Property managers are excellent jugglers. Between balancing the demands of tenants and ensuring maintenance needs are addressed, they have a lot on their plates.
Yet even the most seasoned managers understand there is always the potential for issues you may not see coming. And most property managers likely won’t see what’s shaping up to be a major issue - one that could land you in trouble with environmental regulators.
During the beginning of the COVID-19 pandemic, businesses rushed not only to manufacture hand sanitizer but also to stock their shelves with the bottles and sprays that were in hot demand. Businesses that had no track record of manufacturing healthcare products before stepped up, from distilleries to cosmetic companies.
That surge in production generated a surplus of hand sanitizer, and eventually, hospitals and healthcare facilities had all the hand sanitizer they needed, and any individual citizen could easily find a bottle on store shelves.
Fast forward a couple of years, and now there is a new problem - one that could affect property managers who rent storage space, warehouses and other locations. Expired hand sanitizer that can no longer be sold and must now be disposed of.
Why is that a problem for properties where these excess pallets of hand sanitizer are being stored? If you manage one of these properties, you’ll want to pay close attention to why this could be your next big legal headache.
Property managers must be vigilant if tenants store large quantities of hand sanitizer on the premises. The accumulation of flammable substances like hand sanitizer poses a potential fire hazard if not stored properly.
Hand sanitizer also contains chemicals that can be harmful to the environment if not disposed of correctly. Improper disposal, such as pouring it down drains or disposing of it in regular trash, can lead to soil contamination, water contamination and harm to wildlife.
As much as you may trust your tenants, it’s important to be mindful of the possibility that tenants may engage in illegal activities involving hand sanitizer, such as reselling expired markets on the grey market or improperly disposing of them.
A record-setting $6.6 million penalty is proof that the law eventually will catch up to you. The Oklahoma Department of Environmental Quality (DEQ) received citizen complaints alleging the improper storage and disposal of hand sanitizer at facilities managed by businessman Brannan Bordwine and the Bordwine Development company.
Court documents showed that Brannan Bordwine had a lease with Blessed Chickasha Collective for one of the properties. In 2023, that site owner filed a lawsuit against Bordwine’s firm for breach of contract for the improper storage, transporting and handling of the hand sanitizer after a fire broke out at the facility and destroyed the property.
You can read more about this case in our article, Waste Not, Want Not: The Shocking Truth About Hand Sanitizer Disposal.
Even if you avoid a situation where improper storage of hand sanitizer leads to a fire, being unaware of these activities doesn’t get you off the hook. If they happen under your watch, your reputation could be damaged, or worse, you may be subject to heavy fines as well.
There’s also another issue as a property manager you may have to worry about. Tenants vacate properties all the time. If they leave behind surplus hand sanitizer, you could find yourself in a precarious situation. As we pointed out, improper disposal isn’t an option, so you’ll have to ensure the hand sanitizer is safely disposed of according to hazardous waste regulations. And that can be a costly problem.
So, what can you do as a property manager to protect your properties and reputation?
Establish clear guidelines regarding the storage and disposal of hand sanitizer and other hazardous materials to mitigate any potential risks and liabilities. Regular inspections and communication with tenants can help ensure compliance with these guidelines and prevent any unwanted consequences.
Another action you can take is to establish a relationship with a hazardous waste disposal company. As businesses continue to find themselves in need of services to dispose of surplus quantities of hand sanitizer, having this service readily available can be convenient for your tenant and help prevent any temptation of illegal disposal.
A reputable hazardous waste disposal company often offers standby services in the case of an emergency, so if a spill, fire or other hazards does occur, you can quickly mitigate any further risk to the environment or surrounding community.
When selecting a hazardous waste disposal company, there are several factors to consider.
Ensure that the company is licensed and compliant with all relevant regulations governing the disposal of hazardous materials. This includes certifications from environmental agencies and adherence to local, state and federal guidelines.
The California Department of Toxic Substances Control (DTSC) maintains an updated Registered Hazardous Waste Transporter Database. Even after you confirm that a partner you are considering is on this list, routinely conduct annual audits of vendors handling your hazardous waste to ensure their registration hasn’t lapsed. A hazardous waste transporter registration is valid for only one year.
The disposal company also should be experienced in handling the type of waste generated on your properties, including hand sanitizer disposal. Look for a partner with a proven track record of reliability and professionalism. This includes prompt response times, efficient handling of materials and adherence to safety protocols to minimize risks during transportation and disposal.
Inquire about the company's environmental policies and commitment to sustainability as well. Choosing a disposal company that prioritizes environmentally responsible practices can help minimize the impact of hazardous waste on the environment and community.
Property managers can mitigate risks by establishing a relationship with a reputable hazardous waste disposal company. Prevention is key to safeguarding both their properties and reputation and a hazardous waste disposal company can help ensure both stay intact.