Agenda - Council - 09/13/1982 - Special

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I I i ! '/ i I 'I I i i i i 28 release. Strict liability means the owner/operator is responsible for a release of a hazardous substance and liable for damages or personal injury as a result of that release no matter what the cause or reason for the release. Strict liability was well expressed in a case in which a strict liability standard was applied to oil drilling activities in a residential area. "Where one, in the conduct and maintenance of an enterprise law- ful and proper in itself, deliberately does an act under known conditions, and with the knowledge that injury may result to another, proceeds, and injury is done to the other as the direct and proximate consequence of the act, however carefully done, the one who does the act should, in all fairness, be required to compensate the other for the damage done." (Green v. General Petroleum Company, 270 P. 952-55 ICal. 19~8))~ The proposed legislation, however, did not address release of substance from mixed municipal solid waste landfills. Although such releases have less potential for harm, they could contaminate wells, cause personal injury and property damage or loss. Because of these problems, it may be appropriate to provide strict liability for owners and operators of municipal sanitary land- fills. However, even though strict liability may be desirable, alternatives do exist in the form of contingency funds and in-kind replacements. EXPLOSIONS The possibility of explosions from methane gas is small, and good design and proper operating procedures can minimize the potential for explosions in a sanitary landfill. As with groundwater contamination, there is still some risk to local residents. Explosion from volatile organics is difficult to prevent because it is difficult to keep track of substances going into the landfill. Although most operators and haulers guard against dumping such materials, small amounts may escape detection. To protect against such risk, sbdden accident liability insurance for owners and operators of landfills may be desirable.