EPA v. AERC Recycling Solutions CA/FO

Case summary

AERC is a Pennsylvania corporation that holds itself out as a “full-service recycling company, engaged in recycling, including export of used computer monitors for reuse.” Its corporate headquarters are located in Flanders, NJ, with a Regional Processing facility located at 30677 Huntwood Avenue, in Hayward, California. This case involves export of used computer monitors, which contain cathode ray tubes (“CRTs”). A CRT is the glass video display component of an electronic device. Color CRTs contain high levels of lead and other metals that, when disposed, may leach at levels above the regulatory limit for toxicity. Pursuant to 40 CFR §§ 261.39-40, CRTs are excluded from the definition of solid waste if certain conditions are met, including a requirement that the exporter notify EPA of intent to export, and that EPA receives, and transmits to the exporter, an Acknowledgement of Consent (“AOC”) from the receiving country. AERC had met the requirements for the exclusion in 2007 and 2008, but did not have an AOC for shipments in 2009. On January 8, 2009, after its 2008 AOC had expired, AERC shipped computer monitors to Malaysia. AERC’s failure to meet the conditions of the exemption at 40 CFR §§ 261.39-40, subject it to the requirements of 40 CFR §§ 262.50 et seq., governing Exports of Hazardous Waste. AERC’s failure to obtain an AOC prior to shipping CRTs violated the requirements for export of hazardous waste. EPA received evidence supporting the violation from the California Department of Toxic Substances Control. After settlement discussions, the facility agreed to pay a penalty of $5,200.

Defendants (1)

• AERC Recycling SolutionsNamed in complaintNamed in settlement

Facilities (1)

• AERC.COM INC DBA AERC RECYCLING SOLUTIONS

  1475 CROCKER AVE, HAYWARD, CA, 94544

  Registry ID: 110032746642

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• AERC Recycling Solutions CA/FOentered 2012-09-28

  Primary law: RCRA

  Federal penalty: $5,200

Timeline (4 milestones)

• 2012-09-28Enforcement Action Closed
• 2012-09-28Complaint Filed/Proposed Order
• 2012-09-28Final Order Issued
• 2012-10-01Enforcement Action Data Entered