Chapter 6-8
MINIMUM STANDARDS FOR THE RECYCLING OF ELECTRONIC WASTE

Sections:

6-8.100    Finding and intent.

6-8.101    Definitions.

6-8.102    E-waste recycler certification required.

6-8.103    E-waste event notification.

6-8.104    Exemptions from e-waste recycling requirements.

6-8.105    Enforcement.

6-8.100 Finding and intent.

The Watsonville City Council finds and declares that:

(a)    The recycling of electronic devices is a valuable service and benefits the community by improving the health and safety of the community and environment; and

(b)    Electronic devices contain materials that pose a risk to the health and safety of residents, the environment and recycling workers if not recycled by environmentally responsible means; and

(c)    Some electronic device recycling methods utilize inadequate environmental standards that pose a risk to the health and safety of residents, the environment and recycling workers—such as disposal in landfills, the export of electronic devices to developing countries with inadequate environmental standards, and the use of prison, child or elderly labor; and

(d)    It is the intent of the City Council to use its regulatory powers to require the use of certain electronic device recycling standards for recycling of electronic devices collected within the City limits of the City of Watsonville to protect the health and safety of residents, the environment, and recycling workers to the greatest extent possible; and

(e)    Recycling standards required for a recycler to qualify as a certified recycler under the certification program designated by the City of Watsonville shall be designed to protect the health and safety of residents, the environment and recycling workers to the greatest extent possible; and

(f)    This chapter will protect the health and safety of residents, the environment and recycling workers by establishing minimum electronic device recycling standards for recycling of electronic devices collected or processed within the City of Watsonville.

(§ 1, Ord. 1285-12 (CM), eff. June 7, 2012)

6-8.101 Definitions.

For the purposes of this chapter, certain words and phrases used are defined as follows:

(a)    “Electronic device” shall mean any device powered by electricity (including batteries) that contains circuitry and is identified by the State of California as hazardous waste, whether whole or in fragments, including parts, components, or assemblies thereof. Examples include, but are not limited to: televisions, computers, central processing units, mobile computers (including notebooks, netbooks, tablets, and e-book readers), computer accessories (including input devices, webcams, speakers, data storage devices, servers, and monitors), televisions (including portable televisions and portable DVD players), video display devices (including digital picture frames and portable video devices), digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines), television peripheral devices (including video cassette recorders, DVD players, video game systems, game controllers, signal converter boxes, and cable and satellite receivers), digital cameras and projectors, digital audio players, telephones and electronic communication equipment (including cellular phones and wireless Internet communication devices), networking devices (including routers, network cards, modems, and hubs), audio equipment, portable video game systems, personal digital assistants, portable global positioning system navigation devices and microwave ovens. Electronic device does not include motor vehicles or large appliances.

(b)    “Electronic device collector” shall mean any person, partnership, corporation or other entity who collects or gathers electronic devices for processing or delivery to a recycler.

(c)    “E-waste collection event” shall mean any one (1) time or ongoing event or activity organized by individuals, groups, electronic device collectors or other entities with the intended purpose of collecting or gathering items that include electronic devices for recycling or delivery to a recycler. Examples include curbside pickups, door-to-door pickups, parking lot drop-offs, permanent collection sites, or an organization’s in-house electronic device management.

(d)    “Electronic device processor or recycler” shall mean an entity that includes as part of its operations the recycling of electronic devices.

(e)    “Certified recycler” shall mean an electronic device recycler that has been certified by a third-party organization as designated by the City.

(f)    “Electronic waste” or “e-waste” shall mean any electronic device as defined in this chapter which is being collected for recycling, reuse or disposal.

(§ 1, Ord. 1285-12 (CM), eff. June 7, 2012)

6-8.102 E-waste recycler certification required.

(a)    No person shall collect any electronic device for recycling in the City unless the electronic device is delivered to a recycler which meets the certification standards as required by the City, regardless of that recycler’s location.

(b)    No electronic device recycler located within the City shall accept any electronic device for recycling unless that recycler meets the certification standards as required by the City.

(c)    The City’s certification standards shall be the e-Stewards Certification Standards of the Basel Action Network. The City Council, by resolution, may change certification standards as standards evolve. The Director of Public Works or designee shall provide information about any change in certification standards to collectors, recyclers and the community.

(§ 1, Ord. 1285-12 (CM), eff. June 7, 2012)

6-8.103 E-waste event notification.

(a)    All notices of e-waste collection events, activities or programs open or available to the public, whether mailed, delivered directly, or placed as advertisements in any media, shall include the collector’s name, address, telephone number, web site address (if any) and the name of a contact person.

(b)    All notices of e-waste collection events shall indicate that all collected materials will be delivered to a certified e-waste recycler and must identify the recycler or recyclers to which materials will be delivered.

(c)    Information required in this section shall be prominently displayed at any e-waste collection event open or available to the public.

(d)    No less than ten (10) days before the beginning of any e-waste collection event, activity, or program, notification including all information in subsections (a) and (b) of this section shall be provided to the City of Watsonville by email to cityclerk@cityofwatsonville.org or in person or by mail to the address below:

City Clerk’s Office

275 Main Street, Suite 400

Watsonville, CA 95076

(§ 1, Ord. 1285-12 (CM), eff. June 7, 2012)

6-8.104 Exemptions from e-waste recycling requirements.

(a)    The City recognizes that electronic components are being included in an increasing number of products, some of which may be impractical to process as e-waste due to size or complexity.

(b)    The Public Works and Utilities Director or the Director’s designee may exempt a product or product category from the requirements set forth in this chapter upon demonstration that this chapter would create an undue hardship or practical difficulty. The Director’s or the Director’s designee’s decision to grant or deny an exemption shall be final.

(c)    The Public Works and Utilities Director or the Director’s designee may include new products or reinstate previously exempted products to the requirements set forth in this chapter at their discretion with adequate public notice.

(d)    An exemption from processing as e-waste does not exempt collectors or recyclers from other requirements for proper recycling or disposal of materials.

(§ 1, Ord. 1285-12 (CM), eff. June 7, 2012)

6-8.105 Enforcement.

(a)    The Public Works and Utilities Director or the Director’s designee shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of this chapter.

(b)    The Director or designee is authorized to establish regulations or administrative procedures to ensure compliance with this chapter.

(c)    A person or entity violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction.

(d)    Upon request of the Public Works Director/City Engineer or the Director’s designee, electronic waste collectors shall provide invoices, manifests or other documents as requested to verify compliance with this chapter.

(e)    The Public Works Director/City Engineer or designee may without notice inspect any collector’s premises, vehicles, storage or other facilities to verify compliance with this chapter.

(f)    This chapter may be enforced under Chapter 1-2.

(§ 1, Ord. 1285-12 (CM), eff. June 7, 2012)