Legal Definitions - arranger for disposal

An "arranger for disposal" is a term used in environmental law to identify a person or organization that can be held responsible for the cleanup costs of hazardous waste sites. This typically applies to an entity that, at the time hazardous substances were disposed of, either:

• Owned or possessed those hazardous substances, AND
• Took action to have them disposed of, or had a legal obligation to control their disposal.

This role is significant because an arranger for disposal can be held liable for environmental cleanup costs under federal laws like the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), often called "Superfund." CERCLA aims to ensure that those responsible for hazardous waste contamination bear the costs of cleanup.

Here are some examples illustrating how an entity might be considered an arranger for disposal:

• Example 1: A Chemical Manufacturer Sending Waste Off-Site
  A company that manufactures industrial chemicals produces a significant amount of hazardous liquid waste as a byproduct. The company contracts with a licensed waste management firm to transport and dispose of this waste at a designated hazardous waste landfill. Years later, the landfill is found to be leaking and causing groundwater contamination.
  In this scenario, the chemical manufacturer is an "arranger for disposal." They owned the hazardous substances (the chemical waste) and took action to have them disposed of by hiring the waste management firm. Even though they didn't physically dump the waste themselves, their decision and arrangement for its disposal make them potentially liable for cleanup costs under environmental laws like CERCLA.
• Example 2: A Property Owner Removing Old Equipment
  A real estate developer purchases an old, abandoned factory building. During renovation, they discover several large, outdated electrical transformers containing Polychlorinated Biphenyls (PCBs), a known hazardous substance. The developer hires an environmental remediation company to safely remove and dispose of these PCB-laden transformers.
  Here, the real estate developer becomes an "arranger for disposal." Although they didn't create the PCBs, they possessed the hazardous substances (the transformers containing PCBs) on their property and had an obligation to control their proper management. By hiring the remediation company, they arranged for the disposal of these hazardous materials, making them potentially responsible if the disposal later leads to environmental harm.
• Example 3: A Business Selling Contaminated Materials for Scrap
  An automotive repair shop decides to upgrade its facilities and sells off old, used car batteries and containers of spent motor oil to a local scrap metal dealer. The scrap dealer then improperly disposes of some of these materials, leading to soil contamination at their site.
  The automotive repair shop could be considered an "arranger for disposal." They owned or possessed the hazardous substances (used batteries and spent oil) and, by selling them to the scrap dealer with the understanding that they would be processed or disposed of, they effectively arranged for their disposal. Their knowledge or intent regarding the ultimate fate of these hazardous materials could establish their liability as an arranger.