Looking into legality of electronics recycling

Originally Posted by JJinLV

Did you call the appropriate government office? BC the official state webpage still has links to R2/e-steward and non-R2 facilities. So there is clearly a way.

I know there MUST be a way, Im just trying to find it lol.... that is the point of this post. I have not called. I really should. I have just read the laws and permits and both clearly state the requirements, and neither had (that I could find) any exceptions to the requirements.




Namely this permit:
http://www.depgreenport.state.pa.us/...me=WMGR081.pdf

Which states:

C. Certification under the Covered Device Recycling Act.1. All permittees accepting covered devices that are required to have certification bythe CDRA must achieve and have maintained, within 18 months of issuance ofcoverage under this general permit, third-party accredited certification from theResponsible Recycling (R2) Practices Standard or the e-Stewards Standard, oran internationally accredited third-party environmental management standard thatis acceptable to the Department for the safe and responsible handling of covereddevices. Should certification not be achieved within 18 months of issuance ofcoverage under this general permit, the permittee shall cease accepting covereddevices unless an extension is granted, in writing, by the Department based onthe permittee’s demonstration of good cause as to why the permittee was notable to obtain certification in that time frame.2. All permittees accepting covered devices shall maintain and renew certificationas required.

So that states that anyone accepting devices that is required to have certification, must have certification, to obtain that permit. So next going to the covered device recycling act to see who is required to have certification yeilds the followings:


Applicability:
Section 301. Applicability.
The collection, transportation and recycling provisions of
this act shall apply only to covered devices used by and
collected from a consumer in this Commonwealth.https://www.legis.state.pa.us/cfdocs...tn=1&subsctn=0

So I guess does that mean if I collect from another state I am ok? Maybe,,, moving on....


Section 505. Environmentally sound management requirements.
(a) General rule.--Covered devices collected through any
program in this Commonwealth, whether by a manufacturer,
retailer, for-profit or not-for-profit corporation or unit of
government, shall be recycled in a manner that is in compliance
with all applicable Federal, State and local laws, regulations
and ordinances and may not be exported for disposal in a manner
that poses a significant risk to the public health or the
environment.
(b) Performance requirements.--
(1) All entities shall, at a minimum, demonstrate to the
satisfaction of the department that the facility to be used
to recycle covered devices has achieved and maintained third-
party accredited certification from:
(i) the Responsible Recycling (R2) Practices
Standard;
(ii) the e-Stewards standard; or
(iii) an internationally accredited third-party
environmental management standard for the safe and
responsible handling of covered devices.
(2) All entities shall provide information about their
certification and its standing to the department along with
any other requirements regarding this subsection that may be
mandated by Federal or State law. The department shall make
this information available on its Internet website.
(c) Department to maintain Internet website.--The department
shall maintain an Internet website that includes a list of
entities and organizations that the department has determined
have met the performance requirements.
https://www.legis.state.pa.us/cfdocs...tn=5&subsctn=0


So that says anyone collecting materials:

"facility to be used to recycle covered devices has achieved and maintained third-
party accredited certification from:"

And that would be fine, since all my stuff is going to someone on here with that accreditation, BUT since I am disassembling and sorting prior to shipment,
technically MY location where I am doing that is the facility, and would also need to be accredited, since the law defines:


"Recycling." A process by which covered devices that would
otherwise become solid waste or hazardous waste are collected,
transported, separated and processed, including disassembling,
dismantling or shredding, to be returned to use in the form of
raw materials or products in accordance with environmental
standards established by the Department of Environmental
Protection.


I guess I could argue that I am not "recycling" the devices because I am not sending them to be returned to raw materials.... I am sending them to someone else, who is then doing that. Idk....