Environmental RegulationsWe stress compliance on a daily basis and provide customers proper universal waste, TSCA and RCRA guidance as it pertains to regulations. A generator of toxic and hazardous materials is financially responsible for the proper management, recycling and disposal and for cleaning up the effects of improper disposal. For this reason it is important that when choosing an environmental company, your evaluation should include an assessment of the risk management features they bring to the table. RegulationsThere are major federal rules and regulations governing the disposal and handling of toxic and hazardous materials found in today's metals, lighting and electronic waste. Resource Conservation and Recovery Act (RCRA)RCRA gave EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous wastes. Under Subtitle C of RCRA, hazardous waste must be properly identified, stored, transported, treated and disposed. Toxic Substances Control Act (TSCA)The Toxic Substances Control Act (TSCA) regulates the management and disposal of PCB-containing materials. Aspects governed by TSCA include labeling, registrations, and inspections, reporting requirements, cleanup standards, storage, record keeping, shipping and proper disposal. Universal Waste Rule (UWR)The universal waste regulations streamline collection requirements for certain hazardous wastes in the following categories: batteries, pesticides, mercury-containing equipment, thermostats and lamps. The rule is designed to reduce hazardous waste in the municipal solid waste (MSW) stream by making it easier to manage the recycling of these items. The rule allows states to enforce stricter policies in regards to universal waste. Some states have added wastes to their universal waste rule, including CRTs and lamp ballast. Understanding “Superfund”The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is commonly referred to as “Superfund”, and is the Federal government's program to clean up the nation's uncontrolled hazardous waste sites. Under the Superfund program, abandoned, accidentally spilled, or illegally dumped hazardous waste that pose a current or future threat to human health or the environment are cleaned up. Potentially Responsible Parties (PREPS) may be held financially responsible to fund the clean up. Under Superfund, there is no small quantity exemption from liability for future site clean up if contamination is found at a disposal facility. Under the Superfund law, no contract, indemnification or any other agreement among the parties can remove this potential liability from any of the parties. The legal and financial liability under Superfund is: - “cradle to grave”- liability exists as long as waste remains waste
- “strict” - intent does not have to be proved
- “joint and several” - each party involved is individually liable for clean up costs
Always check with your local or state environmental regulatory agency for guidance in regards to universal and hazardous lighting and electronic waste. We have provided a link to state agencies that may assist you in contacting and managing your wastes in compliance with environmental regulations. The information contained above should not be used as your sole source of environmental guidance. We cannot be held responsible for any materials within this site. State-by-State Environmental Regulations |