October 2014 - Retailers should prepare for potential enforcement initiative by Connecticut DEEP
In 2013, CVS entered into an agreement with the Connecticut Department of Energy and Environmental Protection ("DEEP") to resolve alleged violations of DEEP’s hazardous waste management regulations and recycling laws. Ultimately, CVS agreed to pay penalties of $800,000 in addition to correcting the alleged violations.
It has come to our attention that DEEP may be developing an enforcement initiative directed at the retail industry. As a result, and in light of the significant penalties faced by CVS, we have prepared this alert to remind our retail clients of requirements under hazardous, solid, and universal waste regulations and other environmental laws. These obligations may include registration with DEEP, obtaining applicable permits, creating management plans, and/or training employees.
In particular, the following activities (among others) may trigger obligations under environmental laws:
•Disposing of: non-saleable consumer products; recalled consumer products (for example, products recalled for lead content may be considered hazardous waste); fluorescent bulbs, self-luminous EXIT signs; fats, oil, and grease; old electronics; materials that are considered recyclable by the State;
•Construction of new retail locations or expanding current ones;
•Managing on-site pesticide use, storage, or sale;
•Storing of hazardous materials and hazardous wastes, such as photographic processing chemicals, certain cleaning fluids, or pharmaceuticals;
•Storing and using fuel oil (including heating oil) in underground or aboveground storage tanks;
•Operating or managing a "take back program" where consumers can bring unused product(s) back to the store where sold; or
•Operating a commercial facility with five acres or more of continuous, impervious surface (which includes roof area and all paved areas).
If you have any questions or would like assistance in evaluating your environmental obligations, please contact Patricia L. Boye-Williams at firstname.lastname@example.org or any member of our Environmental Practice Group.