Jack owns land located outside Metro City. Jack sells the land to Quality Disposal, Inc., which establishes a hazardous waste disposal facility at the site. Quality Disposal accepts only waste transported by Regional Trucking Company exclusively from Consolidated Industries, Inc. Several years later, Quality Disposal closes its facility and sells the land to Price Rite Corporation, which builds a Price Rite Discount Store on the site. Meanwhile, some of Metro's citizens complain to the Environmental Protection Agency (EPA) that Metro's municipal water supply is polluted. The EPA investigates and discovers that the sources of the pollution are leaks of hazardous waste from what is now the Price Rite property. The EPA cleans up the site. Who can be held liable for the cost of cleaning up
the site? What standards must Metro meet regarding the water?
What will be an ideal response?
Quality Disposal, Regional Trucking, Consolidated Industries, or Price Rite may be held liable for the cost of cleaning up the site. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund, the EPA can recover the cost of cleaning up a leaking hazardous waste disposal site from the party who generated the waste disposed of at the site, the party who transported the waste to the site, the party who owned or operated the site at the time of the disposal, or the current owner of the site. These potentially responsible parties are jointly and severally liable: a party who generates only a fraction of the waste, for example, can be held liable for the entire clean-up cost. Of course, whoever is held liable for the cost can bring a contribution action against any other person who is, or who may be, liable for a percentage of the expense. Under the Safe Drinking Water Act, Metro, as an operator of a municipal water supply system, is required to meet the EPA's standards for the levels of pollutants in public water systems. Metro must use the best available technology that is economically and technologically feasible to meet these standards.
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