The Superfund Recycling and Equity Act (SREA) of 1999 clarifies that recycling is not “disposal” under Superfund, and shipping of recyclable material (RM) is not “arranging for disposal.” SREA provides an opportunity for a protective shield/valid defense to a Superfund claim and applies to federal Superfund Liability and state laws that adopt the same or similar requirements.
However, recyclers must prepare ahead of time to claim the exemption because SREA places the burden of proof on the recycler to establish eligibility. The three (3) basic conditions/questions to ask yourself when doing a SREA Evaluation:
- Are you shipping RM?
- Are you “arranging for recycling” as defined?
- Have you done your due diligence on the receiving consuming facility?
To benefit from the Federal and state protections, you must take "reasonable care" to make sure facilities you ship to are in compliance with environmental laws. And reasonable care requires the recycler (or broker) to determine that the consuming facility where RM was shipped was in compliance with applicable environmental laws or regulations at such time.
Your ISRI membership entitles you to drastically discounted due diligence compliance reports on consuming facilities, but these reports must be ordered by May 15! You can learn more and order
online, or contact Elnaz Torabian