Generators now have a new incentive to recycle materials that they might have otherwise disposed of as waste. The fundamental change in the law is to declare that making arrangements for recycling does not constitute making arrangements for disposal.
Additional requirements apply to particular materials.
For example, for transactions involving scrap metal, in addition to the foregoing criteria, the person arranging for recycling must demonstrate compliance with regulations or standards for recycling of scrap metal under the Solid Waste Disposal Act and must not melt the scrap metal prior to the transaction. For transactions involving batteries, the foregoing criteria must also be met and the valuable components of such batteries must not have been recovered. The law expressly provides that it does not affect any pending judicial actions initiated by the United States prior to enactment of this section. Thus, it is applicable as a defense in future actions by the U.S. and in pending actions brought by other parties. A saving clause asserts that the law is not intended to alter the rights or liabilities of other persons in any way.