Major retail, pharmacy and grocery companies have found out the hard way that disposal of damaged or returned products can be more complicated – and maybe more costly – than one would expect.
Over the past ten years California authorities, including the Attorney General and district attorneys from around the State, accused a string of retailers of allegedly violating hazardous waste disposal laws hundreds of times by dumping products that were returned or damaged during shipping or stocking on shelves. The cases also feature one of the California Department of Toxic Substances Control (DTSC’s) favored investigative tactics, securing and analyzing the contents of trash dumpsters from companies under investigation.
California authorities allege that the products were discarded with other trash and garbage or otherwise disposed of improperly.
California authorities allege that the damaged, expired, spilled or returned products, including over-the-counter medication, aerosol products, batteries, home maintenance products, fluorescent tubes, paints, pesticides, bleach, cosmetic and personal care products and other products, should have been managed as hazardous wastes and sent to specially permitted facilities.
Waste handling and proper disposal of waste is subject to strict regulation. Although individual homeowners may legally be able to dispose of household chemicals purchased at retail outlets with their trash, different rules apply to businesses who are disposing of the same materials. In many states including California disposal of these materials as solid waste is prohibited.
Businesses need to pay attention to and follow federal, state and local requirements relating to hazardous waste handling and disposal. Disposal rules vary from state to state and even within some states. Wastes that are sent to the wrong disposal facility can be deemed to be improperly disposed. Illegal disposal may cause problems. If disposal facilities that receive wastes are not equipped or permitted to handle those wastes, waste components, residue or breakdown products can be released to the air, land, soil vapor or water and may result in contamination of the environment.
Governmental authorities may seek administrative or civil penalties, order corrective actions and, in serious cases, even seek criminal sanctions – fines and jail time – for unpermitted disposal.
California has sought thousands in penalties from multiple national and regional retailers. Penalties in these cases over the past ten years exceed $200 million.
At Hessian & McKasy, our Environmental Law Practice Group advises clients as to regulatory requirements that may apply to their operations. Our environmental attorneys including Practice Chair Joseph Maternowski have developed environmental management and audit programs to help clients maintain compliance.
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For additional information please contact:
Joseph G. Maternowski
Hessian & McKasy, PA
Work: 612-746-5754
Jmaternowski@hessianmckasy.com
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