Section 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.