Risks of Electronic Dumping in Recycling

Transcription

1 The Federal Electronics Challenge Presents Potential Liabilities of Electronic Waste 1

2 Agenda Introduction to two environmental laws Liability laws for information Two examples of electronic waste dumping What can be done to reduce liability 2

3 CERCLA Comprehensive Environmental Response, Compensation, and Liability Act Also known as Superfund Addresses abandoned and closed hazardous waste sites Uses administrative orders that requires one or more parties to conduct the cleanup Holds those responsible for the release of hazardous waste liable for the cleanup costs Establishes a fund for cleanup when responsible parties can not be identified Full text of CERCLA: 3

4 CERCLA Liability Is strict and joint and several Any party that ever sent any waste to the facility is potentially fully liable for cleanup The liability is applied regardless of what was sent, and what the contamination is A party can not be released from this liability May require cleanup costs be paid years, or decades, later Citizen suites can also be used to collect costs 4

5 How a generator could become liable for cleanup costs If a generator sends electronics to a recycler that releases toxins and goes out of business, then anyone who sent material to the recycler could be liable for cleanup costs There is always the possibility of liability if a recycler mismanages material and has a release of toxic materials If a facility disposes of, or arranges for disposal of, electronics in a landfill or other disposal site there is the risk of CERCLA liability if the site begins to release hazardous substances. 5

6 RCRA Resource Conservation and Recovery Act Provides cradle to grave hazardous waste management authority Includes generation, treatment, and storage of hazardous waste Regulates active facilities EPA ID numbers are issued to facilities that handle waste; it is not a certification of their work Full text of RCRA: 6

7 RCRA Liability Liability applies to the parties responsible for the facility in the event of a release CERCLA generally defers regulatory control to RCRA An EPA identification number is not an assurance of good environmental practice Allows for monitoring the volume of waste generated Prevents registered generators from dealing with non-registered parties It is not a certification of responsible management by the EPA 7

8 RCRA Liability Generally, a facility that disposes of over 220 lbs. of hazardous waste a month becomes a small quantity generator. This is about 8 CRT containing monitors This weight is the total weight of the hazardous electronic equipment, not just the hazardous component Local hazardous waste rules may be stricter than federal rules. Enforcement may be by: State or local agency EPA Citizen suit provisions of RCRA 8

9 Liability in regards to the sale of electronics Generally, selling a useful product releases the seller from liability However, if usable products are sold with unusable materials this could be considered arranging for disposal If the buyer improperly manages the unusable material there is potential for the seller to be liable 9

10 State to State Variation CERCLA and RCRA are two federal laws covering hazardous waste management States are required to adopt these standards, or create their own Any state specific standards must be stricter than the federal rules Contact your state and local officials for information about any local rules For individual situations, contact your facility s legal counsel. 10

11 Questions? 11

12 Management of Sensitive Information Regulatory requirements are in place that mandate the protection of confidential and privileged information Financial Services Modernization Act of 1999 (Gramm-Leach-Biley Act) imposes requirements on the broad definition of financial institutions Civil and criminal penalties can be enforced 12

13 Management of Sensitive Information Medical Privacy Regulations (HIPPA) Provides for protection of medical records and personal health information Both criminal and civil penalties can apply Sensitive information Beware of what information may be on disk drives or removable media If unable to verify the sensitivity of the information contained on the media do not release it, and seek advice from the material s originator 13

14 Questions? 14

15 Illegal dumping In some states the waste generator can be held responsible if waste is illegally dumped. These laws have been used to stop dumping, or recover cleanup costs as shown in the following example 15

16 Example: A Sham Recycler Abandons Electronic Waste In Minnesota a recycler collected electronic waste from schools, businesses, and not-for-profits The recycler retrieved components of value and abandoned low value materials 16

17 Example: A Sham Recycler Abandons Electronic Waste Many groups had paid the recycler thinking that he would properly recycle the material Other groups had donated the material to a third party that sent the equipment to the recycler for processing No one expected to ever hear about the equipment again 17

18 Example: A Sham Recycler Abandons Electronic Waste There was a judgment against the recycler: clean it up in five months or get 90 days in jail. Because the landlord is losing rent she has taken it upon herself to clean up the waste. To recover her cleanup costs, potentially over $100,000; she may sue the waste generators. Since the recycler abandoned the material and stopped paying rent over a year ago, the landlord may attempt to recover lost rent from the generators. 18

19 A Federal Enforcement Example In 2000 the Department of Health and Human Services (DHHS) in Boston was caught placing electronic equipment in dumpsters for disposal. This is a violation of state law and RCRA Massachusetts has a landfill ban for CRTs They attempted to dispose of over 220 lbs. of hazardous waste 19

20 A Federal Enforcement Example EPA was able to issue a notice of violation (NOV) and impounded the dumpster the same day The potential maximum fine was $27,500 per violation EPA s NOV required DHHS to remove their waste from the dumpster and manage it correctly DHHS sent the material to a local recycler and no further action was taken by EPA 20

21 Questions? 21

22 How to Minimize Liability Perform a proper due diligence of recyclers Ask recycles where their material goes and about their experience recycling. The end-of-life call will cover this more in-depth Purchase equipment with a reduced toxics content Extend the life of equipment by upgrading it Each facility or agency should maintain responsibility for donation or recycling of its electronic waste, and not pass it off to other agencies to manage 22

23 How to Minimize Liability Only sell or donate working equipment Responsibly manage unusable materials - RECYCLE Do not assume that a buyer will properly handle equipment that parts were taken from for repair Be tough when evaluating equipment don t pass problem equipment on to others Selling or donating unusable equipment is unfair, and may make it difficult to find groups to take working equipment in the future. 23

24 How to Minimize Liability Work with the recipients of donations so they know how to, and will, properly manage EOL equipment Educate them about the issues of electronic waste Offer them lists of recyclers Discuss how to facilitate recycling Donating group takes back the equipment for recycling Allowing recipients to make use of existing recycling services contracts Other options? 24

25 How to Minimize Liability Leasing Is an arrangement that provides certain services, or equipment, for a set period of time. The lessee does not take ownership of the equipment, and returns the equipment to the lessor at the end of the lease In most situations this puts the burden of disposal onto the lessor Other effects of leasing might be: Encouraging manufactures to increase the ease in which equipment can be recycled Decrease the level of toxins in electronics 25

26 How to Minimize Liability The FEC has more information at: FEC Checklist for recycling services FEC Federal Property Reuse Program 26

27 Questions? 27

28 Contact Us Christopher Kent (US EPA, Headquarters) Viccy Salazar, (US EPA, Region 10) Chris Newman (US EPA, Region 5) Adrienne Priselac (US EPA, Region 9)