As with CERCLA, the SWDA states that a person is responsible for solid waste if the person:
- is any owner or operator of a solid waste facility;
- owned or operated a solid waste facility at the time of processing, storage, or disposal of any solid waste;
- by contract, agreement, or otherwise, arranged to process, store, or dispose of, or arranged with a transporter for transport to process, store, or dispose of, solid waste owned or possessed by the person, by any other person or entity at:
- the solid waste facility owned or operated by another person or entity that contains the solid waste; or
- the site to which the solid waste was transported that contains the solid waste; or
- accepts or accepted any solid waste for transport to a solid waste facility or site selected by the person.
Do you have questions? You can get our FREE ebook, Environmental Litigation: What Every Attorney and Environmental Professional Needs to Know, just by providing your name and email address at this link. We promise your information won’t be shared with third persons. And if you’d like to speak with me about your case, I welcome your phone call at 972-850-8490. I look forward to speaking with you.