EPA certified computer recycling and disposal services with secure hard drive destruction for NJ, NY, PA, DE, MD, DC, CT

PROTECTING YOUR DATA IS OUR BUSINESS
PROTECTING THE ENVIRONMENT IS EVERYONE'S BUSINESS

FOUNDED IN 1990, BACK THRU THE FUTURE IS ONE OF THE OLDEST AND LARGEST COMPUTER RECYCLING FACILITIES ON THE EAST COAST

A FEDERAL EPA AND NJ DEP REGISTERED
ELECTRONIC RECYCLING COMPANY

(Member Institute of Scrap Recycling Industries ISRI)
(Member National Association for Information Destruction NAID)
(Member Information Systems Security Association ISSA)

EFFECTIVE DEC. 17, 2002 THE NEW JERSEY DEP ENACTS UNIVERSAL WASTE REGULATIONS GOVERNING THE DISPOSAL OF ALL ELECTRONICS.

UNIVERSAL WASTE REGULATIONS

Both the Federal EPA and State DEPs are rapidly moving towards the reclassification of all computer equipment as "universal waste" The body of evidence pointing to computers as a significant polluter of our landfills has been established. There is no single environmental issue that has created more state legislative activity over the past two years than electronic recycling.

State interstate commerce laws require that the environmental regulations of the State that the waste will be disposed in, not the State that it originated from, be followed. Back Thru The Future is located in New Jersey and follows the New Jersey State DEP regulations. The good news is that NJ has the strictest regulations in the country.

Universal waste is a form of hazardous waste. To be a universal waste an item must be first classified a hazardous waste and it must exist both in the private and commercial sector in the same form. Examples of universal wastes are: batteries, thermostats containing mercury, florescent lights, pesticides. The purpose of the universal waste designation is to promote the recycling of the particular item. The universal waste designation significantly reduces the paper work documentation versus a hazardous waste classification. (unlike hazardous waste, shipping manifests are not required to accompany the movements of universal waste) It reduces the cost of transporting the product by allowing universal waste to be transported by common carrier trucks rather than specially licensed (and expensive) hazardous waste haulers. It also exempts individuals and small business (identified as a small quantity generator) from the liabilities (but not the regulations themselves) associated to improper disposal.

Under universal waste regulations most mid size and large organizations will be designated "small quantity universal waste handlers" This designation differs from the small quantity generator exemption definition and is subject to the regulation's liabilities ($2000.00 fine per violation). The definition of this category covers an organization that accumulates more than 100 kilograms (220 pounds,about 8 monitors or CPUs) of universal waste at one time, but does not accumulate more than 5000 kilograms (11,000 pounds, about 350 monitor or CPUs) of universal waste at one time at one location. Organizations that exceed this limit are identified as "large quantity universal waste handlers" and must register with both the State DEP and Federal EPA. Your responsibilities as a small quantity universal waste handler are:

You must manage the universal waste to prevent release.
You must label the universal waste where it is stored as to type of universal waste. i.e. "universal waste monitors"
You must not store a universal waste item longer than one year.
(you need to maintain an inventory system that allows the length of time stored to be easily determined)
You must train your employees regarding the handling of universal waste.
You must respond to releases.
You must ship off site only to a registered universal waste facility.
You must keep records for at least three years after shipment. These records must include the name and address of the ship to location, the quantity and type of universal waste shipped, and the date shipped.

Liabilities for failure to comply with these regulations vary by State, but as an example, the State of NJ imposes a $2,000 fine for each violation. The Federal EPA recently fined two NYC colleges in excess of $100,000 for failure to maintain proper disposal records.

CURRENT REGULATIONS

State legislatures and DEPs have taken the lead on this issue. There are currently 26 States that have either adopted or are in the process of adopting regulations governing the disposal of consumer electronics. Landfill bans on CRTs are one of the most common regulations with MA, ME, MI, WI, and CA all having adopted this regulation. Another interesting regulation is advanced recovery fees "ARF". ARFs are fees charged at the time of new electronic equipment purchase. Typically a fee of $5-$10 per device. This fee is collected by the State and distributed to collection and processing facilities. California is leading this approach and is in the process of finalizing the details. This regulatory area is changing so quickly that we recommend that you contact your State DEP solid waste department to determine your states current position.

Federal EPA: The Federal EPA is currently evaluating a change in CRT disposal regulations. The EPA is evaluating the removal of CRTs from the solid waste category, thus, in theory, easing the ability to recycle the product. This relaxing of EPA control over the disposal process is being criticized by environmental groups as a step backwards. Several states have submitted comments recommending that CRTs be classified as a universal waste. What ever the case, any new regulations would not be adopted before 2005. The Federal EPA currently classifies cathode ray tubes (CRTs) found in computer monitors and televisions as a hazardous waste. This classification is based upon the high concentration of lead found in all cathode ray tubes. The Federal EPA's position on the disposal of CRTs found in both computer monitors and televisions are as follows:

Households: Used computer monitors or televisions generated by households are not considered hazardous waste and are not regulated under federal regulations.
Donations or Resale: Monitors or televisions sent for continued use (i.e., resold or donated) are not considered hazardous waste.
Small Quantities Exempt: Businesses or other organizations are not regulated under most federal requirements if the facility discards less than 100 kilograms (about 220 lbs or 8 monitors) of hazardous waste per month. (this waste must still go to facilities authorized to receive solid waste.)
Large Quantities: Facilities that generate more than 100 kilos per month of hazardous waste are regulated under federal law. CRTs sent for disposal must be manifested as hazardous waste and sent to a permitted hazardous waste facility. The facility must maintain records onsite for three years documenting type of materials disposed of, with whom and when. CRTS sent for recycling are also subject to these same regulations but the Federal EPA is in the process of reclassifying CRTs as universal waste which will streamline the reporting and record keeping requirements.

The Federal EPA has sponsored a voluntary electronic recycling approach NEPSI (National Electronics Product Stewardship Initiative) . Under product stewardship the manufacture of the product would need to provide an end of life recycling procedure. To this end a national panel was formed of 50 industry participants. NEPSI has been meeting for the last year and a half in effort to reach a consensus on the best manner to introduce and mange a US wide product stewardship program. The issues are complex and expensive. In February 2004 a tentative agreement was reached on the imposition of ARF's. There remains a significant doubt that all interested parties can reach final agreement on this issue.

State DEP Information

The State of New Jersey The state has reclassified all consumer electronics as universal waste. These new regulations took effect December 17, 2002. For detailed information on this new regulation visit http://www.state.nj.us/dep/dshw/.

California has become the first State to pass legislation requiring an advanced recovery fee (ARF) to be charged upon the sale of all new electronics. This is coupled with the States classification of all CRTs as universal waste. The State will collect and administer the fees to promote an electronic take back program in the State. The exact make up of this program is in discussion.

The State of New York has no specific regulations governing computer recycling but strongly supports proper disposal practices. You can view the NYS DEP position at http://www.dec.state.ny.us/website/dshm/recy/index.htm on the left hand side at the bottom of the page is a PDF file with the NYS electronic recycling initiative.

The State of Michigan under certain conditions has classified CRTS found in computer monitors and terminals as universal waste.

The State of Wisconsin considers intentionally broken CRTs as hazardous waste. They are currently considering the reclassification to "universal waste"

The State of Massachusetts has specifically banned all "non-commodity" CRT's from being disposed of in land fills. "Non commodity" is a regulatory term used to define a non reusable CRTs. The definition of a CRT is expanded to include all devices that contain a CRT, but there must be a positive determination that the device is not a commodity CRT. Individuals are exempt from this regulation. The Commonwealth of Massachusetts plans to issue new regulations on the management of CRTs. For more information, see its Web site at http://www.state.ma.us/dep/bwp/dswm/dswmpubs.htm.

The States of Florida and Minnesota are sponsoring pilot consumer electronic recycling programs aimed at developing new tools to handle obsolete electronics.

South Carolina’s legislature evaluated a bill that would establish a statewide electronic equipment recycling program. Although the proposal did not survive this year’s session, it is likely to be introduced again next year. In summary, this program would be administered by the Department of Commerce’s Recycling Market Development Advisory Council. It would impose a $5.00 fee on each piece of electronic equipment containing a cathode ray tube (CRT) sold and require the state treasurer to deposit the fees into an electronic equipment recycling fund. This fund would be used, among other things, to determine the most efficient means of collecting, transporting, and processing scrap electronic equipment and to award grants, contracts, and loans to further the process and technology for recycling electronic equipment. The summary and the full text of the bill, are still available on South Carolina’s Web site at http://www.lpitr.state.sc.us/bills/148.htm.

Rhode Island has established a quasi-state agency, Rhode Island Resource Recovery Corporation. Resource Recovery Corporation is accepting computers, monitors and all computer peripherals from residents of the state at its Johnston, RI facility. Business owned equipment is not currently accepted.

The State of Maine has passed legislation banning CRTs from all landfills. This ban will take effect in 2006.

Even if you reside in a state with no current disposal regulations you are at risk for improper disposal and record keeping. Interstate commerce law requires that any product passing over state lines must meet with the laws of the state its traveling to. Once your disposed of computer leaves your hands you have no control of its eventual destination. If that computer travels to a state with strong disposal regulations, you could be found liable for improper disposal or record keeping. Given the current state of regulations, and the obvious direction of these regulations, it is prudent to begin maintaining proper disposal records, and utilizing authorized universal waste handlers.