SD37 - Means of Relieving Landowners from Liability Resulting from the Illegal Dumping of Hazardous Materials on Their Property
Executive Summary: The Joint Subcommittee established pursuant to SJR 202 (1989) held three meetings during the course of its study. At its initial meeting held in Richmond, the Joint Subcommittee was briefed on the current state of the law regarding liability for the illegal dumping of hazardous materials. Testimony was also received from state officials and various interest groups. At its second meeting, which was conducted in Farmville, the Joint Subcommittee held a business meeting and public hearing. During the business meeting, the Joint Subcommittee continued to receive information about liability and defenses to liability under current law, as well as how other states deal with liability issues involved in the illegal dumping of hazardous materials. During the public hearing, numerous corporate representatives, interest groups, and private landowners expressed concern over the liability which might be imposed upon them if they were victimized by the illegal dumping of hazardous materials. The Joint Subcommittee held its third and final meeting in Richmond. At that meeting, the Joint Subcommittee developed the following three recommendations: 1. To increase from $10,000 to $25,000 the maximum civil penalties, civil charges, and criminal fines which may be assessed for the illegal dumping of hazardous waste; 2. To increase from $10,000 to $25,000 the maximum civil penalties which may be assessed for violations of the State Water Control Law; and 3. To include in state law affirmative defenses to liability actions which are similar to the defenses already available under federal law. These recommendations are in the form of legislation to be introduced at the 1990 Session of the General Assembly and are attached to this report as Appendices B, C, and D. |
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