BAN announced Tuesday that the Chicago Heights, Ill.-based electronics recycler would be denied its e-Stewards certification based on "compelling evidence that Intercon Solutions has been engaged in exporting hazardous electronic waste to China."

Shortly after BAN's statement, R2 Solutions announced that based on information provided by BAN, it had delisted Intercon Solutions-a decision approved by its board of directors Thursday-from its directory of recyclers and asked its certifying body to assess the matter and determine further action.

BAN alleged that on two occasions its investigators photographed and tracked ocean containers of electronic waste leaving property leased by Intercon Solutions on its way to China. The watchdog group said it alerted the Hong Kong Environmental Protection Department, and since the shipment allegedly contained hazardous waste it was subsequently returned to the United States.

"Hong Kong law forbids the importation of hazardous waste electronics such as cathode ray tubes and batteries," BAN said. "Further, the import by developing countries of such wastes from the United States is also illegal under the United Nations' Basel Convention."

BAN said such exports also could be violations of the federal Resource Conservation and Recovery Act and Illinois state law, and were a direct violation of its e-Stewards Standard. A source at R2 Solutions said it took preliminary action because such exports violate both U.S. and Hong Kong laws.

However, Intercon Solutions attorney Cathy Pilkington told AMM on Wednesday that the company had filed a lawsuit in Cook County (Ill.) Circuit Court seeking disclosure of information about the shipments than BAN claimed belonged to the company.

"While Intercon Solutions has the highest respect for BAN's mission, Intercon Solutions has reviewed BAN's findings and the evidence in no way justifies BAN's conclusion that Intercon Solutions exported the alleged hazardous waste," the company said after it filed the lawsuit.

Intercon Solutions maintains that it did not deposit the ocean containers on the leased premises and has no record of them being on the premises.

"Intercon Solutions did not own the ocean containers, did not load them with hazardous waste and did not ship anything in them nor cause them to be transported," the company said. "Intercon Solutions maintains that such action could have only been accomplished by trespass on its property, and that the actions of the trespasser created a nuisance entitling Intercon Solutions to sue for disclosure and for losses it may suffer as a result."

From evidentiary reports provided by BAN, Intercon Solutions said it believes that CMA CGM (America) LLC, Norfolk, Va., was involved in making the shipping arrangements for the trucking, rail and ocean freight of the containers.

BAN has provided AMM with a copy of a computer screenshot that it claims shows the shipping company's online tracking system for one container in question.

Since Intercon Solutions was not the customer, it cannot obtain information concerning the shipments and the documentation without a court order, Pilkington told AMM on Wednesday.

Through the lawsuit, Intercon Solutions is seeking an order from the Illinois court directing CMA CGM to disclose the identity of the shippers to whom the shipments were directed, who was responsible for payment, the contents disclosed in shipping documentation and other information.

BAN said the final decision to deny certification took place only after an on-site audit had been conducted and after direct discussions between BAN and Intercon Solutions failed to convince BAN that Intercon Solutions had not exported the containers.

"We gave them enough opportunity to respond to the findings of our investigation and only took the action when Intercon Solutions continued to deny that exports investigated belonged to the company despite our evidence-which we provided the company-suggesting otherwise," Jim Puckett, BAN's executive director, told AMM.

R2 Solutions said it took the action to delist the company after reviewing information "strongly suggesting Intercon Solutions violated key provisions of the R2 Standard. This information was gathered by BAN and shared with R2 Solutions. It documents alleged violations of law concerning the export of focus materials."