Companies can be held liable if they shipped materials to a facility contaminated by hazardous waste, says ISRI

Federal law, known as Superfund, can hold companies, including scrap processors and brokers, who have shipped materials to consumers’ facilities liable for cleanup costs where the initial polluter is bankrupt or otherwise unable to pay for cleanup costs, states the Institute of Scrap Recycling Industries (ISRI).

hazorudsFortunately, the organisation says, under the Superfund Recycling Equity Act (SREA), by showing “reasonable care,” recyclers can employ a valid defense to a claim for Superfund liability. To qualify under SREA, processors and brokers must conduct due diligence before recyclable materials are shipped to consuming operations, which involves, among other things, making sure all of the consumers’ facilities are in environmental compliance, according to ISRI.

Members of ISRI have the benefit of participating in the SREA Reasonable Care Compliance Programme to assist them with the defense of a Superfund liability claim. ISRI says it’s SREA programme offers its members the opportunity to order reports, at a deep discount, on consuming facilities which includes: Publicly available, comprehensive environmental compliance information compiled from more than 1,200 federal, state, and local databases; FOIA requests; Facility questionnaires; and Supporting back-up data. ISRI says these reports can be ordered through May 31 at a subsidized price for its members.