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Electronic Waste Compliance and Enforcement: Emerging Trends Managing Hazardous E-Waste to Meet Federal and State Law Requirements Today’s faculty features: 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10. WEDNESDAY, JUNE 12, 2013 Presenting a live 90-minute webinar with interactive Q&A Peggy Otum, Partner, Arnold & Porter, Washington, D.C. Tricia Foley, Partner, Day Pitney, New York

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Page 1: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Electronic Waste Compliance

and Enforcement: Emerging Trends Managing Hazardous E-Waste to Meet Federal and State Law Requirements

Today’s faculty features:

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific

The audio portion of the conference may be accessed via the telephone or by using your computer's

speakers. Please refer to the instructions emailed to registrants for additional information. If you

have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.

WEDNESDAY, JUNE 12, 2013

Presenting a live 90-minute webinar with interactive Q&A

Peggy Otum, Partner, Arnold & Porter, Washington, D.C.

Tricia Foley, Partner, Day Pitney, New York

Page 2: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Sound Quality

If you are listening via your computer speakers, please note that the quality of

your sound will vary depending on the speed and quality of your internet

connection.

If the sound quality is not satisfactory and you are listening via your computer

speakers, you may listen via the phone: dial 1-866-755-4350 and enter your PIN

when prompted. Otherwise, please send us a chat or e-mail

[email protected] immediately so we can address the problem.

If you dialed in and have any difficulties during the call, press *0 for assistance.

Viewing Quality

To maximize your screen, press the F11 key on your keyboard. To exit full screen,

press the F11 key again.

Page 3: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

For CLE purposes, please let us know how many people are listening at your

location by completing each of the following steps:

• In the chat box, type (1) your company name and (2) the number of

attendees at your location

• Click the SEND button beside the box

FOR LIVE EVENT ONLY

Page 4: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

If you have not printed the conference materials for this program, please

complete the following steps:

• Click on the + sign next to “Conference Materials” in the middle of the left-

hand column on your screen.

• Click on the tab labeled “Handouts” that appears, and there you will see a

PDF of the slides for today's program.

• Double click on the PDF and a separate page will open.

• Print the slides by clicking on the printer icon.

Page 5: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Electronic Waste Compliance and

Enforcement: Emerging Trends

Peggy Otum, Esq.

Wednesday, June 12, 2013

Tricia Foley, Esq.

Wednesday, June 12, 2013

5

Page 6: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Agenda

Current Status of State and Local E-Waste Laws

Enforcement Cases

Litigation

International Trends

What to Expect Next

– Bills in Congress

– Greater EPA and State Enforcement

Best Practices

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Page 7: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Current Status of State and Local e-Waste Laws

25 States Passed e-Waste Recycling Legislation

23 States Passed Producer Responsibility Laws

California Passed a Consumer Fee Based Law

Utah Passed a Manufacturer Education Law

18 States Have Some Type of Disposal Ban Law – Certain types of e-waste are banned from disposal

into landfills and/or incinerators

Some state e-waste laws specifically include export prohibitions

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Page 8: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Current Status of State and Local e-Waste Laws

Producer Responsibility Laws

– Producers and/or manufacturers pay for collection,

transportation, and recycling of e-waste

– Municipalities may pay for some of e-waste recycling

related costs

– In some states (e.g., South Carolina, Virginia),

producers are required to have a takeback program

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Page 9: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Current Status of State and Local e-Waste Laws

Consumer Fee Based Laws (California only)

– Consumers pay a fee at time of purchase

– Consumer fee is paid to state, which is then

reimbursed to recyclers and collectors

– In 2011, $77 million in payments and 197 million

pounds of e-waste were claimed

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Page 10: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Current Status of State and Local e-Waste Laws

Manufacturer Education Law (Utah only)

– Manufacturers are required to establish and

implement public education programs to inform

consumers of available recycling services for

electronic devices

– Program must include outreach materials and other

methods developed by manufacturers to inform

consumers about eligible programs for collection and

recycling of e-waste

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Page 11: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Current Status of State and Local e-Waste Laws

Export Restrictions

– Some states specifically address export to other

states and/or countries

– General laws require that e-waste shall not be

exported for disposal in a manner that poses a

significant risk to the public health or to the

environment (Connecticut, New Jersey, Pennsylvania)

– More sophisticated laws require export notices to the

state, demonstration of compliance with applicable

law in receiving country (California, Illinois)

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Page 12: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases

Target Corporation

Executive Recycling, Inc.

Discount Computers, Inc.

Electronics Recycling Canada

Pirkle, Inc.

Compupoint USA, Inc.

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Page 13: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases - Target Corporation

2009 lawsuit brought by 19 California district

attorneys, the state attorney general, and city

attorneys in San Diego and Los Angeles

Since 2001, Target received more than 300

Notices of Violation for breaking California’s

hazardous waste laws

In 2006, an investigation was launched

– Target was found to have improperly disposed of

thousands of pounds of hazardous wastes

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Page 14: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases - Target Corporation

Complaint allegations: – More than 240 Target stores in California were unlawfully

disposing of toxic wastes, including electronic devices

– Target unlawfully disposed of hazardous waste to avoid the costs of proper disposal

– E-waste was placed in a compactor, which was then taken by a hauler not authorized to transport such materials to a destination not authorized to accept it

Settled for $22.5 million

Target also required to hire outside firm to audit its waste-handling practices

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Enforcement Cases – Executive Recycling, Inc.

First ever guilty verdict (December 2012)

Company headquartered in Colorado

Charges filed against company and its executives

– Multiple counts of wire and mail fraud

– Failure to file a Notice of Intent to Export with the U.S.

Environmental Protection Agency (EPA) in violation of the

Resource Conservation and Recovery Act (RCRA)

– Smuggling of goods from the United States

– Destruction of records

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Page 16: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases – Executive Recycling, Inc.

Indictment allegations:

– Executive Recycling, Inc. exported over 300

shipments of e-waste overseas, including more than

100,000 cathode ray tubes (CRTs), which are known

to contain lead

Company and its executives found guilty for

illegally exporting e-waste overseas

Sentencing was set for April 2013

Motion for new trial denied in May 2013

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Page 17: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases – Discount Computers, Inc.

Headquartered in Michigan with warehouses in Missouri and New Jersey

Investigated by the U.S. EPA’s Criminal Division and the U.S. Department of Homeland Security-Homeland Security Investigations, Detroit

Allegations: – Owner and company created counterfeit labels to conceal

age of electronic devices more than 5 years after date of manufacture

– Owner and company exported more than 300 shipments, constituting more than 100,000 CRTs and valued at $2.1 million, to Egypt, where it is illegal to import devices more than 5 years past date of manufacture

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Page 18: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases – Discount Computers, Inc.

Owner pleaded guilty for himself and on behalf

of company

– Trafficking in counterfeit goods and services

– Violations of RCRA by failing to obtain a permit to

store or dispose of hazardous substances

Sentenced in March 2013

– Owner sentenced to 30 months in jail and a $10,000

fine for restitution

– Company fined $2 million

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Page 19: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases – Electronics Recycling Canada

Based in Surrey, British Columbia, with branch

offices in Arizona, Colorado, Nevada, and

Oregon

In March 2013, Canada’s Environmental

Protection Agency charged company and its

president

– 24 counts of illegally exporting recycled batteries and

CRTs to China

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Page 20: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases – Pirkle, Inc.

Scrap metal recycling facility in Georgia

Entered Consent Agreement with U.S. EPA in

September 2012

Pirkle allegedly violated RCRA and failed to

properly identify solid wastes generated at the

facility, including e-waste

Pirkle agreed to pay penalty of $49,410

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Page 21: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Enforcement Cases – Compupoint USA, Inc.

E-waste recycling facility located in Norcross, Georgia

U.S. EPA’s allegations – Failure to make a hazardous waste determination on solid

waste, including e-waste

– Failure to properly train employees on proper waste handling and emergency procedures

– Failure to notify U.S. EPA of its intent to export used CRTs internationally

Compupoint USA agreed to pay a civil penalty of $36,000

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Litigation

Intercon Solution, Inc. v. Basel Action Network

and James Puckett, Case No. 12CH23755,

Circuit Court of Cook County, Illinois

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Page 23: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Litigation - Intercon Solution, Inc. v. Basel Action

Network and James Puckett

In June 2012, Intercon filed a lawsuit against Basel Action Network (BAN) for defamation and placing the company in a false light

Intercon sought an injunction against BAN for making any further allegedly false statements

Intercon had hired BAN to audit its business in order to obtain e-Steward certification

Complaint alleges that BAN conducted an unlawful surveillance of Intercon’s premises and falsely accused it of owning and illegally shipping hazardous e-waste to Hong Kong and other parts of China

In August 2012, BAN filed a counterclaim against Intercon requesting declaratory relief and a jury trial

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Page 24: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

International Trends

Nations receiving transboundary e-waste are exponentially increasing what they discard domestically

New e-waste legislation, certification programs, and pilot programs are progressing as awareness of environmental, health and safety risks increases

Primary mechanism in developing countries is extended producer responsibility (EPR)

Informal collection and recycling industries continue

Difficult to track products through lifecycle, estimate e-waste volumes, and regulate informal markets

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Page 25: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

International Trends – China

Domestic e-waste from mobile phones,

computers, and air conditioners rising fastest

Importing e-waste formally banned in 2000, but

market for second hand and raw materials

remains

Large portion of US and EU e-waste goes to

China through mixed shipments with bulk metal

scraps, and through Hong Kong and Vietnam

25

Page 26: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

International Trends – China (cont.)

2006 - Policy promoting eco-design and environmentally sound re-use

2007 - Requirements for eco-design, restricts hazardous substances, promotes product info disclosure

2008 - Call for pollution prevention and reuse/disposal processes

2011 - Mandates recycling, increases producer responsibility, establishes fund to subsidize recycling (producers pay tax on televisions, refrigerators, washing machines, air conditioners, & computers) – No specific collection/recycling targets; effectiveness not well

quantified

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Page 27: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

International Trends - Ethiopia

Domestic e-waste increasing, but primarily in

urban centers; most waste is still stored, not

disposed

Demanufacturing Facility initiative to dismantle

electronics and find downstream markets

National e-waste strategy may include extended

producer responsibility (EPR) where

producer/importer pay fee for volume of

electronics offered on Ethiopian market

27

Page 28: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

International Trends - India

2011 E-waste Management and Handling Act

– Extended Producer Responsibility (EPR)

• Producer is responsible for product once consumer discards

• Producer expected to finance and organize system to cover

cost of compliance; may include take-back systems or

creation/use of authorized collection centers

– Collection Centers

• Need authorization from regulator

• Responsible for sending to registered dismantlers/recyclers

• Must maintain records

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What to Expect Next

Bills in Congress

Greater EPA and State Enforcement

Evolution of “Green” Electronics Certifications

Evolution of “Green” Recycling Certifications

Increased Federal Government Focus on

Procurement & Recycling

Lifecycle Tracking and Transparency

Basel Convention & Basel Ban Amendment

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Page 30: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

What to Expect Next - Bills in Congress

Currently, there is no federal mandate governing e-waste recycling

Currently, there are no bills in Congress governing e-waste recycling

Most recently, bills were presented in the 112th Congress

H.R. 2284: Responsible Electronics Recycling Act – Introduced by Representative Raymond Green in June 2011

S. 1270: Responsible Electronics Recycling Act – Introduced by Senator Sheldon Whitehouse in June 2011

Both Bills would prohibit the export of restricted e-waste from the United States

Restricted e-waste would include computers, televisions, printers, copiers, video games systems, telephones, and other consumer products containing CRTs, batteries, switches and other parts containing hazardous waste (e.g., lead, mercury, and hexavalent chromium)

Both bills were referred to, but since died in, Committee; they are expected to be reintroduced in the 113th Congress

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Page 31: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

What to Expect Next - Bills in Congress

H.R. 2396: Electronic Device Recycling

Research and Development Act

– Introduced by Representative John Sarbanes in June

2011

Bill would authorize the EPA Administrator to

award grants for electronic device recycling

research, development, and demonstration

projects

Bill was referred to, but since died in, Committee

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Page 32: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

What to Expect Next – Greater EPA and State

Enforcement

U.S. EPA’s Criminal Division is becoming active in e-waste recycling violations, along with other federal and state agencies

“Today’s sentence, the first in an e-waste case, should serve as a warning that if you are caught illegally exporting hazardous e-waste for profit, there will be serious consequences.” – Cynthia Giles, Assistant Administrator for EPA’s Office of

Enforcement and Compliance Assurance

“Homeland Security Investigations stands with our law enforcement partners ready to prevent any company from ignoring U.S. controls to export hazardous e-waste.” – William Hayes, Special Agent in Charge of HIS Detroit

32

Page 33: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

What to Expect Next – Certification Evolution

Certifications for “Green” Electronics

– Energy Star Program

• Shift to third-party certification in EPA-recognized labs

– Federal Energy Management Program (FEMP)

• Top 25%, bi-annual review for efficiency updates

– Electronic Product Environmental Assessment Tool

(EPEAT)

• Addition of printers, copiers, scanners

• Additional capacity for product registration entities to register

products for manufacturers

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Page 34: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

What to Expect Next – Certification Evolution Certifications for “Green” E-cyclers

– R2 • Operations review

• Audit preparation and facility audit

• Corrective action review

– E-Stewards Certification • ISO 14001 (standard for environmental management systems)

• Audit (contracted on 3-year cycle)

• Marketing and licensing fee

• Certain export for reuse allowed

Look for expansion to larger operations in developing countries

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Page 35: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

What to Expect Next – Increasing Federal

Government Focus on Procurement & Recycling Numerous Existing Obligations

– EOs 13221, 13423, 13514

– Federal Electronics Challenge

– Federal Electronics Stewardship Policy

– Federal Acquisition Regulations

– Federal Management Regulation

Remains difficult to track and quantify impact of

procurement and/or recycling/disposal policies

Expect increased lifecycle tracking requirements

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Page 36: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

What to Expect Next – Lifecycle Tracking

Common thread of e-waste reports and analysis is

the lack of reliable lifecycle tracking and

quantification of e-cycling/e-waste

Obstacles include global supply chain, short life-

cycle, and global recycling/waste chain

Expect various regulatory schemes for lifecycle

reporting, including

– Revisions to Schedule B numbers for export classification

– Industry-driven tracking for purposes of associated

accounts/service obligations

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Page 37: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

What to Expect Next – Basel Convention

Basel Convention took effect in 1992 and is designed to prevent transfer of hazardous waste, including e-waste, from more developed to less developed nations

U.S. signed, but did not ratify, so there is no implementing legislation in the U.S.

Often circumvented under the guise of recycling

Basel Ban Amendment opened in 1995 and goes further, preventing export for any reason, but needs more signatories to take effect (has 70+ now)

More enforcement and media coverage could lead to further movement

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Page 38: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Best Practices

Familiarize yourself with your pertinent state’s e-waste recycling laws

Review U.S. EPA’s web site on Certification Programs for Electronics Recyclers, http://www.epa.gov/wastes/conserve/materials/ecycling/certification.htm

Investigate whether EPA or any other federal, state, or local agency has sanctioned an e-waste recycler for illegal exportation prior to engaging that recycler

Add provisions to service contracts with e-waste recyclers prohibiting the exportation of e-waste and indemnifying the customer from liability in the event that e-waste is nevertheless exported

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Page 39: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Best Practices - continued

Include an assessment of e-waste recycling procedures as part of environmental, health, and safety audits, with an emphasis on verifying that documentation from recycling companies reflects domestic recycling

Provide customers and retailers that purchase electronic devices manufactured, assembled, or sold by your company with a list of recycling companies that are willing to certify that they will not export e-waste

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Page 40: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

Best Practices (cont.)

If you do export……

– Send used electronics to certified recyclers

– Confirm receiving facilities are licensed

– Require verifiable EHS system

– Limit exports to lower risk items (e.g.

functional)

– Maximize transparency

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[email protected]

New York

7 Times Square

New York, NY 10036

T: (212) 297 2416

F: (212) 916 2940

Boston

One International Place

Boston, MA 02110

T: (617) 345 4613

PROFESSIONAL EXPERIENCE

Tricia Foley practices in the area of the business and regulatory aspects of environmental law,

where she has experience in green and sustainable business practices and carbon reduction

programs. Tricia has extensive experience representing PRPs and PRP groups at large

multiparty Superfund sites. She serves on the environmental committee of the New York City

Bar Association. Tricia has been an adjunct professor of environmental law at the University of

Hartford and is a frequent author and speaker on environmental topics.

AWARDS & ACHIEVEMENTS

Recognized as a Connecticut Super Lawyer, 2007-2012

• Negotiated favorable settlements at over 25 complex, multiparty CERCLA sites

• Mitigated environmental penalties in seven-figure state and federal enforcement actions

• Advised clients on the complexities of complying with all state and federal environmental

laws, including the Toxic Substances Control Act and the Federal Insecticide, Fungicide, and

Rodenticide Act

• Conducted environmental due diligence on hundreds of sites and facilities throughout the

country

• Oversaw multimillion-dollar remediation projects

• Orchestrated the financing and remediation of brownfields development projects of national

prominence

• Facilitated the transfer and financing of environmentally impaired sites domestically and

abroad

Tricia H. Foley PARTNER

PRACTICE AREAS Commercial Real Estate and Development

Transactions

Energy Regulation and Compliance

Environmental and Land Use Regulation

Mergers, Acquisitions and Joint Ventures

Real Estate Redevelopment

Renewable Energy

Water Companies

Page 42: Electronic Waste Compliance and Enforcement: Emerging Trendsmedia.straffordpub.com/products/electronics-waste... · 12-06-2013  · E-waste recycling facility located in Norcross,

[email protected]

Washington, D.C.

555 Twelfth Street, NW

Washington, DC 20004-1206

T: 202.942.5965

F: 202.942.5999

PROFESSIONAL EXPERIENCE

Peggy Otum is a partner in Arnold & Porter’s Environmental group. Her practice focuses on

complex environmental litigation and regulatory compliance counseling, with particular focus on

the Resource Conservation and Recovery Act; the Clean Air Act; and the Comprehensive

Environmental Response, Compensation, and Liability Act. Ms. Otum has advised clients in

investigations, litigation, and other enforcement actions brought by the US Department of

Justice and the US Environmental Protection Agency. Her experience also encompasses

advising clients on environmental auditing and environmental aspects of corporate transactions,

including identifying and evaluating potential environmental liabilities associated with

manufacturing facilities, negotiating, and drafting environmental provisions in corporate

agreements, and advising clients on environmental insurance. Ms. Otum maintains an active

pro bono practice, ranging from advocating in individual family law matters, supporting a

neighborhood environmental conservation group, and representing an employee seeking

disability benefits.Ms. Otum earned her law degree from Howard University School of Law,

where she served as the managing editor of the Howard Law Journal.

AWARDS & ACHIEVEMENTS

Washington, DC Super Lawyers 2012 “Rising Star” 2012-2013 for Environmental

ENVIRONMENTAL REPRESENTATIVE MATTERS

• Ongoing representation of leading fertilizer manufacturer in Clean Air Act enforcement

investigation and in defense of an enforcement initiative by the US Environmental Protection

Agency (EPA) and the US Department of Justice seeking enforcement of RCRA hazardous

waste requirements at mineral processing facilities subject to the Bevill Amendment.

• Provide day-to-day regulatory and transactional assistance to FORTUNE 100 company

across an array of environmental statutes and regulations applicable to its automation and

control solutions business.

• Counsel electronics retailer on applicability of various state electronic waste (e-waste)

statutes.

Peggy Otum PARTNER