystal display, or other image projection
technology, and its case, interior wires and circuitry, all exterior and
interior cables, and power cord.
i. "Orphan waste" means covered electronic equipment, the manufacturer
of which cannot be identified or is no longer in business and for which
no successor-in-interest has been identified.
j. "Person" means any individual, business entity, partnership,
company, corporation, not-for-profit corporation, association,
governmental entity, public benefit corporation, public authority, or
firm.
k. "Recycle" means to use the materials contained in covered
electronic equipment or components thereof as raw materials for new
products or components, but not for energy recovery or energy generation
by means of combustion, gasification, pyrolysis or other means.
l. "Reuse" means any operation by which covered electronic equipment
or components thereof are used for the same purpose for which they were
conceived.
m. "Sell" or "sale" means any transfer for consideration, by lease or
sales contract of title to or the right to use covered electronic
equipment from a manufacturer or retailer to any person, including, but
not limited to, transactions conducted through retail sales outlets,
catalogs, or the internet; "sell" or "sale" includes transfer of new,
used or refurbished covered electronic equipment, but does not include
transfers between end users of such equipment.
n. "Television" means a display system containing a cathode ray tube
or any other type of display primarily intended to receive broadcast
video programming, having a viewable area greater than four inches when
measured diagonally.
Section 16-422
§ 16-422 Responsibility of Manufacturer Collection. a. Beginning July
first, two thousand nine or one hundred eighty days after a
manufacturer's electronic waste management plan is approved by the
department, whichever date is later, such manufacturer must accept for
collection, handling and recycling or reuse covered electronic equipment
that is offered for return by any person in the city, and has been
assembled, manufactured, or imported by such manufacturer, or has been
sold under such manufacturer's brand name.
b. Beginning July first, two thousand nine or one hundred eighty days
after a manufacturer's electronic waste management plan is approved by
the department, whichever date is later, such manufacturer must accept
for collection, handling and recycling or reuse on a one-to-one basis
with the purchase of the same type of covered electronic equipment other
than orphan waste that is offered for return by any person in the city,
and has been assembled, manufactured or imported by persons other than
such manufacturer, or has been sold under the brand name of a person
other than such manufacturer.
c. Beginning July first, two thousand nine or one hundred eighty days
after a manufacturer's electronic waste management plan is approved by
the department, whichever date is later, and ending on June thirtieth,
two thousand eleven, such manufacturer must accept for collection,
handling, and recycling or reuse orphan waste that is offered for return
by any person in the city on a one-to-one basis with the purchase of the
same type of product by such person.
d. Beginning July first, two thousand eleven, each manufacturer must
accept for collection, handling, and recycling or reuse orphan waste of
the same type sold by such manufacturer in the city that is offered for
return by any person in the city.
Section 16-423
§ 16-423 Manufacturer Electronic Waste Management Plan. a. No later
than September first, two thousand eight, a manufacturer shall submit to
the department an electronic waste management plan for the collection,
handling, and recycling or reuse of covered electronic equipment and
orphan waste. Any person who becomes a manufacturer on or after
September first, two thousand eight shall submit to the department an
electronic waste management plan for the collection, handling, and
recycling or reuse of covered electronic equipment and orphan waste
prior to selling any covered electronic equipment in the city.
b. A manufacturer's submission of an electronic waste management plan
pursuant to subdivision a of this section shall be accompanied by a fee
of one thousand five hundred dollars. A manufacturer's submission of an
annual report pursuant to subdivision a of section 16-428 of this
chapter shall be accompanied by a fee of one thousand two hundred fifty
dollars. Any manufacturer who submits such plan or report without the
requisite fee shall be deemed not to have submitted such plan or report
and shall be subject to the penalties set forth in paragraph one of
subdivision d of section 16-427 of this chapter for failure to submit
such plan or report.
c. The manufacturer shall not impose a fee or other charge on any
person for the collection, handling, and recycling or reuse of covered
electronic equipment or orphan waste, except that a fee or other charge
may be imposed by contractual agreement between a manufacturer and a
business entity, partnership, company, corporation or firm having more
than fifty full time employees other than a not-for-profit corporation
as defined in subparagraph five or seven of subdivision a of section one
hundred two of the New York not-for-profit corporation law, association,
governmental entity, public benefit corporation or public authority.
d. An electronic waste management plan shall include, at a minimum:
1. details for the collection, handling, and recycling or reuse of
covered electronic equipment and orphan waste as required by this
chapter, including but not limited to the methods by which a person can
return to the manufacturer such covered electronic equipment and orphan
waste. Such methods shall be convenient for residents of the city;
2. how the manufacturer will inform residents and businesses of the
city about the manufacturer's plan for the collection, handling, and
recycling or reuse of covered electronic equipment and orphan waste,
which shall include an internet website and a toll-free telephone
number;
3. information on the manufacturer's plan for the disposition of
covered electronic equipment and orphan waste, including any plan for
the recycling or reuse of such covered electronic equipment and orphan
waste. If the manufacturer provides a plan for the recycling or reuse of
covered electronic equipment and orphan waste, the manufacturer shall
include details about anticipated end markets and electronic recyclers
expected to be utilized by the manufacturer, including but not limited
to details on the methods of collection, handling and recycling or reuse
of covered electronic equipment used by such electronic recyclers,
details on any disassembly or physical recovery operation to be used by
such electronic recyclers, the locations of any such operations, and
details on the manufacturer's compliance with applicable laws and
regulations relating to the disposition, recycling or reuse of covered
electronic equipment;
4. a description of how the manufacturer will plan to attain the
performance standards established in paragraph a of section 16-424 of
this chapter;
5. annual city sales data of the manufacturer's covered electronic
equipment for the previous three calendar years;
6. the method to be used to destroy all data in any covered electronic
equipment and orphan waste collected, either through physical
destruction of the data storage components thereof or through data
wiping meeting or exceeding United States Department of Defense standard
5220.22M;
7. a list of the manufacturer's brand names, including: (i) any brand
name under which the manufacturer assembles or substantially assembles,
or has assembled or substantially assembled covered electronic
equipment; (ii) any brand name under which the manufacturer manufactures
and sells, or has manufactured and sold, covered electronic equipment;
(iii) any brand name under which the manufacturer sells or has sold
covered electronic equipment produced by another person under such
manufacturer's own brand; (iv) any brand name that the manufacturer owns
and licenses or has licensed to another person for use on covered
electronic equipment; (v) any brand name under which the manufacturer
imports or has imported covered electronic equipment for sale in the
city; and (vi) any brand name of covered electronic equipment of which
the manufacturer has become the successor-in-interest;
8. a certification that the manufacturer's collection, handling, and
recycling or reuse of covered electronic equipment complies with all
local, state, federal and international laws and regulations; and
9. any other information as may be required by department rules.
e. The department shall approve or disapprove a proposed electronic
waste management plan submitted by a manufacturer within one hundred
eighty days of its submission. The department may approve a submitted
electronic waste management plan that does not conform with every one of
the requirements of this chapter upon application and a showing of good
cause by such manufacturer. If the department approves an electronic
waste management plan, it shall expeditiously notify the manufacturer of
the approval in writing. If the department disapproves an electronic
waste management plan, it shall expeditiously notify the manufacturer in
writing of the disapproval and specify the reasons for such disapproval.
The manufacturer shall have thirty days to resubmit a revised electronic
waste management plan after the department notifies the manufacturer of
its disapproval. The department shall approve or disapprove a
resubmitted electronic waste management plan within ninety days of
resubmission.
f. Beginning on July first, two thousand nine, or one hundred eighty
days after an electronic waste management plan is approved by the
department, whichever date is later, a manufacturer of covered
electronic equipment shall implement its approved plan for the
collection, handling and recycling or reuse of covered electronic
equipment and orphan waste.
g. An electronic waste management plan may provide for the sharing of
resources by one or more manufacturers, provided that such plan meets
the requirements of this section. Any electronic waste management plan
providing for the sharing of resources must include a list of
manufacturers participating in such plan.
h. 1. Proposed modifications to a previously approved manufacturer's
electronic waste management plan shall be submitted to the department
which shall approve or disapprove such modification within sixty days
and expeditiously notify the manufacturer of its determination in
writing. If the department disapproves such modification, it shall
specify the reasons for such disapproval in writing and the manufacturer
shall have thirty days to submit a revised modification to the
department.
2. At any time, the department may require resubmission of a proposed
modification where it determines that the manufacturer is not in
compliance with the collection standards as set forth in section 16-424
of this chapter. The department shall approve or disapprove such
modification in accordance with paragraph one of this subdivision.
i. Notwithstanding the provisions of section 16-423 of this chapter,
any person who becomes a manufacturer of covered electronic equipment
subsequent to the effective date of this section may include within a
submitted electronic waste management plan a proposed schedule for
compliance with the minimum collection standards set forth in section
16-424 beyond the respective compliance dates set forth in such section.
The commissioner may approve such proposed schedule or may approve a
modification to such proposed schedule that provides for a reasonable
compliance time beyond that provided for in such section.
j. All decisions of the department pursuant to this section shall be
made public.
Section 16-424
§ 16-424 Performance Standards. a. A manufacturer shall demonstrate
whether, pursuant to its electronic waste management plan, it is
collecting for recycling or reuse at least its share of covered
electronic equipment. Such manufacturer's share of covered electronic
equipment is determined by applying the following minimum collection
standard percentage by the average annual sales of the manufacturer's
covered electronic equipment in the city, reported by weight, during the
previous three calendar years; by July 1, 2012, the minimum collection
standard is twenty-five percent; by July 1, 2015, the minimum collection
standard is forty-five percent; by July 1, 2018, the minimum collection
standard is sixty-five percent.
b. For purposes of calculating achievement of the minimum collection
standard specified in paragraph a of this subdivision, a manufacturer
may count the collection of a single item of covered electronic
equipment as twice its weight when that item is donated free of charge
for reuse to the New York city department of education, or to any
not-for-profit corporation, as defined in subparagraphs five or seven of
subdivision a of section one hundred two of the New York not-for-profit
corporation law, a principal mission of which is to assist low-income
children or families living in city. To qualify for the donation reuse
credit under this subdivision, the covered electronic equipment must be:
(a) no older than three years old, (b) in full working condition, and
(c) accepted as a donation by the recipient in writing.
c. The commissioner may grant an annual waiver, in whole or in part,
from the minimum collection standards set forth in subdivision a of this
section where a manufacturer who has an approved electronic waste
management plan has demonstrated to the commissioner's satisfaction that
such minimum collection standards could not be met despite the best
efforts of the manufacturer because the manufacturer has substantially
increased the amount of covered electronic equipment sold within the
city over the three-year period during which compliance with subdivision
a of this section is to be measured and it was not practicable to meet
the applicable minimum collection standard.
Section 16-425
§ 16-425 Labeling. a. Beginning July first, two thousand nine or one
hundred eighty days after a manufacturer's electronic waste management
plan is approved by the department, whichever date is later, such
manufacturer may not sell or otherwise distribute for sale in the city
covered electronic equipment unless such equipment has a label that
identifies such manufacturer.
b. Beginning July first, two thousand nine or one hundred eighty days
after a manufacturer's electronic waste management plan is approved by
the department, whichever date is later, such manufacturer shall provide
at the point of sale information on how a person can return covered
electronic equipment pursuant to such manufacturer's electronic waste
management plan. Such information shall include a toll-free telephone
number or internet website address describing how covered electronic
equipment can be returned pursuant to the manufacturer's electronic
waste management plan.
c. Beginning July first, two thousand nine, the department shall post
on its web site all information provided to it from manufacturers
describing how covered electronic equipment can be returned pursuant to
a specific manufacturer's electronic waste management plan.
Section 16-426
§ 16-426 Disposal ban. a. Beginning July first, two thousand ten, no
person shall dispose of covered electronic equipment as solid waste in
the city.
b. Beginning July first, two thousand nine, no manufacturer shall
dispose of covered electronic equipment as solid waste in the city.
Section 16-427
§ 16-427 Enforcement. a. The department and the department of consumer
affairs shall have the authority to enforce the provisions of this
chapter. Any notice of violation charging a violation of any provision
of this chapter shall be returnable to the environmental control board,
which shall have the power to impose civil penalties as provided herein.
b. Any person who violates the provisions of subdivision a of section
16-426 of this chapter shall be liable for a civil penalty of one
hundred dollars for each violation.
c. Any manufacturer who violates the provisions of subdivision b of
section of 16-426 of this chapter shall be liable for a civil penalty of
one thousand dollars for each violation.
d. 1. Beginning September first, two thousand eight, a manufacturer
who fails to submit an electronic waste management plan or an annual
report as required by this chapter shall be liable for a civil penalty
of one thousand dollars per day for each day that an electronic waste
management plan or an annual report is not submitted.
2. Beginning September first, two thousand eight, a manufacturer who
submits an electronic waste management plan that has been disapproved by
the department more than two times shall be liable for a civil penalty
of one thousand dollars per day for each day that an electronic waste
management plan is not submitted and approved by the department
following the date of such second disapproval.
3. Beginning July first, two thousand nine, a manufacturer who
knowingly submits an annual report as required by this chapter that
contains a false or misleading statement as to a material fact or omits
to state any material fact necessary in order to make a statement
therein not false or misleading shall be liable for a civil penalty of
ten thousand dollars.
4. Beginning July first, two thousand nine, or one hundred eighty days
after a manufacturer's electronic waste management plan is approved by
the department, whichever date is later, a manufacturer who fails to
accept covered electronic equipment or orphan waste offered for return
by any person in the city pursuant to such manufacturer's electronic
waste management plan shall be liable for a civil penalty of two
thousand dollars for each piece of covered electronic equipment or
orphan waste not accepted.
5. Beginning July first, two thousand twelve, a manufacturer who has
not met the performance standards set forth in subdivision a of section
16-424 of this chapter shall be liable for a civil penalty of fifty
thousand dollars for each percentage point that said manufacturer falls
below the performance standards, and shall also submit a modified
electronic waste management plan to the department with details
explaining how said manufacturer intends to comply with the performance
standards. The department shall review such modified electronic waste
management plan as provided in subdivision h of section 16-423 of this
chapter.
Section 16-428
§ 16-428 Reporting Requirements. a. On or before July first, two
thousand nine, and annually on or before July first thereafter, a
manufacturer that offers any covered electronic equipment for sale in
the city shall submit an annual report to the department that includes
the following information for the prior calendar year: 1. any approved
modification to the manufacturer's electronic waste management plan; 2.
sales data for the manufacturer's covered electronic equipment sold in
the city; 3. the quantity of covered electronic equipment collected for
recycling or reuse in this city, expressed both in terms of the total
weight of such covered electronic equipment and as a percentage of the
average annual sales of the manufacturer's covered electronic equipment
in the city, reported by weight, during the previous three calendar
years, and categorized by the type of covered electronic equipment
collected pursuant to such manufacturer's electronic waste management
plan, and further categorized, to the extent possible, by the quantity
of such covered electronic equipment collected from individuals and
government entities; 4. the weight of orphan waste collected,
categorized by the type of covered electronic equipment collected,
pursuant to such manufacturer's electronic waste management plan; 5.
information on the manufacturer's compliance with the performance
standards established in section 16-424 of this chapter; 6. information
on the end markets and electronic recyclers utilized by the
manufacturer, including details on the methods of collection, handling
and recycling or reuse of covered electronic equipment used by
electronic recyclers, details on any disassembly or physical recovery
operation to be used, the locations of any such operations, and details
on the manufacturer's compliance with applicable laws and regulations
relating to the disposition, recycling and reuse of covered electronic
equipment and orphan waste; 7. examples of how the manufacturer has
informed residents and businesses of the city about the manufacturer's
plan for the collection, handling and recycling or reuse of covered
electronic equipment and orphan waste; 8. the number of visits to the
internet website and calls to the toll-free telephone numbers
established by the manufacturer's electronic waste management plan; and
9. any other information required by department rules.
b. The department shall submit a report on implementation of this
chapter to the mayor and the city council by January fifteenth, two
thousand eleven, and yearly thereafter. The report must include, at a
minimum: 1. data on the amount of electronic waste collected,
categorized by manufacturer; 2. an evaluation of the recycling and reuse
rates in the city for covered electronic equipment and orphan waste; 3.
a discussion of compliance and enforcement related to the requirements
of this chapter; and 4. any recommendations for any changes to the
system of collection, handling and recycling or reuse of covered
electronic equipment and orphan waste in the city.
Section 16-429
§ 16-429 Confidential Information and Trade Secrets. Information
relating to covered electronic equipment submitted to the department
pursuant to this chapter may be designated by the department as
confidential upon a showing of good cause by the person submitting it.
Except as otherwise provided by or pursuant to law or court order, such
information may be used only by the department, its agents and
employees, other city agencies, and as authorized by the mayor,
employees of the United States Environmental Protection Agency or the
attorney general of the state of New York.
Section 16-430
§ 16-430 Application by the department of collected covered electronic
equipment toward recycling goals. The department shall be allowed to
apply the amount of covered electronic equipment and orphan waste
collected by manufacturers pursuant to this chapter towards achieving
its recycling goals.
Section 16-431
§ 16-431 Severability. The provisions of this chapter shall be
severable, and if any provision of this chapter is declared to be void
or invalid by a court of competent jurisdiction, the remaining
provisions shall not be affected, and shall remain in full force and
effect.
Section 16-432
§ 16-432 Rulemaking authority. The department shall be authorized to
promulgate rules as necessary to implement the provisions of this
chapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.