Note: This web page is a part of DTSC's Mercury Lamp Disposal training course.
Cradle-to-Grave Responsibility
Waste mercury lamps are classified as “hazardous waste” under the law, even though the regulations for their management are much simpler than general hazardous waste management regulations.
Every generator of waste mercury lamps is responsible for those lamps from generation to their ultimate recycling or disposal. This extended responsibility is often referred to as “cradle to grave responsibility.”
As a generator of waste mercury lamps, your business is responsible for ensuring that its lamps are safely transported and recycled, even if another firm is paid to handle these activities.
If leakage from waste mercury lamps contaminates the land, every generator, transporter, and handler connected to the contaminating lamps is financially liable for cleaning up the contamination. Another person’s negligent or criminal actions do not change this liability.
Cleanup costs can be open-ended and very high. To avoid becoming liable for a future cleanup, businesses must practice “due diligence” in managing waste mercury lamps.
Due Diligence: the care that a reasonable person exercises under the circumstances to avoid harm to other persons or their property.
A detailed description of due diligence in waste management is beyond the scope of this website. Please contact your organization’s legal counsel for more information.
Basic responsibilities include:
- Sending waste mercury lamps to a recycler.
Do not dump waste mercury lamps on the side of the road or put them in the non-hazardous solid waste (trash). In addition to the penalties for violating the law, businesses may be held liable for cleaning up the mess. - Working with reputable lamp collectors and recycling facilities.
Consult your organization’s attorney on ways to ensure that collectors and recycling facilities are reputable.
For questions about content, please contact the Regulatory Assistance Officers at (800) 72-TOXIC (800-728-6942) or go to the Regulatory Assistance Office web page.