If you don’t win, we don’t get paid: 855-913-1134
Environmental Law > Toxic Waste Pollution
Toxic waste pollution occurs when discarded materials containing harmful substances contaminate soil, water, air, or property. It may result from leaking containers, industrial disposal, spills, or improperly managed waste sites. Potential harm depends on the substances involved, their concentrations, and how people or the environment come into contact with them.
“Toxic waste” commonly describes waste capable of causing poisonous or other harmful effects. “Hazardous waste” is a regulatory classification that may apply because a waste is specifically listed or exhibits characteristics such as toxicity, ignitability, corrosivity, or reactivity. The applicable rules depend on the material and legal classification.
The federal Resource Conservation and Recovery Act (RCRA) provides a framework for regulating hazardous waste generation, transportation, treatment, storage, and disposal. California also imposes hazardous waste requirements administered by the Department of Toxic Substances Control and other authorized agencies.
Separate civil claims may arise depending on the circumstances. For example, contamination that substantially interferes with property use or enjoyment may support a private nuisance claim when the required elements are established. Regulatory enforcement and private claims for compensation involve different legal requirements.
A legal review may examine the waste involved, suspected source, responsible parties, release dates, testing results, and alleged injury or property damage. Evidence connecting the conduct to the claimed harm is important. Exposure, proximity to a waste site, or a health condition alone does not establish liability or entitlement to compensation.
Keep environmental testing reports, agency notices, relevant medical and property records, photographs, and documented expenses that you are lawfully entitled to retain. Prepare a timeline of suspected releases and resulting effects. Avoid touching 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 toxic waste contamination affecting your health or property? Matern Law Group can review your circumstances and explain potential legal options.
Toxic waste pollution and illegal waste dumping cases involve complex issues and requires an experienced environmental law attorney who knows how local, regional and federal environmental regulations apply.
Environmental rights are an extension of the basic human rights that mankind requires and deserves. California’s environmental laws are enforced by both state and local agencies, each charged with enforcing the laws governing specific types of environmental pollution.
A hazardous waste is a waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste is generated from many sources, ranging from industrial manufacturing process wastes to batteries and may come in many forms, including liquids, solids, gases, and sludges.
Toxic waste products are divided into three general categories: chemical wastes, radioactive wastes, and medical wastes.
In general terms, toxic waste refers to:
The mismanagement of toxic hazardous waste could lead to conditions that may cause harm to humans or to the environment. Since hazardous materials can cause serious or fatal injuries, penalties have been established for willful or negligent violation of the toxic waste laws. Violations may result in monetary penalties for every day of violation or time in prison.
If you work at or live near a landfill, incinerator, composting center, recycling center, waste management center, town dump, or any other type of toxic waste facility, your health may be at risk.
If you have had your health harmed or well-being damaged by toxic waste dumping or contamination, or have witnessed illegal toxic waste pollution 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
