In response to the article today, Computers disposed of properly and cheaply, BU claims By Clynton Namuo, I’d like to make Administrators aware of several risks not being addressed by simply carting materials off to the recycler:
1 Data security risks have not been addressed in any manner and the loss of such data becoming public leads to other public and private liability.
2 When the University sells or donates computers away to third parties of any kind, they open themselves up to severe pollution liability should the third decide not to act responsibly in its own disposal practices. In such a case, the EPA would after the original owner regardless of the sale agreement.
Even if there were a waiver of liability assumed by the new owner – should a claim occur, and the third party is not capable of paying the claim, then the EPA would still go after the “deep pockets” for penalties of up to $15,000 per incident, up to $25,000 per day, plus clean up costs.
3 There is a way out however with a company like Green-Tech Assets in Cumberland, RI. They are one of the few companies that handles this liability with a clear transference of ownership – becoming the generator of the waste in legal terms, and is ready willing and able to litigate, settle and to otherwise pay a claim without the involvement of the client up front. In essence, the solution acts like a firewall against the bounceback liability.
There are fees for such protection but Fortune 1000 corporations seek this assistance because it saves time, money and resources while eliminating a whole menu of liabilities.
Compared to the exposure potential, BU should explore these options in favor of proper asset retirement procedure and risk management policy.
Additionally, should any of these assets still have value, Green-Tech Assets would remarket them and share the revenues with Boston University to maximize the Return On Investment for the assets. In many cases offsetting a large portion of the actual expense for the disposition and risk management services.
Bottom line, Boston University should explore operational procedures that eliminate, reduce or manage risk first, then compare it against the reduction of time, energy and resources that normally associate with preparing such assets for disposal in the first place.