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ARTICLE · 05 APRIL 2012

Mine Or Hauler: Who’s Responsible For Waste PCB Oil?

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In Enviro West Inc. v. Copper Mountain Mining Corp. a waste hauler was hired to remove waste oil from a transformer at a mine.

CanadaEnvironment
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In Enviro West Inc. v. Copper Mountain Mining Corp. a waste hauler was hired to remove waste oil from a transformer at a mine. Despite several oral and written warnings, the hauler didn't realize the oil was heavily contaminated with PCBs. As a result, the hauler mixed the PCBs with other oils, creating extensive PCB contamination of its oil inventory and equipment. The hauler sued the mine and its electrical contractors for its resulting losses.The mine and its contractors were held liable for negligence. Even though they had complied with provincial requirements, they had not taken sufficient precautions to ensure the hauler knew the oil was high concentration PCB oil, and was licenced and capable to handle it:

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