Kendall Toxic Waste Dumping Charges – What Lawyers Should Know
The Scope of the Violations
Prosecutors allege that the company dumped over 5,000 gallons of toxic waste over a five year period. The chemicals reportedly included benzene, styrene, and acrylonitrile – known carcinogens and hazardous materials.
Beyond the sheer volume, the method and location of dumping may constitute additional violations. Dumping directly into a local waterway skirted regulations for proper hazardous waste disposal. And the canal’s proximity to homes raises major health and environmental concerns.
Applicable Regulations
Companies that generate hazardous waste have a duty to dispose of it responsibly under federal and state laws, including the Resource Conservation and Recovery Act (RCRA). Improper dumping can lead to civil and criminal penalties.
In this case, violations likely include failure to properly label, store, transport and dispose of the waste. There may also be charges related to falsified documentation regarding the waste disposal.
The impacts on the local watershed could also fall under the Clean Water Act and state water protection regulations.
The Human Impact
Beyond the legal implications, the human impact for local residents exposed to the chemicals cannot be understated. Families who live near the canal are rightfully concerned about health issues like cancer that may have been caused by long-term contact with the waste.
Medical monitoring and potential personal injury claims could become necessary. And the emotional toll of fear and uncertainty has undoubtedly taken its own toll on the community.
Company Liability
The plastics company will need to account for the actions of its executives, managers, and employees that led to the dumping. Even if not directly involved, company leadership could face criminal charges related to the violations.
In addition to fines and penalties, the company will likely need to pay for environmental remediation in the canal and surrounding areas. Costs could escalate further if residents pursue personal injury lawsuits.
The case may also spur investigation into the company’s waste disposal practices at other facilities. Any additional violations could compound penalties and damages owed.
What Should Companies Do?
- Implement clear policies and procedures for waste disposal
- Train employees and managers on proper handling procedures
- Perform regular audits and inspections of waste storage and transport
- Consider environmental impact and community well-being, not just minimum compliance
Mistakes and negligence can have drastic consequences. But by taking a proactive approach, companies can prevent issues before they occur.
Defense Strategies
For the company charged, their legal defense team has their work cut out for them. They will likely try arguments like:
- The chemicals dumped were not classified as hazardous at the time
- Employees acted without company approval or knowledge
- Regulatory standards are unclear or inconsistent
- Other entities contribute contamination to the watershed
However, given the extent of the violations, the harm caused, and evidence of falsified records, any defense strategy faces an uphill legal battle.
What Should Residents Do?
Local residents have experienced stress, anxiety, and health impacts that cannot be minimized. As the case proceeds, affected families should consider taking actions like:
- Seeking medical assessments to document exposure impacts
- Joining class action lawsuits for medical monitoring and other damages
- Forming community groups to advocate for just outcomes
- Attending public meetings and hearings to make voices heard
- Reaching out to local leaders and media to raise awareness
While the dumpers need to be held accountable, residents also need support to deal with the consequences inflicted upon them through no fault of their own. Public advocacy and legal strategies can help the community seek justice.
The Kendall toxic dumping case has far reaching implications, but it also shines a light on the need for tighter regulation, corporate responsibility, and community advocacy when public health is on the line. Lawyers and legal experts have an important role to play in reviewing the details, interpreting the laws, and helping guide appropriate outcomes. By understanding the full context around cases like this, the legal profession can advance justice for victims of environmental crimes.