Case 6 - Waste disposal site

Summary

A is the operator of a site for the permanent deposit of waste. Polluting effects therefrom cause damage to neighbour B. Fault cannot be established.

1. Is A liable to B? What kind of damage may B claim? Is it of any importance that B is the owner of the land affected by the negative effects?

2. What would the extent of liability be if the majority of people living in the community suffer minor property and/or health damage?

3. What is the extent of liability if A is the operator of an installation, or site, for the incineration, treatment, handling, or recycling of waste?

4. Would it make any difference if the operator of the waste disposal site was a private person, or a company, or if the dump-site was run by the state?

Comparative remarks

Comparison

The operation of waste disposal sites, as well as sites of incineration, treatment, handling or the recycling of waste, is covered by the liability regimes outlined under Case 1. In Finland, Germany, Greece and Sweden, such activities are also covered by their comprehensive environmental liability regimes. In Portugal, the application of strict liability according to Article 23 LAP, however, depends on whether the activity can be regarded as objectively dangerous. In Austria, strict liability according to §§ 163 et seq. MinroG plays an important role with regard to waste disposal sites situated in mines.