On June 17, 2002 the New Jersey Department of Environmental
Protection (the Department) adopted an amendment to the Universal
Waste Rule (UWR) including consumer electronics as a universal
waste. Consumer electronics are defined in the rule as: “any
appliance used in the home or business that includes circuitry.
Consumer electronics includes the components and sub-assemblies
that collectively make up the electronic products and may,
when individually broken down, include batteries, mercury
switches, capacitors containing PCBs, cadmium plated parts
and lead or cadmium containing plastics. Examples of consumer
electronics include, but are not limited to, computers, printers,
copiers, telefacsimiles, VCRs, stereos, televisions, and telecommunication
devices.” The adopted amendments to the Universal Waste
Rule were effective on December 17, 2002.
Under the UWR, a generator of consumer electronics is regulated
as a small or large quantity handler. A small quantity handler
of universal waste accumulates less than 5,000 kilograms (11,000
pounds) of universal waste at any given time. This includes
all types of universal waste being generated at the site.
A large quantity handler of universal waste accumulates greater
than 5,000 kilograms of universal waste at any given time.
The management requirements for small quantity handlers are
found at N.J.A.C. 7:26A-7.4 and the management requirements
for large quantity handlers are found at N.J.A.C. 7:26A-7.5.
A generator of consumer electronics may send their electronics
to another universal waste handler or to a demanufacturer.
Demanufacturers of consumer electronics are regulated in
New Jersey as Class D recycling centers and are required to
obtain a Class D Recycling Center Approval. Large quantity
universal waste handlers may not demanufacture electronics.
Small quantity universal waste handlers are allowed to demanufacture
electronics without obtaining a Class D Recycling Center Approval
however processing or treating the components, for example
by crushing or shredding, is prohibited.
Companies that are strictly refurbishing electronics for
resale or donation do not need an approval from the Department
to operate. These facilities are only handling products that
are still usable and are therefore not regulated by the Department.
However, if the company will be storing any unusable electronics,
they would be regulated as a universal waste handler.
Transporters of universal waste, including consumer electronics,
are not required to obtain a New Jersey solid or hazardous
waste transporter registration provided the wastes are being
shipped to an approved recycling center or universal waste
handler. If the universal waste is being shipped to a RCRA
Treatment, Storage, or Disposal Facility (TSDF) for treatment
or disposal instead of recycling, the transporter must be
a registered New Jersey solid waste transporter or a registered
New Jersey hazardous waste transporter. If the waste is being
shipped to a TSDF for recycling, transporter registration
is not required. The above requirements apply to both intra-state
and interstate shipments.
Last Revised 06/15/04
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