Santa Clara County Municipal Code Ch. XVIII Electronic Waste Recycling

In enacting this division, the Board of Supervisors recognizes that the collection of electronic devices for recycling is a service of great value to the health and safety of the public and the environment. The Board of Supervisors further recognizes that unless properly regulated, the recycling of electronic devices collected in the unincorporated territory of the County can be performed in a manner that is harmful to the health and safety of the public and environment and poses a threat to the quality of life in the community. Therefore, it is the purpose and intent of this chapter to regulate the recycling of electronic devices collected at recycling events in the unincorporated territory of the County of Santa Clara.

(Ord. No. NS-517.79, 8-9-11)

The definitions in this section apply to this chapter, unless apparent from the context that a different meaning is indicated.

(a) Electronic device: Any device powered by electricity or a battery that has a printed circuit board or video display attached. Examples include: televisions, computers, computer peripherals and components, hard drives, CD/DVD drives, printers, facsimile machines, copiers, telephone equipment, stereo equipment, cellular phones, and wireless devices.

(b) Electronic device recycling event: Any event organized by one or more individuals or entities with the intended purpose of collecting or gathering items that include electronic devices for delivery to a recycler. Examples include: curb-side pickups, door-to-door pickups, or parking lot drop-offs.

(c) Electronic device recycler: An entity that includes as part of its operations the recycling of electronic devices.

(d) e-Steward recycler: An electronic device recycler that: (1) until August 31, 2011, is an electronic device recycler qualified by the Basel Action Network as a participant in the e-Steward Pledge program or is certified by the Basel Action Network as an e-Steward recycler, or (2) after August 31, 2011, is an electronic device recycler that is certified by the Basel Action Network as an e-Steward recycler.

(Ord. No. NS-517.79, 8-9-11)

Sec. B11-522. - e-Steward Enterprise pledge or certification required.

(a) No person, partnership, corporation or other entity shall collect any electronic device from any electronic device recycling event in the unincorporated territory of the County unless the electronic device is delivered for recycling to an e-Steward recycler, regardless of that recycler's location.

(b) No electronic device recycler within the unincorporated territory of the County shall accept an electronic device collected from an electronic device recycling event conducted within the unincorporated territory of the County unless that electronic device recycler is an e-Steward recycler.

(Ord. No. NS-517.79, 8-9-11)

(a) To the extent the application of this chapter is preempted by an express provision of federal or state law, this chapter does not apply; and

(b) To the extent applicable laws and regulations governing a governmental entity prohibit the application of this chapter to electronic device recycling events organized in whole or in part by a governmental entity, this chapter does not apply.

(Ord. No. NS-517.79, 8-9-11)

This chapter shall become operable on January 1, 2012.

(Ord. No. NS-517.79, 8-9-11)