Electroplater Who Claims He Has No Hazardous Waste, Case Study Example

Abstract

The case study of the electroplater that claims that there is no production of hazardous waste in the operatizing facility was reviewed. The information pertaining to the case was evaluated.  An additional collection of incidents regarding hazardous waste was explored. The perspectives of (Griffin, 2012) and Kyle (2012) were accessed.

Speculative Accumulation

Speculative accumulation is referent to the erroneous claims that are produced by certain generators of toxic waste. These erroneous claims and excuses are developed by the toxic waste producers in order to evade the challenges and expenses incurred in complying with the RCRA. In order for the toxic waste producer to disprove that toxic waste are not being produced and that the materials which are being reviewed are recyclable, the toxic waste producer must be able to establish the following requisites:

1. The substances have the potential of being recycled.
2. During the progression of a year, a specific weight of the substance had been recycled or transferred to a recycling facility (Griffin, 2012).

Case Study Analysis

In the case study, the electroplater accumulated more than several hundred barrels of the substances that were applied in the electroplating process. The materials had been stored in a precarious manner within a structure which was six stories tall and in a dilapidated condition. The study revealed that all of the barrels had been stored to the point where the materials which were contained became inert for use in the electroplating process. The administrator of the building was accumulating these barrels of substances in order to avoid the challenge and expense associated with their proper disposal.

Furthermore, the electroplating facility continued its electroplating operations. There were a number of safety and health violations which were discovered in the facility. These violations included the production of a green cloud of chemicals that permeated the facility.  In addition, a large vat which had been separating the acid from the cyanide mixture was found on the premises.

The only separation between the two materials that were contained in the processing vat was a steel plate. In the event that the steel plate yielded from exposure to the corrosive substances, a fatal gas which included cyanide would have been produced in the facility.     Consequently, the facility was closured as an outcome of the potential safety risks associated with the improper processing of acid and cyanide substrate. After the closure of the facility, the Environmental Protection Agency invested more than $2 million with regards to the removal of the toxic substances. In addition, the facility required demolition due to its dilapidated condition.

40 CFR 261.2

There are a number of provisions which apply to the accumulation of toxic wastes. These provisions were enacted by the environmental protection agency in order to diminish the potential hazards that are created by organizations which process accumulated secondary materials prior to transferring the materials to a recycling facility.  The legislation created by the Environmental Protection Agency is designed as a safety net. The materials which do not have the potential of harming the members of the general public and the environment may be stored. The burden of proof falls upon the toxic waste generator in order to provide evidence that the regulations of the RCPA are being observed (Griffin, 2012).

Case of the Electronics Recyclers

Recycling day falls on November 18^th in the United States.   There are many organizations which are involved in the recycling of the CRT glass.  These processors have been applying speculative accumulation to justify storing the CRT glass on their premises. The glasses from which the CRTs are composed have the potential of emitting toxic substances into the surrounding environments. The CRT recycling facilities in the southwestern United States have been acknowledged to have been speculatively accumulating more than five hundred million pounds of CRT glass (Kyle, 2012).

In the State of California, the amount of CRT glass has been assessed to total more than two hundred million pounds. The CRT glass is toxic ass an attribute of the lead content and the toxic phosphor which is applied on the inside of the tubes. There are almost no organizations which are applying the used of cathode ray tubes, the majority presently apply the flat LCD screens. The surplus of CRT glass is attributed to the digital conversion laws which took place in 2009. In addition, the recyclers had been able to sell the CRT glass for $200 per ton during the previous decade (Kyle, 2012).

As a result of the new legislation, the recyclers must now incur an expense of more than $200 per ton. The differential between the profits that had been realized during the past decade and the expenses that are being incurred by the storage of CRT glass has caused many of the recyclers to inadvertently speculatively accumulate the CRT glass on their premises.  Presently, there is no market for the LCD glass that is presently being applied on the conventional monitors. These fluorescent monitors are partially composed of mercury, which is highly toxic.  A number of recyclers have simply been sending the used LCD glass and screens to the public landfills (Kyle, 2012).

 Conclusion

Speculative accumulation is a practice that can be incurred by any processor of secondary materials that are transferred to a recycling area. The burden of proof in order to disprove speculative accumulation falls upon the administrators of the facilities.  In order to avoid the accusations, the administrators must be able to prove that the substances have the possibility of being recycled.  In addition, in order to avoid sanctions, the administrators have the requirement of establishing that a certain amount of the substances that are found in their facility has been transferred to a recycling facility during the past twelve months.  This manner, a number of the administrators may avoid the practice of speculative accumulating.

References

Griffin, J. (27 November 2012). How to avoid speculative accumulation. Lion Technology Inc.   

Kyle, B. (15 November 2012). Recyclers stockpiling millions of pounds of toxic glass from CRT TVs and monitors. Electronics TakeBack Coalition.