COMPLIANCE INFO_2020 - Laserfiche WebLink

Home Browse Search

Response to Alleged Hazardous Waste Violation Office Depot Store 486, Stockton, CA September 4, 2020 Office Depot disagrees that the inspector's observations at the store on August 6, 2020 as outlined in the August 06, 2020 inspection report constitute a violation of failure to determine if a waste is a hazardous waste. We hope that by explaining our processes,you will agree: 1. The three (3) HP ink cartridges labeled "Damaged & Defective" were not and are not waste. They were not inherently waste-like and were being managed for return to the vendor (manufacturer)for credit. While the term "Damaged & Defective" is unfortunate when viewed with a RCRA mindset, it does not mean the items so labeled have been discarded or deemed waste. The term "Damaged & Defective" is retail industry jargon (albeit varying from retailer to retailer) referring to an inventory management processes, specifically removing an item of merchandise from the inventory records when the item will be sent back for vendor credit. Some retailers refer to this as a return to vender(RTV) or vendor credit process. Most commonly, ink and toner cartridges in "D+D" are customer returns with nothing wrong with them other than perhaps an open package;they just cannot be returned to the shelf. Ink and toner cartridges (both empty and non-empty) are high value because they can be easily refurbished by refilling, repackaged and relabeled. In Office Depot's process, the cartridges are refurbished and repackaged into manufacturer branding or Office Depot branding for resale. The process is detailed in the attached documents. In general,the process is: a. Stores ship back D+D items to its Distribution Center(DC) [for the Stockton stores,this is the Office Depot DC in Fremont CA]. The items are shipped under a Bill of Lading, and an itemized record of D+D items is maintained. Both of these facts speak to the value of the items in the D+D RTV process; that is,they are being tracked and managed as products of value—not waste. b. The DC consolidates the D+D containers on to pallets. When there are enough pallets for a shipment, OD transports them to Inmar's Fullerton, CA Return Center(RC). c. Inmar scans and evaluates each individual item, sorting them based on instructions most commonly from the vendor(manufacturer)—usually specific to the particular retailer-vendor agreement. In the case of the ink and toner cartridges,they are either returned to the manufacturer for refurbishment (refilling, repackaged and relabeled) or recycling Or to a third-party processor (Clover Technologies)for refurbishment or recycling. The determination of whether the item can be refurbished is made by the manufacturer or the third-party processor. In either case, the highest, best and most value-retaining use is refurbishment. 2. The boxes containing broken Apple iPhone screens were being stored prior to shipment to OD's vendor, Werx. Werx refurbishes or recycles the cell phone screens. The cell phone screens are not hazardous waste. They are Universal Waste— Used Electronics. Shipment by the generator via common carrier is acceptable for Universal Waste.The attached document, "Werx Repair: Broken and Defective Part Return Procedure," describes OD's process. Moreover, Office Depot has very recently suspended its cell phone repair service, and going forward any broken cell phone screens will be managed and disposed as Universal Waste—Used Electronics via our hazardous and universal waste hauler (Clean Earth/Stericycle) program. 1