Question

Which of the following was the result in the Case Opener, the case in which the company was found to have generated waste with excessive concentrations of PCBs?

Multiple Choice

• That the company had no liability because it had not intentionally generated the waste.

• That the company was liable because it failed to monitor in a manner that would have revealed the waste in a timely manner.

• That the company had no liability because it was the responsibility of the federal government to clean up the waste.

• That the company was liable under federal law because it failed to clean up the hazardous area in a timely manner.

• That the company had no liability because it was the responsibility of the state government to clean up the waste.

Answer 1

C. That the company was liable under federal law because it failed to clean up the hazardous area in a timely manner.

It was company's responsibility to clean up the waste since they were the ones responsible for creating it. As per federal law, that waste was hazardous to health as it contained fumes of PCBs which makes it Case Opener's responsibility to clear it in a reasonable time.

Since they were unable to clear up the contaminated areas, it was held that the company was liable under federal law.