Chapter 21: Solid, Toxic, and Hazardous Waste

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 Landlls receive most of our waste Incineration produces energy but causes pollution

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 Demanufacturing is necessary for appliances and e-waste Reuse is even more efcient than recycling Reducing waste is often the cheapest option

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

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

Superfund Sites 2008

Love Canal 1890s: William T. Love planned a power generating canal around Niagara Falls In 1920s canal used for dumping by city of Niagara Falls In 1942 Hooker Chemical granted right to dispose of waste in canal.

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

Hooker Chemical and Love Canal Love Canal waste buried 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

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

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

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 – Cant 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

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