Int. No. 728
By Council Members
de Blasio, McMahon, the Speaker (Council Member Quinn) and Council Members
Comrie, Dickens, Fidler, Gentile, Katz, Koppell, Recchia Jr., Sanders Jr.,
Weprin, Gerson, Jackson, James, Stewart, Vallone Jr., Martinez, Yassky, Liu,
Nelson, Foster, Monserrate, Rivera, Garodnick, Mealy
and Sears
A Local Law to amend
the administrative code of the city of
Be it enacted by the Council as follows:
Section 1. Declaration
of legislative findings and intent.
The Council finds that electronic waste represents one of the fastest
growing and most hazardous components of the City of
Electronic waste contains
many toxic substances that include known or probable human carcinogens that
have been identified by the EPA, European Union and municipal and state
Departments of Health throughout the country. An average
television set with a traditional cathode ray tube contains as much as five to
seven pounds of lead, and an average computer terminal contains four pounds of
lead as well as smaller amounts of mercury and cadmium. The improper disposal of this waste therefore
poses a threat to human health and the
environment. Indeed, according to the
EPA, as much as 70% of heavy metals contained in landfills, including lead,
mercury and cadmium, originates from electronic
waste. The incineration of electronic
waste can lead to increased mercury, lead and other toxic airborne emissions.
There are direct
environmental and public health consequences for
The Council finds that there
is currently no comprehensive system for managing the growing problem of
electronic waste in the City of
The purpose of this chapter is to
establish an electronics recycling system that ensures the safe and
environmentally sound handling, recycling, or reuse of electronic
equipment. In addition, it is the
purpose of this chapter to establish an electronics recycling and reuse
collection system that is convenient and minimizes costs to consumers of
electronic equipment and to the City.
The Council further finds that by encouraging convenient and
environmentally sound collection of electronic waste, this chapter would reduce
the environmental and health costs associated with electronic equipment that is
discarded along with ordinary waste.
The Council finds that the
manufacturers of electronic equipment should reduce and, to the maximum extent
feasible, ultimately phase out the use of hazardous materials in electronic
products. The Council further finds that primary responsibility for the
collection, handling and recycling or reuse of electronic equipment belongs to
manufacturers. Currently, manufacturers
of electronic equipment are required to bear none of the financial burden or
responsibility for safely managing discarded electronic equipment at the end of
its useful life, burdening local governments and end users with these costs and
responsibilities. Manufacturers of electronic equipment, in working to achieve
the goals and objectives of this chapter, should have the flexibility to act in
partnership with each other, the city and businesses that provide collection
and handling services to develop, implement and promote a safe and effective
electronics recycling system.
§2. Title 16 of the administrative code of the
city of
CHAPTER 4-A
ELECTRONIC EQUIPMENT COLLECTION ,
RECYCLING AND REUSE
§16-420 This
local law shall be known and may be cited as the “Electronic Equipment
Collection, Recycling and Reuse Act”.
§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 electronic 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.
§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.
§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 collect covered electronic equipment to the maximum extent
feasible;
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 5220.22 M;
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 submission of
a proposed modification where it determines that the manufacturer is not
collecting covered electronic equipment to the maximum extent feasible as
required by this chapter. The department shall approve or disapprove such
modification in accordance with paragraph one of this subdivision.
i.
All decisions of the department pursuant to this section shall be made public.
§16-424 Performance Standards. A manufacturer shall demonstrate whether, pursuant to its electronic waste
management plan, it is collecting for recycling or reuse covered electronic
equipment to the maximum extent feasible.
§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.
§
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.
§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.
§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 goal of collecting covered electronic equipment to the
maximum extent feasible; 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.
§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.
§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.
§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.
§16-432 Rulemaking
authority. The department shall be
authorized to promulgate rules as necessary to implement the provisions of this
chapter.
§3.
This local law shall take effect immediately
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CJC