Chapter 21: Solid, Toxic, and Hazardous Waste

1. Chapter 21: Solid, Toxic, and Hazardous Waste

2. 21.2 Waste Disposal Methods • Open dumps release hazardous materials into air and water • Ocean dumping is nearly uncontrollable • We often export waste to countries ill-equipped to handle it • Landfills receive most of our waste • Incineration produces energy but causes pollution

3. 21.3 Shrinking The Waste Stream • Recycling captures resources from garbage • What Do You Think? Environmental Justice • Recycling saves money, materials, energy, and space • Commercial-scale recycling and composting is an area of innovation • Demanufacturingis necessary for appliances and e-waste • Reuse is even more efficient than recycling • Reducing waste is often the cheapest option

4. 21.4 Hazardous And Toxic Wastes • Hazardous waste must be recycled, contained, or detoxified • Superfund" sites are those listed for federal cleanup • Cleaning Up Toxic Waste with Plants: Phytoremediation • Brownfields present both liability and opportunity • Hazardous waste storage must be safe • What Can You Do? Alternatives to Hazardous Household Chemicals

5. Superfund • 1980: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) • Potential Responsible Parties • Current owner or operator • Owner or operator of a site at the time of disposal • Person who arranged for disposal • Person who transported contaminant to a site; must have also selected that site

6. Superfund Sites 2008

7. Love Canal • 1890’s: William T. Love planned a power generating canal around Niagara Falls • In 1920’s canal used for dumping by city of Niagara Falls • In 1942 Hooker Chemical granted right to dispose of waste in canal.

8. Hooker Chemical and Love Canal • Canal drained and lined with thick clay • Waste buried in 55 gallon drums • By 1952, 21,000 tons of waste buried • caustics, alkalines • fatty acids • chlorinated hydrocarbons

9. Hooker Chemical and Love Canal • Love Canal waste buried 20-25 feet deep • Hooker Chemical bought canal and buffer on either side • Disposal complied with law and good practice at the time • City of Niagara Falls later attempted to buy site for a school • Hooker refused to sell on safety grounds

10. Niagara Falls and Love Canal • Hooker took school board to site, conducted borings and demonstrated contamination • City insisted on buying site anyway • Hooker sold on condition that they be held blameless for any future problems

11. Niagara Falls and Love Canal • 1954: School site moved to avoid wastes • 1957: Sewers for subdivision breach wastes • 1977: Wet weather brings wastes to surface • 1978: Jimmy Carter declares emergency • 1995: Occidental Petroleum (which bought Hooker) settles for $129 million in damages

12. Changing the Rules • No bill of attainder or ex post facto Law shall be passed (Article I, Sec. 9) • Retroactive criminal law is flatly unconstitutional • Can’t change penalties or rules of evidence • Retroactive civil law is Constitutional • Some civil/criminal retroactive laws are legal • Courts can refuse to enforce illegal or “unconscionable” contracts

13. Criminal and Civil Law • Criminal Law • Huge disparity of power • Burden of proof on State • Innocent until proven guilty • Reasonable doubt • Civil Law • Parties may be nearly equal • Somebody is going to be unhappy • Preponderance of the evidence • Control of the Facts