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When you accept a load of material for disposal, at a landfill, transfer station, incinerator, etc. the generator has the expectation that the material will be disposed, to do otherwise may result in an angry customer, at a minimum. If you have a practice of accepting loads for the purpose of destruction or removal from the market place and you have a specific designation, say "destroy load", agreement, form, or other record of the generator's wishes, recycling the material can result in litigation. If you are not the hauler of the waste materials your risks of dissatisfied customers or litigation do not diminish, your customer, the hauler, will transfer the ill will generated by your actions to his relationship with you or, in the event of litigation, turn to you for relief from the legal action brought against him by his customer. In either case, we recommend the following: 1. develop a policy and written procedure with customer notices that materials brought to the landfill, transfer station, etc., may be segregated on the basis of their ability to be recycled and returned to the marketplace, i.e. recycled, unless the generator has provided specific written instructions to the contrary; 2. establish a policy and written procedure for managing loads that the generator wishes to have destroyed or permanently removed from the marketplace; 3. with or without a policy such as #1 above, contact your generators that produce high volumes of recyclable materials and discuss the recycling of these materials with them. If you have a policy, you can use the excuse of introducing your new policy to establish a meeting with the generators. Hope this helps, JW. The information contained in this electronic transmission is intended for the recipient whose Name and/or Company details are shown after the word "To" at the beginning of this transmission. The content is confidential, and may be legally privileged. It is incumbent upon the rightful recipient to ensure that this electronic transmission is not illegally copied or forwarded to others. If you have received this electronic transmission in error, then please advise us immediately, and delete it from your system. J W Spear, Sr., P.E. J Spear Associates 325 West Vine Street Milwaukee, WI 53212-3605 Telephone (414) 263-5715 Facsimile (414) 435-3110 Mobile (414) 687-0518 Email jw@no.address http://www.jspear.com <http://www.jspear.com/> Your greatest danger is letting the urgent things crowd out the important. "Tyranny of the Urgent", Charles E. Hummel What we do today touches seven generations. ================== EOM ============ _____ From: GreenYes@no.address [mailto:GreenYes@no.address] On Behalf Of Gary Liss Sent: Tuesday, December 06, 2005 7:07 PM To: GreenYes@no.address Subject: [GreenYes] Fwd: [CRRA] Diversion of Recyclable/Reusable Rich Loads From Disposal If you have any experience with this issue, please email John Theroux directly at <jtheroux@no.address> and cc: GreenYes. Thanks! Gary Liss To: crra_members@no.address From: "John Theroux" <jtheroux@no.address> Date: Tue, 06 Dec 2005 16:48:53 -0800 Subject: [CRRA] Diversion of Recyclable/Reusable Rich Loads From Disposal A number of discussions have arisen here in San Diego lately regarding the legal and moral implications of diverting loads containing mostly recyclable or reusable materials from such places as home improvement stores, department stores, manufacturing, etc. These loads have entered the landfill for disposal with the intention of insuring that the material is NOT recycled or reused. Reasons for disposal may include out of date material, desire not to refund money for inferior material, safety issues, etc. Has anyone had to deal with any situation such as this and been able to find substantial reason for diverting the load and still be able to meet the intentions of the generator? Please respond directly to jtheroux@no.address . Thanks, John Theroux Recycling Specialist II Environmental Services Department City of San Diego Gary Liss 916-652-7850 Fax: 916-652-0485 www.garyliss.com <http://www.garyliss.com/> |
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