BAN Denies Defamation Allegations -- Launches Countersuit Against Intercon Solutions→

The Basel Action Network (BAN), represented by its legal team consisting of the firms, John Phillips Law Group, PLLC (Seattle) and Winston and Strawn (Chicago) have responded to Chicago Heights company Intercon Solutions' recent lawsuit that alleged “defamation” and “false light” against BAN and its Executive Director, Jim Puckett. BAN denied the allegations and filed a counterclaim against Intercon Solutions asking for “declaratory relief” to restore BAN's full credibility and to recognize that BAN has told the truth in the matter regarding the export of electronic waste to China by Intercon Solutions. Two weeks ago, BAN removed the case from Illinois State Court to Federal Court in Chicago. “BAN intends to vigorously defend itself and its most valuable asset – its credibility,” said BAN's legal counsel John Phillips. “BAN is not going to be intimidated by this lawsuit or prevented from pursuing the public interest through objective investigation and reporting of the exportation of hazardous waste to the developing world. We will not rest until the truth in this case is known to all concerned.”

The Intercon lawsuit followed by almost one year, BAN's refusal to grant a license to Intercon Solutions to be certified under its e-Stewards Certification program for responsible electronics recyclers ( www.e-stewards.org). BAN refused Intercon the license because it obtained clear documentation that containers on Intercon's premises were shipped to China and Hong Kong -- a clear violation of the e-Stewards Standard. In accordance with the e-Stewards program's policy, Intercon was investigated and subsequently suspended from the possibility of becoming certified for at least 2 years. In this case, BAN photographed intermodal containers leaving the highly-secured property of Intercon Solutions and tracked them to China. One of the containers was opened by Hong Kong authorities at the bequest of BAN. The Hong Kong authorities then notified BAN and US EPA that the container in question did indeed contain hazardous electronic waste and was illegal to import into Hong Kong. BAN subsequently made public what it had discovered and the reasons for suspending Intercon Solutions.

In 2008-2009, BAN with CBS's 60 Minutes program, exposed another electronics recycling firm, Executive Recycling of Denver, Colorado, by photographing their containers and following them with the journalists to Hong Kong. BAN also notified federal authorities.  Executive Recycling executives are currently under indictment for 16 criminal counts for illegal export and fraud. BAN will be witnesses for the government prosecution in that case.

The Basel Action Network ( www.ban.org) is named after the Basel Convention, a United Nations treaty designed to halt the exploitation caused by the export and dumping of toxic wastes of all kinds on developing countries. BAN is a non-profit organization which seeks to implement the Basel Convention and to prevent toxic trade and global environmental injustice.

Mexico Defies United Nations Convention→

Two tankers owned and operated by Petróleos Mexicanos (PEMEX), Mexico’s state-owned oil company, were recently sold for breaking on the notorious shipbreaking beaches in Pakistan and Bangladesh. The arrival of these obsolete vessels, the Sebastian and the De Marz, in South Asia without notice and without first being pre-cleaned of the tons of hazardous materials built into each ship is a clear violation of the UN Basel Convention and Mexican law. The Mexican government had just last year promised Basel Convention watchdog group the Basel Action Network (BAN) that such exports of Mexican ships were illegal and would not be allowed. BAN is now calling on the newly elected Mexican Government to take immediate corrective action by repatriating the two vessels to Mexico. "Mexico has violated its own laws and international law. In accordance with Mexico’s obligations under the Basel Convention, these toxic ships must be repatriated immediately,” said Colby Self of the Basel Action Network. “The governments of Bangladesh and Pakistan must be told to return the ships and under no circumstances allow them to be scrapped on their beaches.”

BAN, a member organization of the global NGO Shipbreaking Platform, initiated contact with the Mexian Secretariat of Environment and Natural Resources (SEMARNAT) in a letter(1) in October 2010, alerting officials of PEMEX’s plan to sell a number of obsolete tankers to foreign interests for scrap. At that time, the government replied, stating that they had intervened to block the sale of three PEMEX tankers and imposed restrictions on PEMEX’s future sales to prevent the illegal export of the vessels.

Over the next 18 months, BAN monitored what appeared to be continuous efforts by PEMEX to circumvent the law, and on April 6 informed the Mexican Government that PEMEX was again trying to sell the vessels under the claim that the vessels would be sold for continued use rather than disposal, an apparent attempt to bypass the Basel Convention rules on disposal of hazardous waste. BAN informed SEMARNAT that these vessels were already banned under MARPOL from operating as tankers due to their single-hull configurations and age, and therefore any claim of continued use was likely false. Nevertheless Mexican officials disregarded BAN’s warning and allowed the vessels to depart for alleged re-use, only to sail directly to Pakistan and Bangladesh for scrapping last month.

In an April 30, 2012 letter(2) from the office of Mexico’s representative to the Basel Convention, BAN was told that if these vessels attempted to enter foreign shipbreaking yards, Mexico would view such maneuvers as “illegal traffic” under Article 9 of the Basel Convention as Mexico did not authorize scrapping at foreign yards in non-OECD countries. It is now confirmed that this illegal traffic actually did occur. The Mexican government has not responded to BAN’s inquiries as to why its promised enforcement of its own laws as well as international law did not take place.

The ships are suspected of containing high levels of polychlorinated biphenyls (PCBs), asbestos and other hazardous wastes. Mexico has implemented the Basel Ban Amendment into domestic law, which means the export of hazardous wastes is only allowed to OECD countries, EU countries and Liechtenstein. Pakistan and Bangladesh are non-OECD countries, and therefore these nations and others cannot legally receive these vessels as waste from Mexico unless the ships are first fully decontaminated. Alternatively, the ships could have been recycled safely in a proper facility in Mexico, the U.S. or another OECD or EU country.

Shipbreaking in Pakistan and Bangladesh takes place under extremely dangerous and polluting conditions where workers labor on tidal sands to cut ships up by hand, exposing themselves to the risks of toxic chemicals, fires, explosions and falling steel plates. Pollutants are allowed to flow unimpeded into the marine environment.

Last year, two former PEMEX tankers were recycled at Mexican yards following the Government’s proper intervention following a BAN warning which created hundreds of local recycling jobs in Mexico.

“Why the sudden change of policy? We hope it does not reflect a cynical calculation that money is more important than worrying about damaging the global environment, exploiting impoverished Asian laborers, or providing good jobs by doing the scrapping job safely and cleanly at home,” said Self.

Navy’s ‘Great Green Fleet’ Sets Out To Pollute The Seas→

The U.S. Navy’s ‘Great Green Fleet,’ joined by twenty-two friendly nations, will fire-on and sink three inactive U.S. naval warships this summer off the coast of Hawaii during the Rim of the Pacific (RIMPAC) war games. The ships are contaminated with toxic heavy metals and polychlorinated biphenyls (PCBs) based on documentation of known contaminants found in more than 100 ships previously sunk by the Navy over the past twelve years. According to environmental groups, sinking – instead of recycling – these ships will send toxic chemicals into the marine environment and needlessly deprive the U.S. ship recycling industry of both resources and jobs. The deliberate sinking of the vessels is part of a target practice ship disposal exercise known as SINKEX (sinking exercise). This year’s operation will be the first such ocean dumping of old ships since the Chief of Naval Operations (CNO) placed a moratorium on SINKEX in 2011, and the first since Sierra Club and the Basel Action Network (BAN), represented by Earthjustice, filed a formal complaint against the U.S. EPA for continuing to allow the ocean dumping of toxins on SINKEX vessels.

“The hypocrisy of the Navy’s new ecological ‘Great Green Fleet’ demonstrating its “greenness” by sinking ships containing globally banned pollutants off the coast of Hawaii is particularly ironic,” said Colby Self of BAN’s Green Ship Recycling Campaign. “But the realization that this choice by the Navy to dump poisons into the marine environment is not only unnecessary, but also is costing Americans hundreds of green recycling jobs, makes this SINKEX program both an environmental and an economic insult.”

The vessels Kilauea, Niagara Falls and Concord are slated for sinking at RIMPAC, while a fourth vessel, the Coronado is slated for sinking as part of the SINKEX at operation Valiant Shield 2012, scheduled for the Pacific later this year. The SINKEX program allows the Navy to fire on inactive naval warships to practice gunnery and torpedo accuracy. Proponents say sinking live targets is essential for fleet readiness, while many military experts suggest that firing on idle ships is not representative of live combat scenarios and there are viable training alternatives with less environmental consequence, such as using simulations or clean inflatable targets.

Proponents also cite the economic boost when 25,000 military personnel from around the world arrive in Hawaii. However this boost comes irrespective of the SINKEX exercise as it is only a minor part of the larger RIMPAC training syllabus which lasts the entire month of July.

Together, the sinking of these four vessels would needlessly waste valuable resources by sending approximately 38,000 tons of fully recyclable steel, aluminum, copper and lead to the ocean floor, valued at approximately $27.6 million in today's scrap market. Lost too with the sinking of these vessels would be hundreds of U.S. ship recycling jobs.

In April 2012, the Center for Biological Diversity joined Sierra Club and BAN’s effort to redirect the Navy toward a more positive environmental and economic approach by petitioning the EPA to rescind an exemption from environmental laws it has granted the Navy for the SINKEX program. The petition asserts that continued SINKEX operations violate U.S. and international ocean dumping regulations including the Marine Protection, Research and Sanctuaries Act; Toxic Substances Control Act; London Convention; London Protocol; Stockholm Convention; Basel Convention; and various OECD agreements.

“PCBs have been banned globally because they’re some of the most dangerous pollutants around,” said Emily Jeffers of the Center for Biological Diversity. “They leach from sunken ships into the ocean and bioaccumulate in the bodies of fish, dolphins, and whales. Our oceans should never be used as a dump for poison.”

The EPA and Navy admit that highly toxic chemicals are released into the marine environment as a result of SINKEX, including asbestos, lead paint, antifouling paint containing tributyltin (TBT), polybrominated diphenyl esters (PBDEs) and PCBs, a suspected carcinogen that has been targeted for global phase out and destruction under the Stockholm Convention. However, the EPA and Navy seem unwilling to consider the new scientific findings presented by the coalition that show the amount of PCBs and other pollutants from the scuttled ships is far greater than EPA believed when it exempted SINKEX from ocean dumping laws. Instead the EPA asked a Federal Judge to dismiss the complaint on procedural grounds – a request that was denied last week.

“The sinking of these vessels directly contradicts President Obama’s directives calling on federal agencies to lead by example in recycling and ocean stewardship. The pristine waters north of the island of Kauai have already become a graveyard for more than a dozen ships containing untold tons of pollutants. These sinkings must stop! This is not ocean stewardship, nor is it the action of a “Great Green Fleet,” said Robert Harris of the Sierra Club in Hawaii.

The sinking of the ships runs counter to President Barack Obama’s executive order, “Stewardship of the Ocean, Our Coasts and the Great Lakes,” which established a national policy to ensure the protection of the health of our ocean. It also turns on its head another executive order, “Federal Leadership in Environmental, Energy, and Economic Performance,” which included a call for all Federal agencies to prioritize recycling as policy.

The Sierra Club and Basel Action Network have filed their complaint in federal district court in San Francisco against the EPA asserting that continued SINKEX operations violate the U.S. Toxic Substances Control Act. They are represented in this action by Earthjustice, a nonprofit environmental law firm. While the EPA has permitted SINKEX and provided exemptions to various U.S. laws, the groups argue that those exemptions, granted in 1998, are based on out-dated scientific research and should be rescinded.

Britain's waste: Now it's coming back to haunt us→

Amid the stacks of shipping containers towering over Britain's busiest port, an unusual suspected-crime scene unfolded this week.

Investigators wearing gas masks gingerly opened a row of 20m-long steel boxes and – after testing for noxious fumes – began inspecting the rusty entrails of 1,800 tonnes of scrap metal to see if it was sent illegally to pollute the environment 7,000 miles away.

Nearly 90 containers, each weighing more than 30 tonnes, have arrived back in the bustling Suffolk dockyard of Felixstowe in the past fortnight. Their journey began last November when they left scrapyards in southern England for Indonesia labelled as "recyclable" material with a value of $500,000 (£318,000).

The shipments were part of a lucrative trade – about 10 million tonnes of waste metal flow out of Europe each year. But when the Indonesian authorities inspected the contents of the British containers, they did not like what they found. The cargo was declared hazardous, resealed and British authorities were ordered to arrange for its immediate return.

Four UK companies are now being investigated by the Environment Agency (EA) to see if they sent contaminated and potentially toxic waste to the Indonesian capital, Jakarta, in contravention of laws designed to combat a global epidemic of cross-border dumping.

It is part of a wider picture in which millions of tonnes of material are flowing from the developed world to Asia and Africa, allowing criminals to profit by flouting international rules and passing off illegally-exported waste as part of a legitimate global trade in recyclable commodities worth £160bn a year.

The criminal trade, estimated to be worth at least £300m worldwide, ranges from hundreds of thousands of broken computers and televisions – so-called "e-waste" – sent to west Africa to be stripped of their heavy metals in unsafe conditions, to domestic waste smuggled out of Britain under the guise of recyclable paper or plastic. Used car tyres form an increasingly lucrative illicit market.

Andy Higham, the former detective who heads the 34-strong EA national crime team set up in 2008, said: "The financial benefits from environmental crime are similar to those from smuggling Class-A drugs but the actual penalties are very much lower. That is why it is attractive to criminals. Our job is to prove that they will be detected and will pay a heavy price."

The team investigating the containers returned from Indonesia – the inquiry is appropriately named Operation Anvil – will pick through their contents to try and find evidence the waste metal, claimed by its exporters to have been legitimately-exportable scrap metal, was mixed with hazardous contaminants allegedly found by the Indonesian authorities.

It is not an enviable task. The air was thick with the cloying smell of rust and damp as The Independent this week witnessed the opening of some of the first dozen containers shipped back from Jakarta for an initial inspection. As investigators wearing respirators slowly opened each box with a hydraulic jack to prevent tonnes of metal crashing on to them, a chemical specialist inserted a probe to test for ammonia or other gases before the doors were fully extended.

Inside one container was the oxidised, mangled product of a breakers yard – 5cm-thick chunks of steel plate, car parts, girders and unidentifiable bits of heavy plant – mixed with lengths of rubber hose, wood, broken circuit boards, plastic film and other detritus which could release toxins if smelted down in an unmodified furnace.

According to photographs taken by customs officials in Jakarta and sent back to Britain, suspect hazardous substances were found in some of the containers, meaning Operation Anvil will have to conduct further tests to assess which, if any, of Britain's strict waste export regulations have been broken.

Jeff Warburton, a senior environmental crime officer, who like other members of the crime squad is a former police detective, said: "The legislation is quite clear – there should not be any contaminants in this material. It is the very early stages of this investigation but we do take these things extremely seriously. It is absolutely right and proper that, given what the Indonesian authorities say they found, we conduct a thorough inquiry."

Looking along the line of containers, each of which may eventually have to be emptied to collate evidence, Mr Warburton, a former detective inspector with Greater Manchester Police, added: "It is expensive and it is time consuming but it is something that needs to be done.

"If material is exported that puts toxins and poisonous fumes into the air of a country where the furnaces are not equipped to filter out that material then that poses an obvious risk to the environment and the people. It is our job to stop contaminated waste being exported or, if it has left the country and been sent back, trace those responsible."

The suspect scrap shipments are part of a cash-rich – and perfectly legal – trade in waste metal for melting and recycling which has grown massively in recent years to feed commodity-hungry markets such as China. According to industry estimates, recycled goods provide 40 per cent of global raw material requirements.

At the same time, organised crime has spotted an opportunity to make quick money by loading cargo containers with mislabelled or illegal waste to be dumped abroad. With some 700,000 containers passing through British ports each year, it is impossible to check more than a fraction of cargos for illegal shipments.

Mr Warburton said: "It is the same pattern we see time and again. There is a legitimate business in which profits are to be made. Criminality sees that profit and seeks to exploit it by breaking the law."

Human rights campaigners and conservation groups have highlighted the damaging effects of the illegal trade. They point to Ghana and Nigeria where children pick through mountains of electronic waste rich in heavy metals and burn plastic casings off copper wire for less than a dollar a day, generating a rich cocktail of air and water-borne carcinogens.

In Jakarta, the authorities have reacted with alarm, pointing to the British shipments, which were mixed with 30 containers of suspect scrap metal sent from the Netherlands, as the latest in a growing influx of waste from the developed world which is shortening the lifespan of Indonesia's own landfills and causing health problems.

Masnellyarti Hilman, a senior government official dealing with hazardous waste, said: "Due to our lack of awareness, they sometimes send the waste illegally and others have falsely claimed that the waste was basic materials."

The scrap metal shipments are reminiscent of events in 2009 when 2,000 tonnes of municipal waste from across Britain, including used adult nappies, bags of rotting meat and used underwear were shipped to Brazil, allegedly under the guise of recyclable plastic.

The discovery of the shipments in three Brazilian ports sparked a diplomatic incident, with the country threatening a complaint to the World Trade Organisation. The then president, Luiz Inácio Lula da Silva, accused Britain of using his country as "the world's rubbish bin". A long and complex investigation by the Environment Agency, which traced the waste to locations from Wiltshire to Lincolnshire, is only now coming to a conclusion.

Two directors of an east London waste paper company last month pleaded guilty at the Old Bailey to exporting waste illegally, while two Brazilian nationals, who are alleged to have arranged the shipment, are due to go on trial in October.

These "reactive" investigations sit alongside the agency's preferred method of crime fighting, using intelligence to target suspected illegal exporters and other types of environmental criminals before they can do real damage.

As well as preventing the export of 51 containers of suspected illegal waste last year, this month the agency won an order requiring a crime boss jailed for four years earlier this year to pay back more than £900,000 earned from running a massive illegal waste site in Berkshire.

Mr Higham said: "Environmental crime is an extremely serious issue and we are beginning to get that message out. We know material is being stopped but the invisible side of the equation is what we have not stopped. I am not so arrogant as to say we are completely on top of this. But we are out there and we have the expertise and knowledge to catch those breaking the law."

On the scrapheap: Valuable rubbish

E-waste

Four million tonnes of waste computers and appliances are generated in the West each year. Working machines can be legitimately exported but millions of broken items, containing valuable but dangerous heavy metals, are exported illegally to Africa and Asia.

Scrap metal

There is a massive market in waste steel and metals. Annual exports from the EU grew by more than a third in the past decade to more than 10 million tonnes. Regulations require scrap metal to be free from contaminants but there is evidence countries accept dirty shipments.

Tyres

Used tyres can no longer be sent to landfill in the UK. But some operators are charging fitters to dispose of tyres and then illegally exporting them to other countries such as Vietnam.

Plastic

One of the biggest legitimate waste markets is in recyclable plastic. Last year, Britain exported 14 million tonnes of recyclable materials. Criminals exploit this demand by mislabelling domestic rubbish as packaging.

Paper

European exports of waste paper rose from 1.2 million to 7.8 million tonnes between 1995 and 2005. Illegal exporters pass off contaminated waste as clean paper.

e-Stewards® Certification Will Now Include R2 Practices→

The Basel Action Network (BAN), the owner of the e-Stewards® Certification for electronics recyclers, announced today that it has included the R2 (Responsible Recycling) Practices, developed earlier by an Environmental Protection Agency sponsored multi-stakeholder process, into the more comprehensive e-Stewards Standard. Already, e-Stewards certifications require adherence to and deliver the ISO 14001 Environmental Management System certification. Effective immediately, the same will now be true for R2. "Almost all of the requirements of R2 are already in the e-Stewards Standard but the reverse is certainly not true," said Jim Puckett, BAN’s Executive Director. "By itself, R2 is inadequate to the task of ensuring a high degree of responsible recycling, but we have seen that many recyclers are getting both R2 and e-Stewards Certifications due to market demands. To make things very cost effective for recyclers, we will now ensure that R2 certification is provided as long as the more rigorous e-Stewards Standard requirements are met at the same time."

BAN created the e-Stewards Standard after the R2 Standard failed to prohibit exports of hazardous electronic waste to developing countries, prohibit the use of prison labor for managing hazardous waste and sensitive data, or prohibit the dumping of hazardous materials in municipal landfills. R2 Practices is an 11-page, non-copyrighted, open-source standard. The current e-Stewards Standard is a 51-page copyrighted standard which includes the ISO 14001 Environmental Management System Standard and is available under license with the Basel Action Network.

According to BAN, there are only a few requirements in R2 that are not addressed equivalently or in a more rigorous manner in the current version of the e-Stewards Standard. Now, by virtue of the latest e-Stewards Sanctioned Interpretation, all R2 requirements are now also requirements of the new e-Stewards Standard and all e-Stewards Certifying Bodies will audit to both standards. All three e-Stewards Certifying Bodies are already accredited for R2 and already report negligible additional cost for adding R2 to the e-Stewards Certification audits when conducted at the same time.

"We are very happy to accommodate the marketplace in this way as long as the end result is more globally responsible e-cyclers," said Puckett. "With this move we can make it easier and more economical for recyclers to meet their clients' certification demands, while making the world a safer and more healthy place."

Read R2 Integration Questions and Answers

San Francisco Joins Global Effort to Tackle Electronic Waste→

The Basel Action Network ( BAN ) announced today that the City and County of San Francisco have achieved the status of "e-Stewards Enterprise." The designation recognizes cities, counties and companies that take concrete measures to eliminate the export of hazardous electronic waste (e-waste) to developing countries by using Certified e-Stewards® Recyclers to manage their electronic waste. "Leaders lead, and the City and County of San Francisco have demonstrated that the status quo where the majority of electronic waste is routinely dumped in developing countries or our local landfills is just not acceptable anymore," said Jim Puckett, Executive Director of BAN. "To shrink our toxic footprint and our carbon footprint, to ensure our children’s future, we are going to need more leaders in all public and private institutions to make the kind of bold move that San Francisco just made."

San Francisco joins the e-Stewards Enterprise program current members including Wells Fargo, Nestle, Bloomberg News, Capital One, Samsung, Bank of America, Alcoa Aluminum and LG. They also join King County, the seat of Seattle and Bellevue in Washington State, Santa Clara County and the City of San Jose, home to Silicon Valley.

"The technology tools we use in our everyday lives too often end up in the environment as a major source of toxic pollution. Our city's primary focus when it comes to electronics is on reuse," says Melanie Nutter, Director of San Francisco’s Department of Environment. "But when we do need to recycle, we are committed to doing it responsibly."

E-waste is the world’s fastest growing pollution problem. According to Time Magazine, Americans throw out more than 350,000 cell phones and 130,000 computers every day. Approximately 80% of electronic waste currently delivered to recyclers is actually exported to developing countries. Improperly disposed of, the lead, mercury and other toxic materials inside e-waste poisons workers and pollute communities.

The non-profit BAN created the world's most rigorous standard for electronics recycling, called the "e-Stewards Standard for Responsible Recycling and Reuse of Electronic Equipment." The e-Stewards Standard protects against e-waste dumping in landfills, processing by prisoners, and the export of hazardous e-waste to developing countries. It also ensures worker protection and strict rules for the security of private data stored in electronics. It is the only e-waste standard to include all these protections. More than 70 environmental groups worldwide have endorsed the e-Stewards Standard.

As an e-Stewards Enterprise, San Francisco commits to using, wherever possible, recyclers that are annually audited and certified to the e-Stewards Standard. The complete list of e-Stewards Enterprises and recyclers certified to the e-Stewards Standard is available at www.e-stewards.org.

Exxon Mobil Scraps U.S. Jobs and the Environment by Sending Its Old Tankers To Asia→

On January 31, Texas-based Exxon Mobil and its wholly owned subsidiary SeaRiver Maritime sold the S/R Long Beach, a 1987 U.S. built single-hulled tanker (sister ship to the notorious Exxon Valdez) to a Chinese shipbreaking facility. Exxon's move to dismantle the Long Beach in Asia is at odds with their December 2011 decision to recycle another tanker, the S/R Wilmington, in Brownsville, Texas. That earlier decision was applauded by domestic industry and environmental organizations alike for creating green recycling jobs in the U.S. while also remaining consistent with the decisions of the United Nation's Basel Convention, which prohibits the export of toxic wastes from developed to developing countries. Old tankers contain many toxic materials and are usually deemed as hazardous waste under international law. Exxon's most recent waste export move, however, has been criticized by global toxic trade watchdog organization Basel Action Network (BAN).

"Sadly, Exxon Mobil has reverted to outsourcing toxic waste and good recycling jobs to China simply to save a buck. We urge the company to reaffirm its commitment to only send their obsolete fleet to safe and environmentally responsible ship recycling facilities in developed countries, in country if possible. Here in the US, we have safe, effective, affordable recycling facilities that deserve the work. It would also create hundreds of US jobs," said Colby Self, Green Ship Recycling Campaign Director for the Basel Action Network.

While labor and environmental conditions in China have improved compared to others such as the infamous shipbreaking beaches of India, Pakistan and Bangladesh, China still lacks the environmental and labor protections and downstream waste management capacity that exist in developed countries like the U.S.

"Exxon needs to affirm a policy of recycling toxic ships in developed countries, and we stand ready to assist them in finding green recycling yards in the North America and Europe," said Colby Self.

BAN is part of the global NGO Shipbreaking Platform which seeks global compliance with the Basel Convention, seeks to end destructive beach shipbreaking practices, and seeks to promote responsible green ship recycling.

113 Containers of Toxic Waste Arrives at Indonesian Port→

On the heels of massive quantities of toxic wastes arriving at the Jakarta Tanjung Priok Port last week, environmental groups led by Indonesia Toxics-Free Network, the Basel Action Network, Ban Toxics, and BaliFokus condemned the illegal trade and urged world governments that have not already done so to ratify the Basel Ban Amendment and to enforce the Basel Convention as a matter of urgency. Officials at the Jakarta port were able to intercept and seize the illegal shipments which originated from the United Kingdom and the Netherlands. Customs officials from the two countries have already begun investigating the companies and the individuals involved in the case may yet be prosecuted. However for every shipment caught it is feared many more go unnoticed.

"We were lucky to have caught this one shipment, which begs the bigger question, how many shipments are getting through under the noses of our port officials?" asked Yuyun Ismawati, founder of the Indonesia Toxics-Free Network. "In Indonesia we have regulations on illegal toxic waste traffic based on the Basel Convention, but there needs to be better national enforcement and international cooperation to implement the law."

The environmental groups also call on all governments that have not already done so to ratify the Basel Ban Amendment. Last October 2011, the Basel Convention on the Control of the Transboundary Movement of Hazardous Wastes and their Disposal passed a critical decision to ensure that only 17 more ratifications are needed to allow the Basel Ban Amendment to enter into force. The Basel Ban Amendment prohibits and makes it a crime to export toxic wastes from developed to developing countries for any reason whatsoever.

"The Basel Ban places the responsibility of policing this crime not only on the importing country, such as Indonesia, but more importantly on the developed nations as well," explains Jim Puckett, Executive Director of the Basel Action Network. "The UK and Dutch port authorities missed this shipment, and thus it is clear that there needs to be greater responsibility on the shoulders of exporting countries to police unscrupulous actors that avoid costs of proper waste management by exporting toxic waste."

Increasing toxic waste generation in developed countries, increasing costs of managing pollutants, combined with high poverty and lax implementation of environmental laws drive toxic wastes from rich to poorer countries.

The generation of electronic waste or e-waste, included in this illegal shipment, amounts to about 50 million metric tons generated annually, and is increasing rapidly. Unfortunately e-waste is toxic waste containing such toxins as lead and cadmium, and thus disposal is creating major risks for public health and environment in importing countries.

"We are reaching the tipping point of the poisons that society is spewing out, and the ports and customs are the frontiers of that fight," said Richard Gutierrez, Executive Director of Ban Toxics in the Philippines. "Governments can not handle this problem single-handedly. There has to be better coordination and implementation of international and national laws. If not, developing countries like Indonesia will become the dumping grounds for the world’s toxic wastes."

CEC Secretariat Launches Independent Study on the Environmental Hazards of Transborder Lead Battery Recycling→

The Secretariat of the Commission for Environmental Cooperation (CEC) has begun an independent examination into the environmental and public health issues associated with the transboundary movement of spent lead-acid batteries across North America. This study will include examination of the recent increase in transboundary shipments of spent lead-acid batteries within North America for the purposes of recovery and recycling of lead for remanufacture. Factors to be examined include the concern that, in addition to global market forces, differing costs of compliance with environmental and health regulations may be affecting decisions on where to locate certain recycling activity within our three countries.

Lead is a persistent, bioaccumulative, toxic substance that can cause developmental harm, especially in children. Even in small doses, exposure to lead dust and vapors—in lead-contaminated air, water, or soil—has been associated with nervous system impairment in fetuses and young children, resulting in learning deficits and lowered IQ.

The Secretariat’s examination will assemble the most recent information on the flow of spent auto and industrial batteries and examine trade- and compliance-related issues in preparing a comprehensive report to the CEC Council—the cabinet-level environmental officials in each of Canada, Mexico and the United States. The independent report will conclude with recommendations concerning steps to improve the environmental management of spent lead-acid batteries and to diminish the pollution and environmental health effects impacting vulnerable populations adjacent to certain recycling operations, particularly in Mexico.

The CEC Secretariat’s study and report is being prepared pursuant to Article 13 of the North American Agreement on Environmental Cooperation (NAAEC). This provision allows the Secretariat to prepare an independent report to the CEC Council. In preparing this study and report, the NAAEC Article 13 provides for the Secretariat to draw upon any relevant technical, scientific or other information, including information submitted by the Parties to the NAAEC, the CEC’s Joint Public Advisory Committee, and nongovernmental organizations (NGOs). The results of public consultation among North America’s battery recycling and related industries, communities, NGOs and specialists will be considered in the development of the report and recommendations.

The CEC Secretariat report is expected to be completed in 2012 and a work-plan and schedule of consultations will be published in the near future. Interested persons and organizations are encouraged to contact the Secretariat should they wish to provide any related information and/or to be included in such consultation.

Beware of E-waste as great health risk→

LAHORE: Hazardous E-waste has become one of the biggest health risks of this century in Pakistan, with rising trend of bulk imports of used and obsolete computers and other electronic equipment from the West, taking full advantage of “yet to be enacted E-waste laws” in the country. The people, especially the youth, are buying ‘E-Waste of the West’ as branded computers due to lack of awareness about the grave risks it is posing to the environment, human life and animals.

“No one knows when Pakistan will be able to effectively cope with the problem of hazardous E-waste, perhaps not before the adults and children start suffering from serious health disorders by exposing to lead and other lethal chemicals present in E-waste,” says M Jamal, an environmental expert.

According to environmentalists, the toxic materials found in computer equipment include lead, cadmium, chromium, mercury, barium etc, warning that - older the computer, the higher the level of toxic elements.

According to reports, one of the most toxic equipment is Cathode Ray Tube (CRT) present in monitors and monitor-converted TVs, which contain deadly metals such as lead, which damages the nervous and reproductive systems and poisons the blood and kidneys. It also adversely affects plants, animals and microorganisms. Cadmium, found in chips and infrared detectors, accumulates in kidneys and damages them.

Another heavy metal, mercury, which is used in a large number of electronic items, enters the food chain and harms the brain and kidneys.

There is no law in the country to effectively deal with E-waste hazards. The existing Pakistan Environmental Protection Act 1997 does not cover the safe handling and disposal of hazardous E-waste and prevention of its import.

“Proper legislation and its implementation is the need of the hour to control this menace,” says M Jamal.

According to experts, E-waste is a global phenomenon, but the problem in Pakistan is of greater magnitude, as it has become a dumping ground for obsolete electronic products.

Talking to Daily Times, Punjab Environment Protection Agency Director General Maqsood Ahmad Lak has said that there is a dire need for focusing on the management of E-waste, which is a modern era threat to the environment.

Although Pakistan is a signatory to the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal, the government has done little to check and regulate toxic imports.

According to a UN report, the world collectively generates 20 to 50 million tonnes of E-waste every year.

Sensing the gravity of the problem at global level, an international conference, Environmentally Sound Management of E-waste, is being held on January 8 to 11, 2012 in Tehran. A delegation from Pakistan has also been invited to participate in the conference.

It is learnt that tens of thousands of used computers, its accessories and other obsolete electronic equipment, which contain large amount of hazardous waste, are being shipped to Pakistan with complete disregard to their lethal effects.

These obsolete electronic products, which are difficult and expensive to dispose of in developed countries because of their hazardous nature, are imported and used as cheap and ‘second-hand machinery’ in Pakistan.

“It is a well known fact the developed countries get rid of their undesirable computers and other equipment considered scrap by sending shipments out to developing countries and Pakistan is a prime example of such behaviour,” says environmental expert Dr Iqbal.

It is observed that a large quantity of computers, its accessories and related gadgets are used in houses and offices, exposing adults and children to toxic elements. “In order to avoid such type of waste and consequent hazards, it is important not to import old and out-dated electronic gadgets, especially computers and cellular devices,” says Dr Iqbal. He says besides a host of heavy metals – which continue to pollute our water bodies, land, soil, and air – the disposal of computers and other E-waste requires scientific supervision and proper channels. This modern era problem has not so far received much attention from non-governmental or environmental bodies in the country. So it is alarming that the workers in the computer recycling industry as well as consumers who buy used equipment due to its low cost are oblivious to the threats to their health.

NGO Releases 2011 List Of Top EU Companies Sending Toxic Ships To South Asia→

The NGO Shipbreaking Platform, a coalition of human rights, labour rights and environmental organisations working on the shipbreaking issue, has released its third yearly list of European companies that have sent end-of-life ships to the infamous scrap beaches of South Asia. The European Waste Shipment Regulation – which incorporates international law such as the 1989 Basel Convention on the control of transboundary movements of hazardous wastes – prohibits European Union Member States from exporting hazardous wastes, including those present in the structure of ships to developing countries. Still, the vast majority of European shipping companies continue to avoid the costs of proper disposal by selling their ships to South Asian breaking yards known for the lack of enforcement of environmental and labour laws, exposing some of the poorest communities to extremely dangerous working conditions and severe pollution. The top 10 European “global dumpers” in 2011 are[1]:

1. Greece(100 ships)
2. Norway(24 ships)
3. UK(13 ships)
4. TheNetherlands(12  ships)
5. Germany(11 ships)
6. Italy(9 ships)
7. Cyprus,Switzerland(5 ships each )
8. Bulgaria,Denmark,Romania(4 ships each)
9. Latvia,Lithuania,Poland,Spain,Sweden(3 ships each)
10. Belgium,Finland,Ireland,Slovenia(1 ship each)

Once more, the listing of European dumpers also highlights the problem of “flags of convenience” (FOC). Unscrupulous ship-owners have long used FOCs to evade tax rules, licence regulations, safety standards and social requirements for the treatment of crew. Backed by shell companies, joint-ventures and hidden owners, FOCs are also considerable constraints to combating illegal toxic waste dumping as they make it extremely difficult to locate and penalise the real owners of vessels. In 2011, the top five flags used by European companies were so-called “flags of convenience” as listed by the International Transport Workers Federation, and accounted for 64% of the total (almost two thirds) of flags. These are:

1. Panama(55 times)
2. Liberia(33 times)
3. Bahamas, St Kitts-Nevis (12 times each)
4. Comoros(11 times)
5. Marshall Islands, St Vincent & Grenadines (7 times each)

Pollution and deaths caused by obsolete European ships

Each year, approximately 800 ocean ships reach the end of their service life and are broken down to recover steel.  Yet only a fraction is handled in a safe, sustainable manner.  About 80% of all end-of-life ships are simply run ashore on tidal beaches in developing countries such as Bangladesh, India  and Pakistan, where unscrupulous shipbreaking companies exploit minimal enforcement of environmental and safety rules to maximize profits.

On the beaches ofSouth Asia, poor and unskilled migrant workers are deployed by the thousands to break down the ships manually, which are often full of toxics such as asbestos, lead, PCBs and heavy metals.  Little care is given to worker safety or protection of the environment.  The toxics sicken the workers and ravage coastal ecosystems.  The muddy sand and shifting grounds of tidal beaches cannot support heavy lifting equipment or safety gear, therefore accidents maim or kill hundreds of workers each year.

The statistics are alarming. The European Commission estimates that 40,000 to 1.3 million tonnes toxics (including 3,000 tonnes of asbestos) on board end-of-life vessels are exported each year to South Asia from the EU alone[2]. In Bangladesh, children under 15 years of age count for 20% of the workforce[3].  There and elsewhere, the total death toll runs into the thousands[4]. Also, miles of protected mangrove trees, essential to ecosystem health and protection from monsoons, are being cut to make way for ships.  This and the accompanying poisons from shipbreaking have killed or devastated dozens of aquatic species, destroying also the livelihoods of surrounding fishing communities.

The European Commission needs to take action

In March 2012, the European Commission is expected to release proposals for better enforcement of laws related to shipbreaking. Since the Commission first announced in 2006 that it would be working on this issue, publishing also a “Strategy for better ship dismantling” in 2008, no improvement has been made to the current state of play.

The NGO Shipbreaking Platform and its coalition members, including organisations based in the largest shipbreaking countries (India, Bangladesh and Pakistan), will continue to actively advocate for a European policy that gives promise of effectively reversing the current trend where end-of-life ships constitute one of the largest streams of toxic waste dumped by European companies in developing countries. More than 100 non-governmental organisations around the world; the UN Special Rapporteur on Human Rights and Toxics; and the European Parliament have voiced their support to the Platform’s human rights and environmental objectives to end the dangerous and polluting practice of breaking ships on tidal beaches.

Forceful and sustained action at the European level is especially urgent because the global phase-out of single hulled oil tankers and the current backlog of old vessels still in operation mean that the number of retired ships that are sent for breaking is reaching an all-time high. The NGO Shipbreaking Platform’s 2011 list shows more than 200 European ships were sent for breaking on the beaches of South Asia last year.

[1] Six ships were sent by non-EU based companies that used European flags (twice theCyprus flag and twice the Greek flag; once the British flag and once the Maltese flag).

[2] European Commission: Impact Assessment for an EU Strategy for Better Ship Dismantling, SEC(2008)2846

[3] FIDH/YPSA: Childbreaking Yards – Child Labour in the Ship Recycling Industry in Bangladesh, 2008

[4] FIDH/Greenpeace: The Human Cost of Breaking Ships, 2005

San Jose Becomes First City to Commit to using e-Stewards® Recyclers for Electronic Waste →

The California City of San Jose, the tenth largest city in the United States, and "capital of Silicon Valley," today became the first city to earn the e-Stewards Enterprise designation for responsible recycling of electronic equipment. By becoming an e-Stewards® Enterprise, San Jose will always give preference to all of its electronics recycling contracts to those recyclers certified to the "e-Stewards Standard for Responsible Recycling and Reuse of Electronic Equipment." Over 70 environmental groups worldwide have endorsed the e-Stewards Standard, including Greenpeace, the Sierra Club, and the National Resources Defense Council. "The city most commonly associated with leading the Information Age, has now chosen to take the lead by choosing the gold standard for responsible and sustainable electronic waste management," said Jim Puckett, Executive Director of the Basel Action Network (BAN) the toxic watchdog organization. "Far too often citizens and cities have been defrauded by rogue companies calling themselves recyclers, that routinely dump old computers and TVs on developing countries. E-Stewards Recyclers are audited and certified to ensure against such malpractice."

The e-Stewards Standard, developed by BAN, with the assistance of recycling industry leaders and health and environmental specialists, is the world’s most robust certification program for electronics recyclers. It prevents the export and dumping of toxic electronic waste in developing countries. There, men, women and children, without the benefit of enforced laws to protect workers and the environment, break down the e-waste by hand using dangerous fire and chemicals, suffering severe exposure to some of the most toxic materials known to man. The Standard also ensures that e-waste will not be dumped in municipal landfills and also safeguards the protection of the public’s private data, as well as prevents unsafe occupational exposure of workers in recycling plants to toxic dusts.

San Jose has joined its surrounding County of Santa Clara in becoming an e-Stewards Enterprise. Likewise King County (Seattle) in the State of Washington has joined. Other e-Stewards Enterprises include major corporations, Alcoa, Bank of America, Bloomberg, Capitol One, LG, Nestle, Samsung, and Wells Fargo Bank.

"In Silicon Valley, we boast the newest technologies in the world," said City Councilmember Ash Kalra. "However, the disposal of high-tech products is all too often done in a way that harms people and devastates the planet. Becoming an e-Stewards Enterprise will allow us to be accountable and ensure that whatever e-waste is recycled through the City is recycled responsibly and does not damage public health or the environment. It gives me great pride to know that San Jose has taken this major step in helping eliminate the harmful impacts our services may cause, directly or indirectly, to communities here or in other countries."

"The City of San Jose is proud to be the first City in the nation to become an e-Stewards Enterprise," added Kerrie Romanow, Acting Director of San Jose's Environmental Services Department. "San Jose strives to be a leader in environmental stewardship and responsible e-waste management, by modeling best practices in all our City operations."

In 2010, San Jose recycled 146,000 pounds of City-generated e-waste, and sponsored two e-waste collection events, generating nearly 10,000 pounds of e-waste that were recycled by an e-Stewards Certified Recycler.

Coalition for American Electronics Recycling: Industry Effort to Limit Toxic E-Waste Exports Adds Sims Recycling Solutions, Bipartisan Co-sponsors→

The Coalition For American Electronics Recycling (CAER) today announced that Sims Recycling Solutions has joined the industry effort to support federal legislation that will restrict export of toxic electronic waste (e-waste) from the U.S. and spur creation of tens of thousands of jobs through expansion of the domestic recycling industry. In the House of Representatives, 13 co-sponsors have announced support for the bill, including six Republicans and seven Democrats. With the addition of Sims Recycling Solutions, the largest e-recycling company in the world, CAER now includes 34 U.S. companies with 89 facilities involved in all aspects of the domestic electronics recycling and disposition industry, with operations in 32 states as well as the District of Columbia. (Complete membership list below, or visit the CAER website). Also supporting the legislation are Hewlett-Packard, Dell, Apple, Samsung, Best Buy and LG.

"The addition of these industry leaders reflects growing consensus that the Responsible Electronics Recycling Act is good for business and will create much-needed jobs and enhance sustainability," said John Shegerian, Co-founder and President, Electronic Recyclers International. "Our members are committed to growing an American industry with the capacity to manage e-waste generated within our borders and the potential to create tens of thousands of jobs in every part of the country."

Introduced in June, the Responsible Electronics Recycling Act (HR 2284/SB1270) would restrict toxic e-waste exports to developing countries that lack adequate safeguards for the environment and workers. There is growing bi-partisan support for the bill as additional co-sponsors have joined the bill in recent weeks. To support Representative Gene Green (D-TX), the lead House sponsor of the bill, 13 co-sponsors now include: Mike Thompson (D-CA), Lee Terry (R-NE), Steve LaTourette (R-OH), Anna Eshoo (D-CA), Blake Farenthold (R-TX), Charlie Gonzalez (D-TX), Mazie Hirono (D-HI), Dennis Ross (R-FL), Zoe Lofgren (D-CA), Grace Napolitano (D-CA), Jeff Denham (R-CA), Jim Costa (D-CA) and Gus Bilirakis (R-FL). In the Senate, similar legislation is co-sponsored by U.S. Sens. Sherrod Brown (D-OH), Sheldon Whitehouse (D-RI) and Lisa Murkowski (R-AK).

CAER's emergence represents a major split in the recycling industry regarding e-waste exports. The industry's primary trade association, the Institute of Scrap Recycling Industries (ISRI), has long opposed restrictions on e-waste exports. By joining CAER, ISRI members are breaking with the trade association's position and taking a stand in support of export restrictions on unprocessed electronic products that will create jobs and protect the environment.

Three of the seven companies on the CAER steering committee are also ISRI members, including Sims Recycling Solutions, Electronic Recyclers International, and Hugo Neu.

"Unrestricted and unfair trade in electronic scrap with developing countries has thwarted the job growth that can come with a robust domestic recycling infrastructure," said CAER steering committee member David Zimet, President of Hesstech. "The Responsible Electronics Recycling Act will enable American recyclers to make new investments in facilities and staff and personnel necessary to legitimize and grow an American industry and position America as a leader in global markets."

The Coalition is continuing to work with both the House Energy and Commerce Committee and the Senate Environment and Public Works Committee, which have jurisdiction over the bills as well as other Congressional offices who would benefit from the job creation from this legislation. For more information about HR 2284/SB1270, visit the CAER website, which includes links to the full text of each bill.

Coalition for American Electronics Recycling - Membership December 20, 2011

2 trg, Ohio, New York, Kentucky 4th Bin, New York All Green Electronics Recycling, California, DC, New York AVR Recycling, California Cascade Asset Management, Wisconsin, Indiana Creative Recycling, Florida, Georgia, Tennessee, Kentucky, North Carolina, Pennsylvania, Illinois ECS Refining, California, Oregon, Texas eForce Compliance, Pennsylvania Electronic Recyclers International, Washington, California, Colorado, Texas, Massachusetts, Indiana, North Carolina eLoop, Pennsylvania EPC, Missouri, Nevada, South Carolina, Texas eSCO Processing and Recycling, Arkansas Extreme Recycling, Kansas, California Friendly Earth, Washington Global Electronic Recycling, Michigan, North Carolina, Texas Greene Lyon Group, Massachusetts Hesstech, New Jersey Hugo Neu Corporation, New York Metech Recycling, North Carolina, Colorado, Utah, Massachusetts, California, Nebraska Onsite Electronics Recycling, California Outback Equipment, California PlanITROI, New Jersey Redemtech, Ohio, Nevada, Virginia ReDirect e-Waste Solutions, California Sims Recycling Solutions, California, Nevada, Arizona, Texas, Tennessee, Illinois, New Jersey, South Carolina, Florida Spectrum eCycle Solutions, Missouri Surplus Computers, California TechnoCycle, Texas Total Reclaim, Washington, Oregon, Alaska United DataTech, California Universal Recycling Technologies, Wisconsin, New York, New Hampshire, Minnesota, Texas, Oregon, Indiana Valley City Environmental Services, Michigan Vintage Tech Recyclers, Illinois WeRecycle! New York, Connecticut

Navy Ship Sinking Pollutes Sea with Toxic PCB’s→

Today, conservation groups filed a lawsuit challenging the U.S. Environmental Protection Agency's (EPA) ongoing failure to adequately regulate a Federal ship sinking program that pollutes the sea with toxic chemicals. Earthjustice, on behalf of the Basel Action Network and Sierra Club, filed the lawsuit in U.S. District Court of Northern California. The U.S. Navy's ship sinking exercise program, called SINKEX, uses decommissioned military ships for live-fire target practice as the Navy's preferred method of ship disposal, sinking a reported 109 ships at sea over the past decade alone. This method of ship disposal differs from the U.S. Maritime Administration's as well as the private shipping industry's preferred method of ship recycling.

The suit claims EPA fails to adequately regulate the ocean dumping of toxic PCBs, (polychlorinated biphenyls), a group of chemicals that are highly toxic and dangerous to human health. PCBs are contained in the obsolete ships used by the U.S. Navy for ship sinking exercises.

New data from a study in Florida supports the conclusion that PCBs, dumped during ship sinking exercises, are leaching from the sunken vessels and are entering the marine food chain. According to the study, this leads to PCB concentrations in fish that make them unsafe for human consumption.

In July 2011, the Basel Action Network and the Sierra Club petitioned EPA to regulate ship dumping more stringently. EPA failed to respond to the petition by the statutory deadline.

"The ocean dumping of our national fleet squanders natural resources that could otherwise be recycled, eliminates recycling job opportunities that could boost local economies, and poses unreasonable risk to the marine environment and to the people who derive their livelihood or recreation from it," said Colby Self of the Basel Action Network. "The EPA can no longer turn a blind eye to this arcane practice; we have given them full notice."

"Protection of our Nation includes protection of our ocean environment and all the species, including humans, who depend on the health of the ocean," said Dave Raney of  the Sierra Club. "By strictly adhering to the law, we need not trade one for the other in the SINKEX exercises."

The lawsuit claims that EPA must initiate rules to regulate the marine disposal of PCBs during ship sinking exercises to protect human health and the environment against an unreasonable risk of injury.

BAN and Sierra Club are advocates for responsible ship recycling in the U.S. that not only serves to protect the environment and human health from toxic PCBs, but also creates recycling jobs and stimulates the local economy.

"EPA is legally required to keep dangerous chemicals like PCBs out of our oceans," said Amanda Goodin, an attorney with Earthjustice representing BAN and Sierra Club. "It's time for EPA to make the Navy clean up its act."

Exxon Mobil Creates Green U.S. Recycling Jobs→

Instead of sending their defunct tanker to the infamous ship-scrapping beaches of South Asia, Exxon Mobil and wholly owned subsidiary SeaRiver Maritime, recently completed the sale of the S/R Wilmington, a 1984 built tanker, to a U.S. ship recycling facility, where it will be dismantled by a skilled workforce, using advanced technologies to manage the vessel’s hazardous waste stream. Exxon’s move to recycle the Wilmington in the U.S. is seen by the toxic trade watchdog organization, Basel Action Network (BAN), as a move to lead by example, opting for the safe and environmentally preferable ship recycling methods of U.S. ship recyclers, while creating green U.S. jobs in a tough economy. “We applaud this decision and hope this is a harbinger of many more such corporate choices – to internalize costs and not use the global commons or developing countries as convenient dumping grounds for pollution and harmful activities,” said Mr. Colby Self, Green Ship Recycling Campaign Director for BAN.

This move is in stark contrast to some of Exxon’s competitors including BP, who often send their retired fleets to the shipbreaking beaches of South Asia, where nearly a quarter of the exploited workforce at these yards are child laborers making less than USD$1 per day, and where little is done to protect their health and safety or that of the environmentally sensitive tidal flats where these vessels are scrapped.

Because of its age, the Wilmington is suspected of containing a host of hazardous wastes within its construction. These wastes cannot be managed in an environmentally sound manner on the shipbreaking beaches of India, Pakistan and Bangladesh, where approximately 90% of the obsolete global shipping fleet is dismantled. Using advanced technologies at U.S. ship recycling facilities, these wastes, including PCBs, asbestos, lead, and mercury are contained and managed with proper care, while approximately 91% of the vessel, including critical metal resources such as steel, aluminum, and copper, are fully recycled and recirculated into the marketplace, thereby reducing demand for environmentally destructive primary metal mining and related carbon emissions.

“BAN is pleased with this outcome after having been in close contact with Exxon/SeaRiver for months,” said Self. “Building on this positive result, we now call on Exxon to further lead by example to make a corporate commitment to Off the Beach environmentally sound management of all end-of-life vessels owned, operated or leased on behalf of Exxon/SeaRiver.”

The NGO Platform, of which BAN is a part, is seeking an “Off the Beach Commitment” from all enterprises utilizing shipping. This Commitment entails agreeing to ensure that the ships used by a company directly or under contract, do not find their way to the beaches of South Asia at end-of-life.

Scrap Industry E-Waste Export Claims "Sadly Mistaken"→

Two waste firms fined in illegal export case→

Two waste companies have been fined £5,000 each after an illegal shipment of mixed waste destined for India was stopped at Felixstowe Port by Environment Agency officers.

In a case heard at Norwich Magistrates Court on Thursday (October 6), Nuneaton-based waste carrier and broker Williams Recycling (UK) Ltd pleaded guilty to transporting mixed waste to India without the pre-written notification and consent of the authorities. The company was fined the maximum penalty of £5,000.

The material came from Norwich-based waste paper recycling MW White (Norwich) Ltd, which had described the waste as ‘mixed paper’. MW White pleaded guilty to mis-describing the waste on its waste transfer notes and was also fined the maximum penalty of £5,000.

The companies were also ordered to share full costs, which amounted to £6,655 each.

The waste was in a shipment of 10 containers stopped during a routine inspection by Environment Agency officers in January 2010. In total, 225 tonnes of waste was discovered, much of it very smelly from rotting food and nappies among other waste such as plastic, tin cans and textiles. There was also some waste paper.

Prosecuting, Mrs Miriam Tordoff told the court it would have been difficult to recover waste paper and cardboard in an environmentally sound manner from the non-waste paper items.

“Waste was not sorted or checked before it was loaded,” she said. “Had a procedure been in place to check the waste before loading and transporting, these offences could have been avoided.”

The 10 containers were loaded at a site in Station Road, Ketteringham where MW White operates and Williams Recycling was listed on each of the export delivery notes that went with the containers to Felixstowe Docks as the person arranging the shipment. The company was also listed as the customer on each of the waste transfer notes that White completed for each container.

Basel Convention

Magistrates were told that the Basel Convention of 1992 had been ratified by 172 countries, including the UK and India, to control the growing transfrontier movement of hazardous waste and other waste to protect human health and the environment.

Europe brought in similar legislation in 1993 with similar aims and setting out a system controlling what wastes can be exported outside the EU. The UK ratified the European law in 1994 with the Transfrontier Shipment of Waste Regulations, which were subsequently amended in 2007.

These Regulations prohibit the movement of mixed wastes to certain countries, including India, without going through a detailed permission procedure to ensure the waste is dealt with properly. The procedure also requires contracts to be in place, insurance and financial guarantees in case things go wrong.

Duty of Care

The court was also told that under the Environmental Protection Act 1990 there was a duty of care to supply a written description of the waste to enable the person receiving it to avoid committing a waste offence. MW White transferred waste within 10 shipping containers without providing an accurate description of their contents.

Paul White, managing director of MW White, told investigating officers that waste was collected from local authorities, businesses, schools and charities. He accepted that the company had not made any checks on the suitability of the waste to be exported.

Susan Williams, sole director of Williams Recycling, told officers she was expecting the material to be mixed waste paper and no-one had looked at the waste before it was loaded.

Charges

The exact details of the charges the two companies pleaded guilty to are as follows:

M W White (Norwich) Ltd:

1.        Between 12 January 2010 and 19 January 2010 you, being a person who keeps and treats controlled waste, failed to comply with the Duty of Care imposed by Section 34(1) and (5) of the Environmental Protection Act 1990 in that on the transfer of such waste, you failed to ensure that there was transferred such written description of the waste as would have enabled other persons to avoid a contravention of Section 33 of the said Act and to comply with the Duty under Section 34(1) of the said Act as respects the escape of waste.

Contrary to section 34(1)(c)(ii) and (6) of the Environmental Protection Act 1990

Williams Recycling (UK) Ltd:

1.        Between 12 January 2010 and 19 January 2010, and by virtue of Article and 37(5) of the European Waste Shipment Regulation EC 1013/2006, you transported mixed waste, to India, a country to which the OECD decision does not apply, without the procedure of prior written notification and consent of Article 35 of said European Regulation

Related links

Environment Agency – waste export

Contrary to Regulations 23B(2) and 58 of the Transfrontier Shipment of Waste Regulations 2007

• When contacted by letsrecycle.com this morning (October 10), MW White had no comment to make on the case.

Two Charged in Federal Indictment With Dumping E-Waste Illegally Overseas→

The top two executives from Evergreen, Colo.-based Executive Recycling Inc. each face up to 52 years in prison on wire fraud and other charges stemming from allegations they illegally shipped hundreds of thousands of lead-laden CRTs and other e-waste to China, according to a fed-eral indictment handed down Thursday in U.S. District Court in Denver. Executive Recycling was the firm profiled in the November 2008 60 Minutes expose on clandestine e-waste exports to devel-oping countries. Executive Recycling CEO Brandon Richter and Vice President of Operations Tor Olson shipped more than 300 container-loads of e-waste to China between 2005 and 2008, the indictment said. "Approximately 160 of these exported cargo containers contained a total of more than 100,000 CRTs." Richter and Olson did so in violation of the federal Resource Conversation and Recovery Act, which bars "the export of hazardous waste to another country without first filing with the EPA a written notification of intent to export and obtaining the consent of the receiving country," the in-dictment said. Neither Richter nor Olson nor their attorneys responded to our requests for comment on the indictment.

Richter and Olson "knowingly devised and intended to devise a scheme to defraud various business and government entities who wanted to dispose of their e-waste," the indictment said. They pocketed $1.8 million by selling the e-waste to unscrupulous "brokers" in China, collecting the money through international and interstate wire transfers, it said. They also "falsely advertised to customers that they would dispose of e-waste in compliance with all local, state and federal laws and regula-tions," it said. They also "falsely represented" that they would not send the e-waste overseas and fal-sified records to thwart investigators, it said. Prosecutors won't seek to have Richter or Olson jailed while they await trial, the indictment said.

The Basel Action Network, which originally investigated Executive Recycling and later per-suaded CBS to run the 60 Minutes segment, hailed the indictment as "the first instance that criminal charges have been brought against an e-waste exporter." The indictment "is a major victory for global environmental justice," said BAN Executive Director Jim Puckett. "Even before we have a U.S. law in place to explicitly prohibit this dumping on developing countries, the U.S. government’s criminal justice system has recognized the massive toxic trade we first discovered in 2001 as fraudu-lent, as smuggling, and as an environmental crime. Now these sham recyclers are warned: their shameful practices can land them in jail."

Executive Recycling "is just the tip of the e-waste iceberg," said Puckett. "They are but one of hundreds of fake recyclers who sell greenness and responsibility but in fact practice global dumping. This is why we must pass federal legislation prohibiting this activity."

"This is great work by the federal agencies to bring these criminal charges against a fake recycler –– one who looked right into 60 Minutes’ TV cameras and denied being an exporter," said Barbara Kyle, na-tional coordinator of the Electronics TakeBack Coalition. It’s a "common practice" in the industry to export e-waste to developing nations without any concern for the harm it causes, she said. "But currently it’s only illegal to export CRTs from the U.S. –– not the lengthy list of other e-waste that we are currently dumping on poor countries abroad," Kyle said. She urged Congress to pass legislation "that would make all this e-waste dumping illegal." The CEA declined comment on the indictment. The Institute of Scrap Recycling Indus-tries didn’t comment by our deadline. — Paul Gluckman

Energy Efficiency

Eton Corp. debuted the Mobius, a rechargeable battery case with a solar panel. Designed for the iPhone 4, the rechargeable battery case features a monocrystal solar panel that needs only one hour in the sun to provide an additional 25 minutes of talk time, the company said. —— Regulators should set specific smart meter "installation and functionality" targets to speed de-ployment of smart grid applications, said Chris King, chief regulatory officer at eMeter, a smart grid platform provider. Government leaders should "leverage policies to allow the market to deliver crea-tive solutions in order to fully achieve their smart grid goals," he said in a statement. He said the EU’s policy of 80 percent meter installation by 2020 and 100 percent by 2022 is "one prominent ex-ample of forward thinking national policy." While having "visionary" renewable energy standards and smart grid implementation policies on a state-level, the U.S. lacks a "cohesive national policy for the country to reach its smart grid goals," he said.

E-Waste

Experts will look at the "shifting recycling markets" for electronics and rigid plastics at the North-east Recycling Council’s (NERC) fall conference in Northampton, Mass., Oct. 25-26, the group said. Scheduled speakers include Jason Linnell, executive director of the National Center for Electronics Recy-cling; Eric Harris, director of government affairs at the Institute of Scrap Recycling Industries; Kim Holmes, a consultant to R2 Solutions; and Cindy Couts, president of Sims Recycling Solutions. Issues are to include the impact of third-party certification on electronics recycling business and issues relating to the export of used electronics plastics, NERC said. 

Federal Actions

Worldwide energy consumption will grow 53 percent between 2008 and 2035, with much of the increase driven by strong economic growth in the developing nations, especially China and In-dia, the federal Energy Information Administration said. "China and India account for half of the projected increase in world energy use over the next 25 years." China, which only recently became the world's top energy consumer, is projected to use 68 percent more energy than the U.S. by 2035, said Acting EIA Administrator Howard Gruenspecht. Renewable energy is projected to be the fast-est growing source of primary energy over the next 25 years, but fossil fuels will remain the domi-nant source of energy, EIA said. 

Industry Notes

The IEEE said a global standard for smart grid energy and IT interoperability was approved and published. IEEE 2030 sets up a "globally relevant" smart grid interoperability reference model that can be used by utilities, device makers, governments who are crafting regulations, and by other standards development organizations, it said. "IEEE 2030 is poised to support the accelerated roll-out of the smart grid and realization of the revolutionary benefits — greater consumer choice, im-proved electric-system reliability and increased reliance on renewable sources of energy — that it promises for the people worldwide." Work has started for IEEE 2030 extensions, it said. They are IEEE P2030.1, a guide for electric-sourced transportation infrastructure; IEEE 2030.2, a guide for interoperability of energy storage systems; and IEEE P2030.3, a standard for test procedure for electric energy storage equipment. 

International

India’s spending on green IT and sustainability initiatives will double from $35 billion in 2010 to $70 billion by 2015, said a Gartner report. Green IT and sustainability trends are finding their way into the IT departments of many industries in India, the report said. The country’s ICT industry will be an "early adopter of green IT and sustainability solutions as India is one of the fast-est growing markets in terms of IT hardware and communications infrastructure consumption," said analyst Ganesh Ramamoorthy. The banking and financial services, hospitality, manufacturing and other industries will also join the green IT tend early in India, the report said. In other sectors, ad-dressing energy, carbon and resource efficiency is still in the early stages, it said. 

Trends

Consumer understanding and acceptance remain the "biggest obstacles" to smart grid imple-mentation, said a study by the Association of Energy Service Professionals (AESP). More than 90 percent of respondents to the survey of professionals in the energy efficiency sector of the industry said the consumer didn’t understand what’s meant by the smart grid. The resistance to smart meter remains high, the study said, and that "presents a challenge to bringing online the more sophisticated back-end, less visible elements of the smart grid." More than half the respondents said "customer resistance to smart metering technology will be a significant factor in slowing implementation of the smart grid," it said. "Clearly there is a lot of confusion about what is meant by the term smart grid," said AESP CEO Meg Matt. "That means we need to do a better job of explaining what the smart grid is and isn’t." 

Executive Recycling Owner Facing Federal Charges→

A Colorado company that was the focus of a 60 Minutes investigation is at the center of federal charges. Executive Recycling, its owner and a former vice president of operations were named in a 16 count indictment on Friday. The company used to operate out of Englewood at 1630 West Evans. Now the business at that address is Techcycle, which is owned by Brandon Richter. Richter is also the owner of Executive Recycling, named in the federal indictment.

Nearly three years ago, CBS News anchor Scott Pelley followed the trail of illegal exports around the world to Asia. 60 Minutes found that electronics people thought were being recycled, actually ended up in a dump in China where it was contaminating the water and air of people who live there.

RELATED STORY: 60 Minutes “Following The Trail Of Toxic Waste”

Executive Recycling, Richter and former vice president Tor Olson are charged with environmental crimes involving export hazardous waste, destruction and falsification of records, wire and mail fraud.

The indictment alleges more than 100,000 Cathode Ray Tubes, CRTs, which contain lead, were illegally shipped over a three year period to foreign countries, including China.

The indictment states, “The defendants falsely advertised to customers that they would dispose of E-waste in compliance with all local, state and federal laws and regulations.

It’s alleged the defendants made $1.8 million in the illegal activity. The indictment is a result of a two and a half year federal investigation.

A conviction on just the wire fraud could bring up to 20 years in prison and a fine of $250,000.