CRIMINAL AND CIVIL LIABILITIES

In the United States the laws relating to oil spill clean ups and hazardous waste are complex and constantly being changed and updated. A variety of federal, state and local laws and regulations apply to the generation, transportation, treatment, storage, and disposal and clean up of wastes and hazardous materials. The requirements differ for land and water contamination. Enforcement of these laws varies from state to state. A particular spill situation can fall within the jurisdiction of a multitude of government agencies. The result is that an alleged offender can face enforcement and penalty action from numerous sources. Multi-million dollar penalties and settlements are increasingly evident in pollution cases and jail sentences have been handed down.

Under existing laws at least one toxic waste offender has been reported to have been sentenced to a jail term. As of April 1992 new laws in the U.K. have imposed a new Duty of Care on anyone who produces, imports, stores, treats, processes, transports, recycles or disposes of any household, commercial or industrial waste. Not only can major fines result from a breach of this duty there is a strong possibility that the E.C.’s “fifth environmental action program” will impose civil liability for damage caused by the waste. As of 2024 new “Ecoside” Laws have begun, Belgium became the EU frontrunner in the fight against Ecocides by being the first EU member state, to criminalize Ecocide, in the new Belgian Criminal Code. Belgium also became the first member state, to recognize Ecocide as an international crime, alongside war crimes, genocide, crimes against humanity, and crimes of aggression. Brazil and Vietnam have also enforced this same law for their countries. Using the wrong absorbents will become culpable.

In addition the public will have increased access to information (as they have had in the United States for many years) and individuals and public interest groups will have greater access to the courts to enforce their environmental interests. Increasing public awareness of environmental issues means that these new laws will be more strictly enforced, thereby requiring us to rethink how we deal with contamination problems. What will be required in the future are services and products that provide safe, effective, cost efficient methods for responding to oil and other spills on land and water and for cleaning up and disposing of contaminates.

Peat Sorb products provide safe, efficient, cost effective methods for responding to spills on land and water and for cleaning up and disposing of contaminates, reducing exposure to both civil and criminal liabilities.

ENVIRONMENTAL, FACTORS NEW ATTITUDES AND LAWS

Over the past few years, major oil spills and the removal of hazardous contaminates from the industrial workplace have received a high level of attention. In North America both government authorities and businesses have been put under increased public pressure to improve their environmental performance.

Although not as far advanced as in America this trend is becoming evident in Europe as well. In all of the industrialized countries of the Western world there is a major emphasis on waste reduction and water and air quality. On the practical level this emphasis has been translated into new legal and moral codes of environmental responsibility.

These codes do not apply only to fresh oil spills. Increased concerns over the cleanup of contaminates that were dumped and neglected for many years have led to requirements for environmentally safe and effective clean up services, equipment and products. These new laws affect every phase of the clean up process.

CLEAN UP & DISPOSAL

Clean up of hydrocarbons, PCB’s, resins, and fatty acids are difficult for numerous reasons. Recently enacted laws and directives in all jurisdictions affect and restrict tried and true methods of the way we contain, control, pickup, transport and dispose of contaminates. These new regulations bring increased liabilities for waste producers, landfill and incinerator users and everyone involved in the clean up process. Gone are the days where once the ‘contaminates were picked up, we could breathe a sigh of relief and go back to the business at hand.

In addition to new liabilities major expenses now accompany all spills. The same is true of the storage, transportation, and disposal of contaminates. In some jurisdictions over one half of the total cleanup cost is for disposal alone. Over the next few years, disposal costs will increase significantly. New laws governing disposal methods leave few disposal options This creates higher storage fees, insurance costs and legal fees, particularly in the event of litigation In some cases, “disposal laws” may be retroactive, requiring additional clean up of landfill sites.

In Britain 90% of all waste is land filled; somewhat less in North America, in part because of the success of recycling programs. New landfill space is difficult to find even for non-hazardous waste. Municipal trash and contaminates labelled non-hazardous are often shipped long distances to their final destination Hazardous waste landfills are expensive and are also subject to changing legislation, in the future storage of contaminates will become more difficult. Ground water contamination in landfills and leaks from underground fuel tanks pose serious environmental problems.

The anticipated European Community Landfill Directive will impose new standards for waste disposal and landfill design. Liquid wastes may be banned completely from landfill. Sorbents like Peat Sorb will be particularly useful because they stabilize and solidify liquid waste and provide a medium within which the contaminants can biodegrade without leaching. This will be particularly important since both the operator of the site and the clients of the site may be liable for any adverse environmental effects.

With PEAT SORB      Without PEAT SORB 

Liability for contaminates in a hazardous landfill may extend to the landfill owner and all of his clients and their hazardous waste. Serious efforts are underway in most Western countries to reduce the volume of hazardous materials disposed of in landfills. As a result, landfill owners will be able to charge a premium for space. They will also have to become increasing selective on the types of contaminates stored at their site, going as far as rejecting clean up products made of synthetic materials that add to contamination problems.

All aspect of the process must be taken into account when considering the cleanup of spilled materials. Equal consideration must be given to emergency response, containment, control, pick up, storage, transportation and disposal. All of these steps are regulated by different laws that are changing rapidly. Products utilized in cleanup must conform to laws regulating transportation and disposal. Sorbents must have the flexibility to work under a variety of clean up conditions and quickly clean up different types of contaminates. Using sorbents that cause additional disposal problems can be both counterproductive and costly.

Peat Sorb has passed tests to be used by Pemex and the Panama Canal Authorities. No matter how strict government regulations become or the tests become, Peat Sorb will always pass. Peat Sorb is 100% natural, no additives, no chemicals and does not leach. Peat Sorb absorbs on contact on land and water. On water, Peat Sorb can float for days attracting hydrocarbons through its wicking and capillary action drawing into its cellular structure the hydrocarbon, to replace where the cells were once full of water. Higher performance and less waste happens with Peat Sorb every time.