What is Your Liability?

The risks of not recycling aren’t just environmental – they’re financial. Fluorescent and other mercury-containing lamps and waste are regulated by the EPA. If you are not managing and disposing of them in accordance with hazardous waste regulations, you and your business could be subject to serious fines and superfund liability. The Federal Superfund law imposes liability upon certain parties who have engaged in disposal activities related to so-called "hazardous substances."

Using a specific type of fluorescent lamp, i.e. a “low mercury” or “environmentally friendly,” does not satisfy the requirements. Most importantly, these lamps do not eliminate your liability. They still contain mercury and according to the Comprehensive Environmental Response, Compensation, and Liability Act (cercla), you can still be subject to superfund demands.

Used mercury-containing lamps and other items are regulated by the Environmental Protection Agency (EPA) under the Universal Waste Rule, (UWR) and in some states regulations are more stringent than the UWR.

The universal waste rule is designed to reduce the amount of hazardous waste items in the municipal solid waste stream, encourage the recycling and proper disposal of some common hazardous wastes, and reduce the regulatory burden on businesses that generate these wastes. Although handlers of universal waste must meet less stringent standards for storing, transporting, and collecting waste, the waste must comply with full hazardous waste requirements for final recycling, treatment, or disposal.

Crushed lamps and containers with excessive lamp breakage must be managed under full RCRA requirements. Only intact lamps can be managed under universal waste rule.States can have more stringent regulations than the universal waste rule. Many states have banned all mercury-containing lamps from landfills and have added other items such as electronic scrap and batteries to the regulations. If you have additional questions concerning the regulations in your state, call your local environmental agency.