If you don’t win, we don’t get paid: 855-913-1134
Environmental Law > Hazardous Waste Pollution
Hazardous waste pollution occurs when discarded materials with dangerous properties contaminate air, soil, water, or surrounding property. Releases can result from improper storage, transportation, treatment, or disposal. Whether a material legally qualifies as hazardous waste depends on its characteristics, regulatory listings, and applicable exclusions.
Waste may qualify as hazardous because it appears on a regulatory list or exhibits characteristics such as ignitability, corrosivity, reactivity, or toxicity. Examples may include certain spent solvents, industrial residues, and discarded chemicals. Classification depends on the specific material and applicable rules rather than its appearance or odor alone.
The federal Resource Conservation and Recovery Act (RCRA) establishes a framework governing hazardous waste from generation through transportation, treatment, storage, and disposal. California also has hazardous waste requirements administered by the Department of Toxic Substances Control and other authorized agencies.
Separate civil claims may be available depending on the facts. For example, contamination that substantially interferes with the use or enjoyment of property may raise a private nuisance claim when the required legal elements are met. Regulatory enforcement and private claims for compensation follow different requirements.
A legal review may examine the waste involved, suspected source, responsible parties, release dates, testing results, alleged harm, and evidence connecting the conduct to that harm. Exposure, proximity to a contaminated site, or a health condition alone does not establish liability or eligibility for compensation. Technical or medical analysis may be necessary.
Keep agency notices, environmental testing reports, relevant medical records, property records, expense receipts, and communications you are lawfully entitled to retain. Document dates and locations, and take photographs only from a safe, lawful location. Avoid handling unknown waste or disturbing potentially contaminated materials.
Legal sources: California DTSC: Defining Hazardous Waste; EPA: Resource Conservation and Recovery Act Overview; and California Civil Jury Instructions: Private Nuisance.
Concerned about hazardous waste contamination affecting your health or property? Matern Law Group can review your circumstances and explain potential legal options.
Hazardous waste pollution cases involve complex issues and require an experienced environmental law attorney who knows how local, regional and federal environmental regulations apply.
California has unique hazardous waste regulations that include, but substantially exceed requirements of the federal Resource Conservation and Recovery Act (RCRA) regulations generally in effect in other states.
It is also hard to navigate California’s hazardous waste requirements because of the dramatic differences in substantive requirements, enforced by pervasive local city and county agencies deputized as Certified Unified Program Agencies (CUPAs) and result in surprising violations and onerous penalties.
Common categories of hazardous waste materials are:
If you have had your health harmed or well-being damaged by any type of hazardous waste or contamination, or have witnessed illegal hazardous waste pollution, dumping, or disposal, you may have a legal claim.
If you would like to speak with a reputable lawyer to discuss your legal options, please reach out to us to find out more about environmental laws and your rights.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
"*" indicates required fields
