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[GreenYes] Re: Fwd: [CRRA] Diversion of Recyclable/Reusable Rich Loads From Disposal

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

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,


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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.


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 .


John Theroux
Recycling Specialist II
Environmental Services Department
City of San Diego

Gary Liss
Fax: 916-652-0485 <>

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