Local recycling company is fighting a lawsuit originally aimed at a downstream company

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Electronic recycling is well regulated by the DEC and Mike Whyte, the owner of EWASTE+ has been working closely with local, state, and federal regulations since he started his Rochester electronic recycling company back in 1995. 

His company is certified under several voluntary standards including R2 and RIOS. Millions of pounds funnel through his facility. 

The company does accept Cathode Ray Tube (CRT) TVs that each carry around 7-10 lbs of lead. They leave those TVs assembled and send it to other certified recyclers that can rid of the material in a sustainable way. For a short period of time, they sent the TVs to a certified recycler, Closed Loop Refining in Ohio.  

“We engaged Closed Loop and monitored them for four years,” said Whyte, “And eventually they went out of business in 2016.”  

Closed Loop was unable to stay afloat in the 300,000 square foot facility that was owned by Garrison Southfield Park. Once the recycling company left, Garrison was left with a facility full of CRT’s. There was no pollution, but the TV’s were not going anywhere. The company sued Closed Loop. 

“Garrison was successful in suing closed loop and they claimed a large financial judgment against them. Unfortunately, Closed Loop doesn’t have the money to pay Garrison.” 

Now in 2019 Garrison is suing again. This time 70 recyclers including EWASTE+ that has already paid millions shipping CRT’s to Closed Loop while they were a certified recycler.  

“It absolutely frustrates me,” said Whyte. His company has had to pay thousands in lawyer fees. “We’re answering questions from the Ohio EPA, and that is part of the process. We have a lot of paperwork that proves our downstream due diligence.” 

An investigation continues into why Closed Loop went out of Business. News 8 reached out to Garrison Southfield Park twice with no response.  

 Rochester based electronic waste company Sunnking is also listed in the lawsuit to have shipped CRT’s to Closed Loop. When asked for a response, the company said, “We have no comment at this time.” 

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