1. Harriet Homemaker likes to use her barbeque to make dinner for her family. Harriet, however, uses lighter fluid, and wastes a lot of it. She disposes of half-full lighter fluid bottles in her kitchen garbage and the garbage men take them away when she puts her trash out for collection. Harriet’s ex-husband reports her to the EPA for violating provisions of RCRA. What is the likely result?
Even though lighter fluid may not be on one of the EPA’s hazardous waste lists, it has a characteristic of hazardous waste as it is “ignitable.” Under (40 C.F.R 261.21) it is a hazardous waste. However, because household solid waste and/or hazardous waste is a regulatory exemption it is likely that the EPA will not address the report from her husband in regards to violating provisions of the RCRA.
2. You are working as a paralegal for the law office of Daniel Kaffe. Nathan Jessup, a local entrepreneur who is in the business of transporting various flammable liquids, calls to set up an immediate appointment to discuss a potential issue. At the time, Mr. Kaffe is out of town and will not be returning for a couple days. Later that day, Jessup comes in to speak with you about the situation. Jessup tells you that one of his trucks that was transporting 1,000 gallons of highly flammable liquids overturned near a local school. He is not sure what to do and asks you for your advice. Given the urgency of the matter, what should you instruct Jessup to do?
As a paralegal I cannot give Mr. Jessup legal advice, however, as a citizen I would be able to give notice to the EPA of the spill. The first step is containment of the problem to reduce the immediate risk to human health and the environment especially because of the proximity to the school and small children. Under the Comprehensive Environmental Response, Compensation and
