Case Study

Barton operates a small waste disposal site which is permitted to treat, keep and dispose of building waste and wood. After advertising in the local paper, Barton attracts a number of new customers, mainly from local trade. He starts to make regular collections of waste from the textile, paper and food industry. Unfortunately, it is a very hot summer, and residents across the river from Barton's premises start to complain about the smell from the dump. They threaten to report him to the Environmental Protection Agency. Barton ignores the threats and business continues as usual. One morning a truck turned up with a load of metal drums labelled in a foreign language. The driver left the consignment note for the load at the back of the office. Barton, though not expecting a consignment, decided to accept the load, saying he would sort out the money with the company later and assured the driver not to worry about the paper work. The driver had mistakenly called at the wrong site. The drums contained chemical waste which required skilful disposal. The load was intended for the landfill site further down the road, whose operators are licensed to take such waste. When the drums were unloaded a couple of them cracked. Barton left the leaking drums by the side of the fence adjacent to the river bank. Next day, an officer from the Environmental Protection Agency visits the site, wishing to inspect the premises. In due course, the Environmental Protection Agency had received complaints from members of the public who reported that the river has changed colour, and a number of dead fish had been seen floating on the surface.

Question: Discuss the potential liability of Barton's Disposal Company