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Showing 9 posts in Hazardous Waste/RCRA. View our practice description for Hazardous Waste/RCRA.

Rite Aid to Pay $12.3 Million for Failing to Properly Manage Waste Products from its California Stores

Rite Aid Corporation has agreed to pay more than $12.3 million to settle a civil lawsuit alleging that Rite Aid improperly managed, transported, and disposed of hazardous waste at hundreds of its California stores and distribution centers.  The hazardous wastes at issue include: pharmaceuticals and over-the-counter medications, bleaches, photo processing chemicals, pool chlorine and acids, pesticides, fertilizers, batteries, electronic devices, mercury containing lamps, paints, lamp oils and other ignitable liquids, aerosol products, oven cleaners and various other cleaning agents, automotive products, and other flammable, reactive, toxic and corrosive materials.  Read More ›

The Impacts of New EPA Vapor Intrusion Guidance

EPA recently issued two draft guidance documents on vapor intrusion and will accept comments on them through May 24, 2013. If finalized in current form, these guidance documents would formalize and enhance EPA’s existing practice of prioritizing vapor intrusion as a central issue in environmental remediation and could result in increases in the expense and effort required from responsible parties to achieve compliance for cleanup of contaminated sites conducted under federal authorities such as CERCLA or RCRA. They could also be highly influential in clean-ups overseen by state regulators. Read More ›

Federal Criminal Conviction For Illegal Exportation of Electronic Waste

A U.S. recycler has been successfully prosecuted for exporting e-waste containing lead to foreign countries. In December of 2012, a federal jury convicted Executive Recycling, its CEO, and Vice President of Operations on multiple criminal counts, including seven counts of wire fraud, the illegal export of hazardous waste to developing countries, smuggling and obstruction of justice. Executive Recycling was the exporter of record in more than 300 exports from the United States between 2005 and 2008, including the export of over 100,000 cathode ray tubes (“CRTs”) containing lead. CRT disposal is regulated in the United States under the Resource Conservation and Recovery Act (“RCRA”). The Defendants were found to have falsely advertised to customers that they would dispose of e-waste in an environmentally friendly manner, in the United States rather than overseas. Contrary to such representations, the company was found to have sold e-waste to brokers for export overseas to China and other countries.   Read More ›

RCRA’s Hazardous Waste Manifest System Enters the Electronic Age

On October 5, President Obama signed into law an amendment to the Resource Conservation and Recovery Act (RCRA) that will establish an electronic hazardous waste manifest system.  The electronic system will replace the current paper-based manifest system, which requires hazardous waste handlers to file multiple paper copies of hazardous waste manifests.  Read More ›

EPA Inspector General Recommends Classification of Additional Pharmaceuticals as Hazardous Wastes When Discarded

On May 25, 2012, the U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a report finding that inaction by the Agency in identifying pharmaceuticals that are hazardous wastes when discarded “may result in unsafe disposal and releases of dangerous pharmaceuticals into the environment.”  See EPA-OIG Report No. 12-P-0508.  To address this concern, the OIG made specific recommendations, which the EPA Office of Solid Waste and Emergency Response must respond to within 90 days.  Read More ›

Ninth Circuit Finds Dry Cleaning Equipment Manufacturers Not Liable Under CERCLA or RCRA

The Ninth Circuit Court of Appeals issued a pair of decisions this quarter that may serve to limit the liability of equipment manufacturers under two key federal environmental remediation statutes. Read More ›

Second Circuit Requires Pre-Suit Notices to List All Chemicals Forming Basis of RCRA Claim

Emphasizing the importance of specificity in Resource Conservation and Recovery Act ("RCRA") notices of intent to sue ("NOIs"), the U.S. Court of Appeals for the Second Circuit held that NOIs must identify each chemical alleged to be the basis of a RCRA violation for a claim to withstand dismissal. See Brod v. Omya, Inc., No. 09-4551-cv (2d Cir. July 18, 2011), available at www.bdlaw.com/assets/attachments/Omya.pdf.   Read More ›

First-Ever Criminal Charges Filed Against Exporter of Electronic Waste

On September 15, 2011, a federal grand jury in the District of Colorado indicted an environmental waste recycling company, its chief executive officer, and its former vice president of operations on charges of wire and mail fraud and various environmental crimes for the company’s improper handling of electronic waste (“e-waste”).  This marks the first time that criminal charges have been brought against an e-waste exporter in the United States.  Read More ›

EPA Proposes Revised Definition of Solid Waste Rule

On June 30, 2011, the United States Environmental Protection Agency (“EPA”) signed a RCRA Subtitle C definition of solid waste proposed rule (“2011 DSW Proposed Rule”) pursuant to a settlement agreement between the Sierra Club and EPA in the Sierra Club’s challenge to EPA’s October 2008 definition of solid waste (“DSW”) rule.  In addition to making significant changes to the October 2008 rule, the 2011 DSW Proposed Rule would also expand EPA’s reach over recycling beyond the regulations that were in place prior to October 2008.  Read More ›