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.  

Visit Electronics Recycling for information about current recycling options in NYC.

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:
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:

• 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.

2. EDUCATION

One-hundred and eighty days after a Plan is approved by DSNY, 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.

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

• Accept for recycling or reuse any equipment, considered orphan waste, regardless of whether new equipment is purchased.

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  

• Electronic Waste Management Plan Submission Form Instructions
• Section P.1 - Manufacturer Information: must be filled out by each manufacturer
• Section P.2 - Group Plan Information: if a Group Plan, must be filled out by the authorized third party or designated manufacturer
• Section P.3 - Covered Electronic Equipment Collection and Transportation Operations : must be filled out for each party performing collection and/or transportation operations and submitted by the manufacturer or group.
• Section P.4 - Plan for the Disposition of Covered Electronic Equipment: must be filled out by each recycler and submitted by the manufacturer or group.
• Section P.5 - Electronic Waste Management Plan Submission Fee: must be filled out and submitted with check by each manufacturer or, if a Group Plan, the authorized third party.

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:

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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