Tuesday, December 31, 2013

Northeastern Pharmaceutical and Chemical Company (NEPACCO)

Times Beach, Missouri
Times Beach is a ghost town in St. Louis County, Missouri.
Once home to more than two thousand people, the town was completely evacuated early in 1983 due to a dioxin contamination that made national headlines. It was the largest civilian exposure to dioxin in the country's history.

The decision in United States v. Northeastern Pharmaceutical & Chemical Co. NEPACCO's corporate vice president (Leo Grande) was found liable because he had direct authority to control the disposal of hazardous waste, supervised the disposal of waste-filled barrels and, therefore, was held to be an "arranger" of disposal under CERCLA. The court imposed personal liability because the president/shareholder had (1) the capacity and general responsibility to control waste disposal, (2) the power to direct negotiations regarding waste disposal, and (3) the capacity to prevent damage caused by hazardous waste.

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