What U.S. Government Legislation Has to Say About RecyclingInformation is one of the hottest commodities in the world today prompting a growing concern for data security and information privacy. In response a number of laws have been passed in recent years; HIPPAA, GLB, and FIPPA. The Department of Defense outlined procedures for secure destruction of hard drives. Certain states are also increasing the stakes.
Today, old equipment is a major problem; companies don’t want the expense and inconvenience of storing it but probably don’t have the resources to dispose of the equipment in an environmentally sound way … or to address possible liability down the road. Outsourcing end stage asset management to AOK Computer Recycling can serve as a solution.
Here are a few of the privacy and environmental laws affecting US businesses:
California Computer & TV Recycling Senate Bill 20- 2004, Requires companies to charge an upfront fee for recycling. This legislation is being challenged on the grounds that it does not advance the concept of producers’ responsibility. However, it may serve as a precedent for further US State and Federal legislation. ~ ISIS Asset Management, “The ICT sector: The Management of Social and Environmental Issues in Supply and Disposal Chains”, January, 2004.
Electronic Waste Recycling Act – 2003 – California enacted a landmark legislation act to establish a funding system for the collection and recycling of certain electronic wastes. The act requires reduction in hazardous substances used in certain electronic products sold in California, collection of an electronic waste recycling fee at the point of sale of certain products, distribution of recovery and recycling payments to qualified entities covering the cost of electronic waste collection and recycling, and set forth a directive recommending environmentally preferred purchasing criteria for state agency purchases of certain electronic equipment.
>
California Senate Bill 1386- 2002 – Requires any company that stores information about California residents to publicly divulge any breach of security affecting that data within 48 hours.
Texas Hazardous Waste Regulations – 2000 – States Industrial Solid Waste and Municipal Hazardous Waste under state and federal regulations, television picture tubes and computer monitors (cathode ray tubes, or CRT’s) can be managed as Universal Wastes. Universal Wastes are still hazardous, and must be recycled or disposed at authorized hazardous waste facilities, but they are not subject to license and manifest requirements for transport. Batteries may also be managed as Universal Wastes. Printed circuit boards that are shredded and recycled are exempt from regulation as solid waste. Read more at Title 30 of the Texas Administrative Code (30 TAC) Chapter 335.
Gramm-Leach-Bliley Act (GLB)- 1999, Title V – in regards to privacy; requires disclosure of by all financial institutions of their policy regarding the sharing of non-public personal information; a notice to consumers and opportunity to “opt-out” of sharing information; rules for disclosure of institutions’ privacy policies must be issued by regulators within 6 months of the date of enactments; clarifies that nothing in this title modifies, limits or supersedes the operation of the Fair Credit Reporting Act. GLB Act passes Senate and House November, 1999.
Health Insurance Portability and Accountability Act (HIPAA) 1996 – Provides information protection for working Americans who have preexisting medical conditions or who might suffer discrimination in health coverage based on a factor that relates to an individuals health; amends other Acts and Codes; signed into law 1996.
Federal Hazardous and Solid Waste Amendment (HSWA) – 1984 amendment to Resource Conservation and Recovery Act Sec. 3010 or Subtitle C – Requires phasing out land disposal of hazardous waste; increased enforcement authority for EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.
Resource Conservation and Recovery Act Sec. 3010 or Subtitle C- 1976 – gave the EPA authority to control hazardous waste from “cradle-to-grave”; includes generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also sets forth a framework for the management of non-hazardous wastes.
What About Global Legislation of Recycling of E-waste?
Canada – Will have a comprehensive electronic waste recovery system in place nation wide by 2006.
Energy Using Products (EUP)- European directive, target implementation date July 1, 2006; defines and proposes policy for Eco-Design, imposes recycled materials content on already marketed products, addresses free movement of products so as to not reduce competitiveness of businesses. The directive also takes into account potential negative results of environmental measures; weighing overall environmental impact of eliminating mercury from lamps versus substitute material energy consumption.
Directive on Waste Electrical and Electronic Equipment (WEEE)- 2002 – European directive adopted in 2002; sets minimum levels for recycling that must be met but may be exceeded, imposes financial responsibility for recycling and final disposal of electronic goods on producers, directive applicable to imported goods. The directive also requires he substitution of various heavy metals; lead, mercury, cadmium and hexavalent chromium, and brominated flame retardants; polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE) in new electrical and electronic equipment entering the market after July 1, 2006.
Restrictions of the use of certain Hazardous Substances (RoHS)- 2002 – European directive adopted in 2002; explicit directive outlines which substances should be restricted and the precise levels that may be tolerated, lead free initiative, addresses importers and exporters of electronic equipment as 1st or secondary marketers; directive applicable to occupational sites. This directive also standardizes electronic waste disposal across EU member states.
(Manitoba) Freedom of Information and Protection of Privacy Act (FIPAA)- 2000 – Provides Manitobians and others with a right of access to records of public bodies, subject to certain specified exceptions, and with protection for personal information held by public bodies. Also provides for independent review by the Manitoba Ombudsman of the decisions and actions of public bodies relating to access to records and personal information protection. Enforced at Manitoba government departments May, 2001. Enforced at local governments, school divisions, community colleges, universities, regional health authorities and hospitals, April 2000.
Basel Convention – 1989, an international convention adopted to ban export of hazardous waste to non-OECD countries from EU countries. AOK chooses to comply with the Basel Convention; developing nations are often not equipped to handle toxic waste produced from extracting metals in e-waste leaving communities damaged by water and soil contamination.
Directive 2002/95/EC- 2002 – European directive approximates the laws of EU Member States on the restrictions of the use of hazardous substances in electrical and electronic equipment, contributing to the protection of human health and environmentally sound recovery and disposal of e-waste.